The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1898-05-07
The Constitution Again Upheld.

The Supreme Court, through an
opinion delivered by Justice Me
Kenna today, again decided that
the suffrage feature Of the Missis-
sippi constitution is not repugnant
to the spirit and letter of the CON
stitution of the United States.
The opinion was rendered in the
case of Henry Williams, plaintiff in
error, VS.. the State of Mississippi.
Williams was indicted for muir
der in 1896 in the Circuit Court
of Washington county, Missis-
sippi, and he moved to quash the
Indictment ON the grounds that the
laws by which the grand jury was
organized, summoned and charged,
were repugnant to the constitution
of the United States, in that the
Mississippi constitution names the
qualifications of electors, and that
to be juror one must be an cleo
tor. The motion proceeded TO re
view the statutes of the State rela-
tive to qualifications and require
ments as to registration and pay
ment of taxes, and charged the
framing Of the Mississippi consti-
tuition to have been u scheme to
disfranchise the negro. Hence,
the motion concludes, "but for the
unconstitutionallty of the Missis-
sippi laws, the defendants race
would have been represented i'm
partially on the grand jury which
presented this Indictment Also,
he says, since Mississippi's repre-
sentation in congress has not been
the defendant should
have been indicted, under provis-
ions of the constitution Of 1869
and statute of 1889.
DECISION IN BRIEF.
st is not asserted" says JUS
tice McKenna, "by plaintiff in
error that either the constitution
of the State or its laws discrimi-
nate in terms against the negro
race, either as to elective franchises
or the privileges or duty OF sitting
Oh iul.ies. These results, if we
understand plaintiff in error, are
alleged to be effected by the pow
ors vested in certain administra-
tive officers.
The plaintiff is quoted then in
his review of sections 24l, 242 and
PA Of the State constitution of |
1880, prescribing the qualifications
If electors and the mode of regis
ration, in which it Is contended
hat the officer is the sole Judge of
he examination of the applicant.
The plaintiff argues that the in
ent of all the provisions was to
Iisfranchise the negro, and he
uotes the Mississippi supreme
Jourt in Ratclltfe 25, Beal 20, So.
reporter, S65, wherein it said,
Of the constitutional con-
ention;
"Within the field of permissible
elton, under the limitations inn
osed by the Federal constitution,
be convention swept the field of
to obstruct the exercise
f suffrage by the negro race.
But" declares Justice Nc ,
Jenna, ''nothing tangible can be
educed from this, : The ,,
peration of the constitution and
Tvs (of Mississippi is not limited
y their language or effects to one
nee. They reach as weak and
icious white as we'll as black
len, and whatever is sin
ter in their intention, if !
can be prevented by j
9th races by the eXertion OF that {
uty which voluntarily pays taxes {
nd refrains from crime" :
Upon the question Of wrongful
r discriminating administration
{ the registration laws and the |
.ws relative to the selection of
lrors from electors, Justice Nc
emma says the constitution and
atutes Of Mississippi 'do not, on :
leir face, discriminate between :
lie races, and it has not been t
nown that their actual admins
alton was evil, only that evil was f
ossible under them. "
The refusal of the lower court '
quash the Indictment was affirm I
IL. Z. NJ. in Commercial