Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-11
MIR. GUTHRIE'S VIEWS.
North CarOlina's Proposed COnstitu-
tiOnaI Amendment Discussed.


Special Dispatch to The Evening Star
RALEIGH, n. c., May 1.-THE demo-
cratic managers in North Carolina are TAX
ing great comfort in the fact that they have
secured from Major William A. Guthrie an
opinion that the proposed amendment to the
state constitution. which was rairoaded
through the last Legislature, and which has
for its object. admittedly, the disfranchise
ment of the cOlored voters throughout the
commonwealth. is constitutional. and will
stand the ordeal Of test before the United
States Supreme Court If the question of its
legality should ever reach that body.
Two years ago Mr.. Guthrie was the popu-
list candidate for governor of the state. and
during that campaign the democratic
papers and speakers lost no opportunity to
belittle him in the estimation of the people
Since he has decided that he will for the
future act with the democrats he is re-
ferred to by the managers as ranking with
the ablest lawyers in the state"
After making long preliminary state
ment regarding the action of the legisla
ture in adopting the amendment. Mr.. Guth-
RE says: But the Grandfather Section.
as 1t Is called, is the one which presents the
really serious question of them all as to its
constitutionality. 1t reads follows:
" Sec. ). No male person who was on jan
uary /. 1861, or at any time prior thereto.
entitled to vote under the laws of any state
| in the United States wherein he then re-
sided and no lineal descendant of any such
person, shall be denied the right to register
and vote at any election in this state by
reason of his failure to possess the educa-
tional qualification prescribed in section 4
of this article provided he shall have regis
tered in accordance with the terms of this
article prior to December /, 1%'S, and no
person shall be entitled to register under
| this section after that date.
Now, here the question arises, Is there
| anything in section ) which diScriminates
| on account of race, or color, or previous
| condition of serVitude?' If 50, it would
| conflict with the fifteenth amendment to
| the Constitution of the United States; but
| otherwise it would not conflict.
1T is historically true that January l,
| 1861. the negroes in North Carolina for
| mcrly in slavery, were then free men: but
| no law, either state or national, had at
| that time conferred on them the right to
| vote. But how had it been prior to Janu-
| AIRY l, 1S6I-prior to the amendment to our
| state constitution in the year 1885? 1t is
| historically true that prior to 1880 free
| negroes they We're called, had and ex-
| ercised the right to vote at all elections in
North Carolina. And if any free negro
! who voted prior to 1888 is still living in
| North Carolina, though he may be totally
| illiterate and unable to read and write. and
| though dsfranchised from 1889 up to the
| reconstruction period in 1868, he could vote
| just like an nlterate white man under this
| proposed amendment If it should be adopt
| ed. Not only SO, but any living ineal de-
| scendant' of such free negro, though him
self illiterate, could vote under this pro-
| posed amendment Not only this. but I'M
| der the proposed amendment any negro
| whether he was formerly free negro or
| a slave who exercised the right to vote in
| Massachusetts. or any other state. prior to
| January l, 1867, is entitled. and his .lineal
descendants are entitled, to acquire resi-
| dence in North Carolina, and vote under the
| proposed amendment cOmDliaDre wi h
| the registration therein provided, and re-
| CARELESS of the educational qualification in
| section 4, because they come within the
| class provided in section ).
| The only question is, Does this section
| deny abridge the right TO vote on ac-
| count of race or color? Are negroes debar-
| red by it? Then, white men who come
| within these provisions would also be de-
| barred. Where is the discrimnat ton? Take
| the case of an illiterate son grandson of
| an unnaturalized alien; he cannot vote I'M
| der section 3. for his ancestor did not vote
| prior to January /, 1867. Take the case of
| even naturalized foreigner who cannot
| read write the English language and
| never voted prior to January l. 1867 il mat
| tiers not as to his race color he could
| not vote under section y. nor can his litter
ate lineal descendants vote under section D
| to whatever race they belong. The uues-
| ton under section is whether the voter
| himself his ancestor voted prior to jan
| uary l, 1867.
| After much further argument along these
| lines, Mr.. Guthrie declares he has reached
| the conclusion that proposed amend
| ment to the constitution of North Carolina
| does not conflict with the Constitution of
the United States.