Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-11-07
lM|. Settle :Pfopounds Questions
likaIyfto Puzzle Him.
!. FRANCHISE AMENDMENT
The Congressman Asisoa How tho
Election'Law rs TO Bo Tested ma
Pointed 10 Fra c,ical .Dimcuisies IN
,tho4Svay or Go.tins Deciyion or tho
Courss-why should Rapub,ienn,
Oppose. A Amendments

( y Raleigh, N. c., Nov. 6.-Hon. Thomas
Settle Of Greensboro, has given out for
publication the following letter to Con-
gresham r. q. Linney:
My Dear LAnney: AS Hartman Of the
last Republican Stale Convention, and
as member Of the present State Exec
tive Committee; and one Of the ablest
lawyers and loglcians in the State,
venture, as a fellow Republican, to
address you this letter hoping that you
Will enlighten me as to certain practical
objections to the proposed opposition of
Inc Republican party, as an organiza-
ton, to the adoption of the Constitu-
tlonal Amendment now before the peo-
pie.
AT recent meeting OF the Executive
committee in Statesville l am Informed
a resolution, was passed authorizing the
chairman of the committee to employ
counsel, and take the necessary steps
TO test the constltutionality Of the Ilec-
zion Law passed by the last Legislature.
HOW can this question be brought be-
fore the courts? They will not enter
tain Hypothetical or theoretical! case.
and do not know any persons having
authority 10 submit n case agreed"
Suppose, for the sake of argument.
we admit the Republican Executive
Committee can bring quo warranto
or sue out an Injunction against the
persons composing the Estate Board of
Elections" of what practical benefit
will 1t be to the Republican party?
You cannot get q decision of the
Supreme Court OH the question before
February next, and IL they should hold
the act unconstitutional would that
decision revive the old law? (Acts
1886 1890 The present law did not
repeal these acts. The repeating act
was passed on the Goth of January, 1899,
and the present law became operative
on the 9Th of March, 1899: so that be-
tween those dates we had no law gov
erning elections whatever. The old law
repealed on the 26th of Januarv-an
interval with no law on the books
governing the subject-a new law
passed March 9Th and the new law
DECLARED unconstitutional by the courts
do you maintain the old law, Acts
lS95-lsS7 will be revived? If SO still, of
what benefit Is It? The Legislature, by
resolution, us to meet In June next, and
would Immediately pass an election law
similar to the one we now have, under
which the election In August following
would be held, before you could test
Its constitutionaMty. SO that after all
your labor you would land substantially
in the same position you are now in.
am not the champion of or the
apologist for the present election law.
1t Is not such as would like, but 1t is
before us speaking In the emphatic
ianguage Of condition." and not in
the lurid eloquence of a theory"
Now as to the Constitutional Amend
mcnt. Assuming that 1t Will be ratified,
and think that It is q reasonable as
sumption. how will you test its CON
stitutionality? You cannot get n decis-
ion OF the courts on the Question in n
contest for q seat in Congress, or a
seat In either branch of the General
Assembly of the State For by the
Constitution of the United States, and
Of the State, each Of these legislative
bodies Is made the sole judge of the
members
There are practical difficulties in the
way Of raising a question in a contest
for one of the judgeshlps, which pre-
cludes that method. The judges are
voted for by the electors Of the entire
persons who are declared elected will
get the face of the returns by at least
$1,000 or 10000 and the difficulties of
proving that number Of unlawful votes
cast for the incumbent are insurmount-
able. If you undertake to raise the
question In q contest for some other
constitutional State office. such as clerk
of the Superior Court, sheriff or register
of deeds, you are still in n position
scarcely less embarrassing. If the
majority In favor of the Incumbent
should be small enough to warrant an
attempt to overcome 1t. how would you
proceed? You might show by the
various registrars of the county that
certain persons, white and coIored.
registered under the so-called Grand
father Clause"-but you must show for
whom these persons voted The best
evidence Of how a person voted is the
oath Of the elector himself, but as that
class Of voters can neither write or read,
how can they swear for whom they
voted? They deposit their own ballots
In the boxes and 1t Is a remote posi-
bihty that any Of the judges Of the
election will be able to swear how they
voted.
Aside from these practical difficulties.
however, there Is another feature Of
the matter ] apprehend has not received
mature consideration by those who
would commit the Republican party to
a policy of opposition to the Amend
ment. The chief appeal we now hear
Is addressed to the unlearned white
voter and is that he will be disfran-
chised because the "Grandfather
Clause" will be declared unconstitu-
tionM by the courts. How? If 1t is
brought before the courts,ft can only
be done by such q contest as I have
spoken of above, and for such contest
the Republican party would have to
stand sponsor. If the courts then We're
to decide tt unconstitutional, who would
be held responsible for disfranchsing
these unlearned white people? Mani
testify the Republican party, sponsor
for the suit. The Democrats protected
their franchise by a provision in the
Amendment, and the Republicans
strike 1t down, leaving the balance of
The Amendment standing.
\. "Who hit Billy Patterson"
II am aware that I have been much
criticised by some for my attitude on
], thIa .dlIestinn thut I WELD To M ona ir,