The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-09

This will not be set aside or invalidated
except upon clear, conclusive and unms-
taxable evidence of the violations of the
Federal Constitution. Every preslnnp-
ton will be in favor of the will of the
people. The judicial mind will be astute
and industrious to find reasons for its
support. Ii the pivotal date had been
fixed at january LIST, 1887 instead of 1861
there could be no question as to the
validity of the section but it is insisted
that the date liked establishes Il purpose
to exclude all negroes from the benefit
of the fifth section. This allegation by
an examination Of the election laws then
in force can not be sustained. How
far the court will call to itsad the his
tory of the time and political status
of the persons effected by Il statute is
always an open question. 1t rs conced-
ed that if the amendment conflicts with
the Federal Constitution such conflict
must be tounu by reference to something
outside and not from the face of the law
Considered in the light of the past his
tory of the court its decisions and the
able men who now compose the bench,
we are justified in maintaining that the
will of the people of the State will be
respected as the supreme law. But 1T Is
said that the fourth section will he upheld
while the fifth section will be declared IN
valid. This suggestion we'll becomes
those who are familiar with the code of
moral and intellectual action finding cx-
pression in the saying ''Now you see it
now you don't" and utterly fails TO com
prehend the standard which guides and
controls the trained judicial mind, gov
l.. -
ton. The same judicial mind which
for the sake of the argument, be it con
coded, would find from the surrounding
circumstances and conditions Constitu-
tiona objections to the amendment would
from the same sources of information
and light find that the people of North
Carolina were placing in their Constitu
ticn an entire article or single scheme
based upon a well considered principle
each part of said article consistent with
and dependent upon the other. The
court would inquire when, confronted
with this suggestion, whether the fourth
section would have been placed there
without the fifth and would see that the
very argument which, had been urged to
defeat the fifth. if adopted, settled be-
yond controversy the fact that the two
enlanated from one commons purpose and
gave expression to such purpose. The
court would adopt for its guide the well
settled principle that when the parts
of a statute are so mutually connected
and dependent as conditions, considera-
tions or coInpensations for each other as
to warrant Il belief that the legislature
intended them as a whole and that if all
could not be carried into effect the leg
islatrre would not have passed the resi-
due Independently. if some parts are I'M
constitutional and void all the provi
sions which are thus connected. cond.-
tional or compensated must fall with
Them Black Constitutional Laws II
In response to a suggestion that Il part
Of statute should be sustained, the
other having been declared void, the
court said, but the insupperable diff
Guilty with the application of that prin-
ciple of construction 10 the present in
stance is, that by rejecting the eXcep
tions intended by the legislature the
statute is made to enact what the leg
islature never meant. 1t confers upon
the statute a positive operation beyond
the legislative intent and beyond what
any one could say it would have enacted
cn the illegality of its exception" Those
who suggest that this tribunal would
trifle with the people of a sovereign
State hy what would be little above
judicial jugglery with grave and seri-
Gus question may well be classed with
those who are seeking to destroy the
confidence of the people in the highest
judicial tribunal of the world. Ut may
do for the exigencies of a political cam
paign. hut hardly rises to the dignity Of
an argument from a statesman or law
yer. There is nothing in the record Of
the Supreme court Of the United States
justifying this suggestion.
Those who favor the adoption of the
amendment have a right to expect that
they will be met by a discussion of its
merits rather than an attempt To- fright
en- the citizens of the State with such
suggestions as we have been discussing.
If discussed fairly and candidly as its
friends are determined it shall be. we
are confident that the people Of the
State will ratify it by a large majority.
The year 1900 will mark a step forward
and upwar. by the people of this Com
monwealth which will give new hopes
and inspiration to the young manhood
and guarantee a sense of peace and So
culity TO those who have weathered the
storm.
III. G.. CONNOR.