The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-05

we had MO law governing elections
whatever. The old law repealed ON the
2nd of January--an interval with no
law ON the books governing the subject
Il new law passed March 6th-and roe
new law declared unconstitutional by tic
colurts--do you maintain the old law.
Acts 1S95-1S97, will be revived? IL 50
still of what benefit Us it? The Legisla-
ture, by resolution, is to meet IT. ,'dna
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 constitutionality 80
that after all your labor you would land
substantially i'm the same position yon
are now i'm.
j ann not the champion of or the apo og-
list for the present election law. 1t is not
such as | would like, but it is before us
speaking i'm the emphatic language of a
condition" and not in the lurid ole.
quence off a theory"
Now as to the Constitutional Amend
ment, Assuming THAT it will be ratified,
and i think that it is a reasonable as
SUMPTION how will YOU test its consti-
nationality? You cannot get a decision of
the courts ON the question in a contest
for ii seat in Congress, or a seat in eth
en- 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 ma lie
the sole Judge OF the election and quail
ficat!on of its own members.
There are practical difficulties in tie
way of raising IA question i'll q contest
for cne elf the iUdgslhips, which rrecludes
that method. The Judges are yoted for
by the electors of the entire State, and
ii Is probable that Those persons who ARE
declared elected will get the face If the
returns by at least $1,000 or 10000 and
the difficulties of proving that number
of unlawful votes cast fen the incumbent
are insurmolmtable. If You undertake
to raise the, question i'm a contest for
some other constitutional State office,
such las clerk of the Superior court, Sher-
iff or register of deeds, YOU are still in
a position scarcely less embarrassing. If
the majority in favor of the incumbent
Should be small enough to Warrant an at
tempt to overcome it, how would You pro.
coed? You might show by the various
registrars of the county that certain per
sons, white and colored, registered un-
der the so-caIlled grandfather
clause--balt YOU must show for whom
these persons voted. The best evidence
of how person voted is the oath of the
elector himself, but as that class of vot-
ers can neither write NOR read, how can
they swear for whom they voted? They
deposit their own ballots in the boxes ani
it is a remote possibility that amy of this
Judges of the election will be able to
Al
Aside from these practical difficulties,
however. there is another feature of the
matter. | apprehend has not received ma
ture and wise consideration by those
who would commit the Republican party
20 policy of opposition to the amen l.
ment. The chief appeal we now hear is
addressed TO the ullealned white voter,
and is that he will be DISTINGUISHED be-
cause the grand father clause" will be
declared unconstitutional by the courts
How? If it is brought before the courts
it can only be dome by such a contest as
| have spoken of above, and for such a
contest the Republican party would have
to stand sponsor If the Courts then
were to decide it Unconstitutional, wle
would he held responsible for disfaar-
chising these Wnlearned white people :