The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-09
THERE is NO CONFLICT
WITH THE PROVISIONS OF THE
FEDERAL CONSTITUTION.
AN ABLE PAPER BY HON. H. G. COMO,
Rules Of Interpretation of Such Documents are
Rigidly Fixed by Custom and the
Text Books and Will not be
Violated.

Violated.
Those who seek to defeat the adoD-
ton of the Suffrage Amendment by the
people express solicitude in regard, frst,
To its supposed conflict with the provl
sions of the Fifteenth Amendment to the
Federal Constitution. Second. mat the
fourth section will be sustained and the
fifth, commonly called 1.-The grandfather
clause will be declared invalid, thereby
prohibiting from voting all persons VINO
shall not be able Ito read and write
amy section of the Constitution in the
English language
SO far no Que has seriously questioned
the wisdom of the proposed change III
our law. The experience of our own
and of the other Southern States for the
past thirty years has demonstrated the
necessity 4or radical treatment of the
suffrage question. Whether the soici-
tude for the tonstitutionality of the
measure is altogether sincere |. will not
at this time suggest These who wish
to compass its defeat recognize the fact
that unless the fears of a large number
of white voters can be aroused i'll regard
to the second branch of their conten-
ton the measure will be ratified by
large majority of the people. The
Amendment is the expression of the
earnest. patriotic desire of the men who
framed it. and those whom they repre-
sent. to place our suffrage law upon
strong, healthy basis removing
many and manifest evils now
existing and dangers threatening
the welfare of the State in the fu-
ture. 1t offers a solution of the yexed
and vexing question consistent with and
promotive of the highest interests of the
State and improvement of the people. l.
those who fail to symllathize with this
purpose shall succeed in defeating it, thus
perpetusting these conditions they will
enjoy the satisfaction of having done a
great injury to the State without reapin2
the reward which prompts them in Their
work. political supremacy.
the constitutional question has been
so strongly and fully presented that but
little remains to be said. 1t is mistake
To suppose that the Federal Supreme
Court will he astute or Industrious to
find objections to the Amendment. The
question if ever presented. will go to the
court as the expression not only of the
VII of the people Of this State, but of
the entire South endorsed by Il very
large patriotic and intelligent portion of
the North. There is no more interesting
chapter of our history than that which
records the development and adaptation
of the constitution to the growth Of our
country, changed conditions of the peo-
pc and well nlatured public sentiment.
Mr.. Alfred +. Thorn. an able and scilol-
arly member Of the Norfolk liar. a year
ago. read before the Virginia Bar Assoc
a n 4. n 4
paper upon this line of thought, entitled
THE Inevitable REIMBURSEMENT of Law.
He shows clearly beth by quotation from
the writings of able men and from the
trend of events that the sentiment which
resulted in the adoption of the Fifteenth
Amendment no longer controls the bcsg
thought of the country. The Atlantic
Monthly o. recent date contains an
article upon Colonial Expansion and
some Of the problems growing out of it
in which the author uses the following
language. referring to the decision Of
the court in the Mississippi case, '.The
decision has not raised the storm Of
protest in the North which would have
followed ii a score of years ago, and this
may he taken as an indication that tho
country at large has made up its mind
be carried out strictly CONSTITUTIONS
al or institutional law is not am exact
science nor should it be. Adhering to
general principles. it is a medium for
giving expression to and enforcing wise
ly, carefully and conservativey well ma
tured public sentiment. enabling written
constitutions to expand and adjust them
selves to national growth
The OUpstiOu presented ny tho uueot,J
ment should be approached with a recog-
milton OF this truth. Certain. well set
tied propositions should be kept in view
The State has the ri"ht to prescribe the
qualifications of an eector and to impose,
any restriction thereup0n which it may
deem wise and conducive to it's safety and
welfare. The Federal Constitution com
tains no restriction upon the exercise
Of this right save that found in the Eff.
teenth Amendment. "That the right to
vote shall NOT he denied or abridged
by the United States or by any state on
account Of race. color or previous condl-
Vt servitude.' Certainly there Is
,lnDg in the Amendment conflicting
9TH this provision. The restriction up
on the general right to vote contained
in the fourth section is conceded to be
free from objection hut it is said TINT
the fifth section abridges the right to vot.
by reason of race. etc. 1t might be sale
IN reply that the fifth section Is an en-.
larging clause and abridges n0hody's
rights. That the people Of the State
or their legislature may make excep-
tons to the general rule governing the
citizen is clear and illustrated by nllmes-
Gus statutes. There is nothing in the
principle upon which the fifth section i
founded which is objectionable Int it IL
said that when read in the light Of the
history of the past and present political
conditions the court will look beyond thu
letter Of the law and find in its aprIca-
ton the intent or motive with which il
was adopted. 1t will be observed that
when adopted il will be mot a mere act
Of the legislature. but the will of the
entire people OF the State In truth an