davidaulloa/AmericanStories huggingface dataset:
The gold leaf., 1899-07-13
Judge w. r. Allen Shows
that the Amendment Must
Stand or Fall asa Whole.

| am confident that the amendment
to be submitted to the people is cen
StitUtiOnai. and there is no doubt in
my mind that the courts cannot hold
the 9th section to be unconstitutional
and permit the other sections to stand
The rule in the construction OF stat
uteS is thus STAGED by Ch:ef Justice
Shaw. Of Massachusetts. in Morrow vs.
CharlestoWn, > Gray, 81. If they Ghe
parts Of StatuteD are 50 mutually
connected with and dependent on cacl,
other, as conditions. considerations OF
camrrnSationS for each other as to
warrant a belief that the LEGISLATURE
intended them as a whole. and that. if
al could not he carried into effect. iAe
Legislature would not pass the residue
lependently, and some parts are un-
constitutional. all the provisions which
are thus dependent conditional or con
nected must fail with them"
This language IS endorsed by the Su-
preme Court of the United States in
Allen vs. Louisiana, 1O3 L. : X.
In Rig@>bec V. Durham, q y. C. R..
800, the court says: when such rela.
tSnS exist among the parts (of a stat.
utel. as that they make one conSistcn,
whole, ana each material TO the eff
cacy Of the statute IN subscribing its
general object, it must sand is a
unity, or fail alto-pthor"
1t seems to ne that the application
Of the rule is easy. TAe Legislature
passed the amendment as a whole
and the people ratify it in the same
way.
The Legislature thought the right tC
participate i'll government should be
limited TO those who mad some train
in@. and that the test OF this should
be knowledge obtained by what we or
dinarily call education. or by pxDnrt
ence. II said that nan who could read
and write We're qualified. and it also
said that those who could not read
and write. but who By them selves 81
through their ancestors had been n
The habit of participating in govern
ment We're equally we'll qualified. and
that the TWO would constitute the elec.
torate Of the State
II iS one system. one plan. is passed
a> a whole. and ratified as a whole.
II i matter OF public history th2.
the Legislature would not have passed
the ame1dnent without the fifth sec
ton, and if this = admitted the rule
We nave invoked shows t.at fln I;tI...
ent parts Of III" amendment must fa!I
or stand together.
The Republicans who oppose the
View / express are no. orDJ~cl 70 the
fifth section alone. but TO the whole
Amendment. and they urg- taat t.a
fifth section j. Unconstitutional and
that it VIII he 50 declared by 5h4
courts, an mat the remaining parts
The gold leaf., 1899-07-13

of rbe amendment will be left IN
forra because they believe the people
would not ratify the alnenullehI Wiz
out the fifth section.
If rhis is the attitude of the people
the different parts Of the amendment
are dependent upon each other, ana
constitute one whole
These same Republicans concede
rh,t the amendment as a whole is con-
s1i-ltional on its face. but tney say
The ro,1rts can look At the political
conditions existing At the time on l'>
passage and can see that the purpose
of the Legislature was 10 prevent the
negro from voting.
If the courts have this power they
Will also see chat il was the purpose
of the Legislature that all Wllte men
should vote. and that the fifth section
was inserted 10 carry ont this purpose
and that the Legislature would not
PASS the residue Independently.
The rule applicable to statutes when
| have discussed applies win greater
force IN the construction OF an amend
mput to the constitution. because N
the case of a statute. II the celfl HIS
takes the intention Of the Legislature
the mistake can he easily corrected ny
repelling the part OF the statute leit
in force. while The means OF correct
jnw a mistake in the case OF con-
Sritutiona! amendment IS much more
tedious and complicated.
Tile power sometimes exercised ny
the courts TO declare 4 part OF 4 stat
ute void. and to enforce other parts
Should be carefully guarded. and Is
moi permiSSihlc except when it can he
clearly seen that the void part does
not affect the purpose Of the enact
,nrnt. and has not Influenced the Leg
fsIature, because the statute with Il
part of it stricken out by the court
is not the act OF the Legislature but
of the court. and the courts have no
power TO make law.
The gold leaf., 1899-07-13
Theoretical Justice to u.
Negro Nay involve practi.
Cal Injustice to White Nc,

The mistakes some Republican ~,
crS are making with refrrrn., IA -.
amendment are due to the n9h.. p,
have contracted of looking n s.,
thing political from tie stan ln....
the negroes rights. They ur,l ;,
reminded that the WI - ma,
rights TO be considered and r,o>.r,
~ well as the negro. and that III.
retical justice to the negro nav B,
carried 20 the point where !. iny,tr.,
practical injustice To the wAfr III,
ald the State. These Rrpuh, AN la,1
crS make a miSctakc in .uS.>,,u.r - 90
the white people OF the Scum ,a,.
not do anything for them>,.'vr,
valving concerted public ar;.un n.
ont at the same time doing As nr..
for the negro. that having done n.r
by the nngro and his off spring IN .....
lerS with respect 10 which NE s.,
may owe him some duly. they ra.,.
not do better for themselves ami ra4.
children without also doing better + 4.
the negro and his children. ana ..,.
they must not be allowed 10 alvaa.4
and develop along public ar 4n2>.
public lines without Shoull"r,n. IA
negro and carrying him along wa
them.
If the pretended friends Of lie na.a
Ehall continue to persist in maxim,
them a white mans burden too gr,r
Gus to be borne, and making more 4 II.
cult every general schcm" of rrfarr
and development hy injrrpo>.ns b..
alleged ubiquitous constitutional rl-hr
and immunitieS. thereby circnnSar.- =
ing the boundlrSS energies ana pow
erS of the Anglo Saxon within the mar
row limits of African Slnth and ce.
pacity, the white people of the SOU,
may lose their traditional patlen..
and in Self-defense be led reluctant,
10 withhold from the negro many brl.
efactiOnS which a spirit of human.
and charity has prompted them a>
matter of grace to accord TO him ;a4
his.
The best interests Of tie negro VI,
be SubServed by his making him>l
a friendly helping mate rather tina.
an incubus to the white man.
There is every reason 10 believe tha
but for the selfish schemes and asira
tors the relations between the viii
man and the black man in the SON
would be exceedingly friendly. an
they would be much more mutual
helpful than they are or have bee
in the recent past.
The gold leaf., 1899-07-13
Extract from Speech Of Gcc!g,
Rountree, Esq.

But some opponent will say the pro-
posed amendment is contrary 10 ne
Fifteenth amendment of the COn>ii'f
zion OF the United States.
Let us see.
That amendment is as follows.
The right of citizens of the intel
States to vote shall not BE- denied "
abridged by the United States or hr
any State on account of race. color y
previous condition of Servituir.'
The Supreme Court of California. j
Van Nalkenburg vs.. Brown, j. Al.
Rep, 142. in speaking of The l[m'4'
lions imposed upon States hy llt r.
cent amendment say:
The mere power of the State 10 iH
tcrnlinc the class OF inhabitants Wa
may vote within her limits WAS nj
cuit1iled by the Fourteenth Amend
ment. The Fifteenth Amendment t'f
away her authority to discriminate
against citizens of the United Sa'-3
on account Of either race, color or pre-
vious condition Of srrvitudc. but ne
power of exclusion upon all nti'r
grounds, including that Of sfX, remains
intact"
This is the settled doctrine Of '1e
courts.
Certainly the right Of no one 10 r"e
is. in terms. denied or abridged Oh a.
count of race. color or previous c'-l--
ton Of ServitUde in this bill BH'
viii be said that the purpose, =" iEr
tive. is to disfranchise the n"@rpes .
such.
This we deny. But II It We're tr1|
it IS beyond the province of courts -
inquire into the motives Of ia" i'-'
lature: their function Is confined =
aScertaining the meaning ani ellen
Of any law drawn in question.
Cooley on Constitutional Limitations
pages 1SG. 1S1.
The failure To realize adequately 80
doctrine of the courts ~nit i--'
causes lawyers and even JUDI 81 .--
into error. but it is never. - t3- is
! know. diSregardcd by The ".H. p,
men Who sit in judgment unHa '''
bench OF the Supreme COur, q, 'E
United States.
Everyone knows that the purpose O..
the constitution makers of " M.----i itt
was 10. restrict as far as pn~-..4- 's
elective franchise in the hands - ..'
negro, and when the validity % ..a'
"an@,.tul.ca WAS challenged IN -.r -
p-eme Court of the United S.a'"~. ID
The casr of Williams W N.--~~i.''
40 |. :, 2l3. counsel pres ! -
point with much earnpStn"ss, hIt ''
argument wIS unanimously ARA
80 BE- invalid by that great tribunal
In order then TO render S'a.r i@
obAoXiouS To the Fifteenth A-i'--'
MEe1t, there MUST hc 4 dl>c".,. -3.-'
against Il person solely Oh dr"". p
his race. color or previous .'.-.....'-
u seTyitude: aEd in this b... '.'.~
no such discrimination. L r--.a.-'
j. not there in terms nor : 7 .-'.
IN eff""t. nor i Iii" operation do. III
amendment limited by il .a=-
or eft co.'s 20 DL- race It4.- .-.
law Il -rJes wh, can read AM y.
VIII not be dy5arreI. AMI a- "-
people who can not read al NIX
WI not be permitted " ss.s-
The gold leaf., 1899-07-13
Extracts from Major Vim. A.
Guthrie's Article on the
Amendment

The only question is. does this sec
ton deny or abrid@e' the right 10
vote Ion account of race or color: Arr
negroes d~narred by il: Then white
men who come within theS" provisions
would also be debarred. Where is The
discrimination? Take the case OF an
illiterate son or grandson Of III unnat>
ulaliZtl alien: he cannot vote under
section =. for his ancestor didn't vote
prior to January l. 1861. Take the
case Of even 4 natur2lIzed foreigner
who. cannot read or write the English
language. and never voted prior to
January /, 1867. it matters not as tc
his race or color. he could not vote
under section >. nor can his iiliterate
lineal descendants vote under section
,. to whatever race they belong. The
question of race or color does not enter
into this ena bling qualification. The
question under section . is. whether
the voter himself or his ancestor voted
prior to January |. 1861.
| might add more TO this article upon
the same line, but it would make it
too long. besides a thorough discussion
Of this subject on the stump next
year. its con>titutionality as we'll as
the policy of adopting the proposed
amendment. is to be expected. With
the lights before me, and such inves-
cation rs | have been able to give it,
| have been led to the conclusion as Il
lawyer. looking at it purely from Il
legal standpoint, that the proposed
amendment Gf adopted would not
conflict with the Constitution of the
United States. and in this cOmmunica-
ti0u that is the only CupStiOu | have
undertaken to consider
How many individual persons Of diff
ferent races may, upon a census be-
ing taken. be embraced within this
class Of voters, is not the question.
GLASS legislation, discriminating
against some and favorins others, ls
prohibited: but legislation which. in
carrying out a public purpose, is linz
tied in its Application. if within the
sphere Of its operation it affects alike
all persons similarly situated. is not
within the amendment" Barber vs..
Connolly, 113 I. s.. -.
The gold leaf., 1899-07-13
hem from the old world, or TO imbibe

them from the old world, or to imbibe
the democratic principles of seIt-eov-
ernment upon which our republic is
founded and il is absurd TO suppose
ment was unconstitutional, becau g
forsoorh the few negroes who happen
70 be living there along with the great
mass of uneducated foreigners might
not be able to qualify themselves un-
der the clause limiting the franchise
TO those who We're entitled to vote be-
fore a time antedating his emancipa-
ti0D
The gold leaf., 1899-07-13
Full Text of the COnstitu.
tlOnal Amendment to be
Voted on by the People in
August, 1900.

Section !. That Article VI Of the
Constitution of North Carolina be, and
the same is hereby abrOgated, and in
lieu thereof shall be substituted the
following Article of said constitution:
ARTICLE VI.
Suffrage and Eligibility to Office
Qualifications Of an ElectOr.
Section 1. Every male person born
in the United States, and every person
who has been Ueen naturalized. TWEEN
ty-one years OF age, and possessing
the qualifications set out in this Arii-
Gle. shall lie entitled to vote at any
election by the people in the State.
except as herein otherwise provided.
See. >. He shall have resided in the
State of North Carolina for two years
n the county six months, and in the
precinct. ward or other election dis
trict in which he offers to vote. four
months next preceding the election:
Provided That removal from one pre-
cinct, ward or other election district
to another IN the same county. shall
not operate to ueprlVe any person OF
the right to vote in the precinct, ward
or other election district from which
he has removed. until four months af-
ter such removal. No person who has
been convicted. or who has confessed
his guilt in open court upon indict-
lnent, of any crime. the punishment of
which now is. or may hereafter be.
Imprisonment in the State prison, Shall
be permitted to vote. unless the said
person shall be first restored to. cifi-
ZenShip in the manner prescribed by
law.
See. 3. Every person offering to
vote shall be at the time a legally reg
iStered voter as herein prescribed and
n the manner hereinafter provided by
law. and the General Assembly of
North Carolina shall enact general reg
i>trati0n laws to carry into effect the
provisions of this Article.
Sec. +. Every person presenting
himself for registration shall be able
10 read and write any section of the
constitution IN the English 1anguage
and. before he shall be entitled 10 vote.
have paid, on or before the first day
0f March of the year in which he pro-
poses 10 vote. his poll tax as preSorib-
ed by law, for the previous year. Poll
taxes shall be a len only on assessed
property, and no process shall issue
/, enforce the collection of the same
against assessed property.
Sec. > No male person who was. on
January l. 1867, or at any time prior
thereto, entitled 20 vote under the laws
OF any State in the United States
wherein he then resided. 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 10 possess the ed
ucational qua!..tca prescribed IN
section + Of this Article: Provided,
He shall have registered n accordance
with the Germs Of this section prior
10 December |. 1908. The General
Assembly shall provide for a perma-
nent record Of al persons who regis
ter under this section on or before No.
yem5Pr l. 1898. and all such persons
shall be entitled 10 register AMI vote at
all elections by the people in this State
unless disqualified under section > of
this Article: Provided. Such persons
shall have paid their poll tax as re-
Quirei by law.
Sec. t. AL elections by the people
The gold leaf., 1899-07-13

Of the state, neither Of whom can
read and write, let two Of them be
white men. one a native North Caro-
Iuran. who has lived here all his life,
one Pole or German. who has only
been - years n this country; let the
other TWO be negroes, one Of whom
mas lived IN the State all his life, and
-hc other one who has recently moved
~ tie State, lcc Us sag, from MasNa-
csuSctf~, where he voted before 1861,
or whose ancestors We're free negroes
ana could vo;c before 1861. Now, un-
der the constitutional amendment one
o. these white men can vote, and one
Of these negroes can vote; while the
other white man tChe fOreignerJ and
the other negro cannot vote.
The whit" man ana the negro who
are permitted 10 vote are both allow
cd 10 vote for the same reason, because
;nry or their ancestors could vote be
fore 1861. The white man and the ne
GRO. who are excluded from voting,
ar" excluded for the same reason, be-
caus" they could neither read and
write. nor did they or their ancestOra
vote II this country before 1861. |
suppose no ole Will contend that the
foreigner, VINO is excluded from ihe
suffrage under This amendment is de
-. 4 p oh nv ,f
race, color or previous condition Of
>rrvItude. Then upon what princi-
pIr Of law or common SENSE will the
courts hold that the negro, who is eX-
Guided with him is denied his right
10 yOtc 'on account of race, color OF
previous condition of Scrvitude:'
But it is suggested that the courts
VIII not conStruc this amendment by
lis terms, but that it will look beyond
consider any historical facts connected
with its initiation and adoption, and
inquire into the motive ana intent OF
III" measure.
Well, for tie sake of the argument
let lis admit il, although il must bt
confessed that this would be a move
m"'hod of interpreting a written con
Sritution. 1t is contcndei that The
court has only TO look to well know
facts concerning our population 2nC
the facts connected with the emancipa
tiOn Of the negro to see that only {:
very few negroes could qualify them
selves for suffrage under the sO-calle,
'"rIndfl;hcr' clause, while all tn,
white people except few foreigner:
could qualify themselves under it aul
therefore the court, predicatinG its ac
ton upon these facts de hors the
amendment would hold that the oh
jrct of this clause was to deny afC
abrid@e" the suffrage of the negro "oI
account of race, color or previous con
dition of survitude. But North Caro-
Ina is not the whole Of the United
| States.
The gold leaf., 1899-07-13
The Constitutional Amend.
ment-What ii "a What
it is Not.

sh,kesnrara -sy-. s:Ts4s ~?~--','
negotiate for itself and trust no
agent" Every voter ought certainly
to see with his own eyes. if he can
read. lust what the constitutional
amendment is. and if he cannot read
let SCme trusted friend read it for
him. This is important because the
enemies Of good government are tell
inc fal<choods daily about the amend
mpnt They claim:
That it disfranclIiscS white voters.
That illiterate white men cannot vote
after 1903.
That it requires everybody to pay
poll tax regardless of age or condi-
ton.
That where 4 man haS.moved from
one county or State to another he
would be obliged 10 bring witnesses
to prove that he or his ancestor was
Il voter prior to 1861. and that
a Door man would lose his vote be
cause of expense.
Those claims are absolutely false.
but are being induStriously circulated
by UnscrupuloUs men in every county
in the State. and. in some instances.
good men take up the idea that some
Of these claims are true. and comment
unfavorably Oh the amendment.
Surely 10 man can afford to form
an opinion about anything without
knowing something about it, and still
less can he afford to discuss it and
thus help to form public opinion.
Here are SGme facts IN regard to
the amendment every voter ought to
know before he makes up his mind
about the matter:
First The constitutional amend
ment, if adopted, VIII not disfranchise
white men. Section :, was framed tX-
prc>$ly to prevent that. and preserves
TO every white man. and even to ev-
cry white 10y who VIII come of age
by 1908 the right to vote whether he
can read and write or rot. \ perma-
nent record of the names Of such per
sons is required by the constitution
10 be kept. 50 that their right to vote
can never be- questioned.
Second. There is no word in the
amerGmCn- requiring 4 property quail
fication. y man does not have to own
$500 worth 0f property TO vote. 1t
makes no difference whether he has q
dollars worth or nos. If le or any of
his fOrefathcrS was a voter in 1867,
or If he can read and write he can
vote. Provided, only that he has paid
his poll tax II required by law to do
80.
Third. It does require a man to
pay poll tax. unless exempt by age or
for some other lawful cause The as
sertion. however, that old and indi-
gent men would be compelled TO pay
IL TO- u .,l, 81
The gold leaf., 1899-07-13
HOW WOULD II BE IN NEW
YORK.

Let us suppose that an amendment
Identical with ours should be submit
ted to the people of New York and
ratified hy them, and a case to test
It's constitutionality should be taken to
the Supreme Court and that court
should apply the rule of construction
rontrnird for, as above stated; what
would be the result?
New York has an enormous DoDu-
lIt!on; there are some negroes, but not
many, probably twenty-five or thirty
thousand negro voters in the State. \
large part of It's white population are
foreigners who have moved into that
State since 1861. \ large proportion
of this foreign element are utterly
ignorant and often dcpraved. There
are probably more than 10000 sucn
voters IN that State today.
Does any on" suppose that the court
looking At these We'll known facts con-
cernln- the population of New York
N'It1i say tAidL SUCH al HnltutneGt
was intended or had the effect OF Ge>
nyin@ or ahrid=ing the negroes right
70 vote "On account of race, color or
previous condition of Servitude:" on
The contrary. Wou.>, not the court and
every intelligent person see that for
every ignorant negro effected by the
amendment n any way there would
be from : 10 10 unplucated foreign
crS effected IN the same way. and
would not the court and every intelli-
gent person say that the amendment
WAS aimed AZ the ignorant foreign vo,,
of that State ana that though the no
gro WIS effected thereby in the same
way rs the fore. gner tue suffrage of
neither was denied or abridged "nn
account oi race. color or previous con
DIXON of serv.;ude." but On account OF
presumed untitneS> and mental and
moral drlinQu1 lre>. As Well as because
Of defective training and inadequate
rduration III the republican PRINCIPLES
of cif-govcrnMeut. and would not the
court hold that such an amendment
10 New IrrN'S constitution was not
only constitutional. but iuSt:
There are many States of the crea,
West which have TO Il large extent
been settled since the close of the civil
war. which. while having Il few Ne
The Burke County news., 1899-06-16
Growing Watercrc.s for Market

A good deal OF money may b. Sc
cured from many small streams where
Watcrcress either grows naturally or
could be made to do SO by iudicious
seeding and planting. The cress
seeds abundantlv after its season of
growth is over, and when u stream is
once stocked with it the growth of the
plant IS apt TO increase. In some
places gardeners have made artificial
beds which they have planted with
the cress, running from the stream
into little coves which can be easily
kept under water. The first cress Of
the season brings fancy prices at the
large hotels and restaurants. The
cress has sprightly spicy taste that
is almost universally liked, and it is
believed by many that it has medicinal
virtues that give it especial value az a
tonic to the stomach when it first
makes its appearance.
The Burke County news., 1899-06-16

ferent from the native bees. II 10
generally conceded that the italian
bees have more desirable Qualities
than any other race. and the exrert
breeder adopt, this race as a iounda:
ton 10 breed upon and thus improves
on the line OF certain qualities he
wishes 10 attain.
Many good points may be obtained
10 considerable degree III CAREFUL
breeding. namely, energy. prolific
ness. genileness, non-swarmiug, en-
durance. color, ETC. Some colonies of
bees are more energetic than Others,
and the result is they store a larger
surplus OF honey than others wher
the conditions are the same. Some
queens and strains of queens are more
prolific than others, and fill their
hives with brood and bees rapidly and
early. and are in the field with more
laborers when the honey season opens
and naturally store more honey. Tie
gentle bees allow themselves 10 bD
handled and manipulated in the hiya
without resistance, and a much better
The non n-swarmers continue 20 store
honey as long as they have place to
store it, and do not lose any time
swarming OF attempting to swarm il
the apiarist does his part Farm.
Field and Fireside.
The Burke County news., 1899-06-16
Cactus as n Sustenant.

Arabs find the cactus to be an eS-
traordinarily useful plant. They hnd
in it food and drink and also fodder
for their cattle and camels. The Arab
eats the figs and drinks the abundant
supply of juice in the feshy leaves.
The camels chew up eagerly what Is
left over.