Evening star., 1899-04-12
WARNED OF BREAKERS
North Carolina Democrats Receive Informa-
tion Of Disquieting Nature.
Proposed Amendment to Constitution
yOters-GOv. Russell's Position.
Special Dispatch to The Evening Star.

| Special Dispatch to The Evening Star.
RALEIGH N. c.. April 12.~The demo-
| cratic managers in North Carolina have
| received Information which causes them to
believe they are not to have an easy time
| in getting adopted the amendment TO the
| state constitution devised by the majority
| in the last Legislature. and which is aime'l
| to keep the democrats in control of the af-
| fairs of the state for all time to come.
| One of the most prominent democrats in
the state said to The Stars correspondent:
| We understand there is movement on
| foot to have the constitutionality of the pro-
posed amendment settled by the courts al
| an early date-that is, the constitutionality
| of the grandfather clause, the other sec
| tons being clearly constitutional BY all
| means let this be done. Shrouded in un-
| certainty as the question is at this time. the
| people are not prepared to say whether or
not they will support the amendment The
| people should know for what they are 10
| vote. Rather than take risks thousands viii
vote against the amendment.
| Another prominent man said: Referring
| to the proposed constitutional amendment,
| which is to be voted upon by the people of
| this state on the first Thursday of August,
| 19o0 a number of lawyers have been in
| veStigating the question of how to get the
! constitutionality of the amendment before
| the United States court in advance of the
| approval or rejection by the people at the
polls. Governor Russell takes great inter
! est in this question. He is easily one of the
| best lawyers in the state, and he gives it
| as his opinion that the proper remedy is by
! filing what is known among lawyers as "A
| bill in equity in the circuit court of the
| United States, and to ask for a perpetual
| Injunction against the secretary of state
| and other election officers TO restrain them
| from submitting the proposed amendment
| to a vote of the people on the distinct
| ground that section violates the fifteenth
amendment to the United States Constitu-
| ton.
Effect of IDjunetions.
| "Gov. Russell Is well aware that the
| courts have frequently held against issuing
| irjunctions to prevent d popular election.
| These cases went off upon the doctrine
| that there was some sort of legal remedy
| that might be resorted to instead Of the
| equitable remedy. That is, that the Law
would allow the election to he held and
| then try the title to the office in contest
| between the persons claiming to be elect
| ed But Gov. Russell intimates that, in
| recent years, the federal courts of equity
| have so far extended their jurisdiction as
| to almost abolish the old rule that equity
| would not interfere when there was good
remedy in the law courts. He says the fed
| eral equity courts will now entertain any
complaint which makes case for relief,
1 unless it is apparent that the plaintiff can
| obtain a complete remedy in the law courts
| in every particular. He says it can be
| clearly shown THAI there is no remedy in
| except by suits in equity in the United
| States courts
| "As to the jurisdiction of the court, 1t
| is claimed there can be no question, be-
| cause it is now settled that the court will
! take jurisdiction to try any constitutional
| question that is raised by a state law
| which the party plaintiff claims to be in
violation of the constitution and affecting
| his substantial rights In all such cases
| the federal courts take jurisdiction without
| regard to the residence of the parties TO
| the suit.
'It is reported that Governor Russell fur
| ther sees that there is nothing unanswer-
! able in the point that the courts cannot
| issue an interlocutory injunction, because
| that might prevent the election and the
| courts might afterward hold that the cleo
| ton ought to be held. This might be a
| good reason for the refusal of an interlo-
| cutory injunction, but it is no reason for
| the refusal of a final injunction.
Rule Relaxed.
1.-The rule concerning the granting of in
| functions has been very much relaxed by
| the courts during the last ten years. Ac-
cording to the old practice. injunctive relief
| was not granted until the wrong sought to
be prevented was being carried out. or
| some overt act was committed but now
the practice Is to prevent. and not to cure.
| This principe has been invoked by the
united states courts to prevent strikes and
other expected alleged wrongs. Governor
Russell argues that here is a proposed con-
| stitutional amendment which is clearly un-
constitutional, for the reason herein stated
and that to permit it to be voted upon and
perhaps approved by ajority of the peo-
pie VIII be to perpetrate a great wrong on
the people, and therefore preventive Justice
ought to be invoked in order to avert and
forbid a palpable violation of the Consti-
| tuition of the United States In connection
with this plan a question of policy and ex-
pediency occupies a large place If section
is constitutional, and a decision to this
erect VIII not impair the validity of the
other sections, then section will be put
into force Immediately, thus establishing
the educational and poll tax qualification.
Governor Russell was asked his opinion
upon the point as to whether the amend
ments must stand or fall altogether but
as to that he declined to express an opinion.
There are more white men, it is UNDER
stood, in the state who cannot read and
write than there are negroes. If section :
Is struck down and the rest of the amend
ment allowed to stand, the disfranchise-
ment will be more against the whites than
against the colored. If this fact can he
made plain to the white voters they will
crush out the amendment. The question
therefore, TO be decided by the opponents
OF the amendment is whether il is best To
go INTO the courts as soon as possible or
to wait and undertake TO destroy the demo-
cratic party by making the amendment the
paramount issue in the campaign which is
now virtually opened and under way If
the whole amendment should be declared
unconstitutional and void, this would re-
move 1t as a political issue, and every DEM
ocrat1c leader would swear that he had al |
ways been opposed to it, and that he was
g!ad 1t had been destroyed. There will be |
a conference of leaders very soon TO deter
mine upon the policy to be pursued"
-S