The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-07
THE CONSTITUTIONAL AMEND
MENT-MAJ. GUTHRIE'S
OPINION.

OHlNlON.
THE Constitution Of the United States
!. after all deductions :.
ranks above every other written Consti-
tuition for the intrinsic excellence of its
scheme, its adoption to the circumstances
of the people, the simplicity, breyi'y
and precision of its language, its judi
cious mixture of definiteness in principle,
with elasticity in details" Bryce.
We print elsewhere today the full text
of constitutional argument by Maj.
William a. Guthrie on the proposed
amendment to the Constitution of North
Carolina. Maj. Guthrie ranks with the
ablest lawyers in the State. His ma
ture opinion upon any legal question
would have weight with any court. He
came to the consideration and investiga-
ton of the constitutionality of the pro-
posed amendment without any prejudice
for or against it, and was prompted to
the investigation solely by desire to
satisfy himself as to its constitutional
ty. Like the honest and fair-minded
lawyer that he is, when he finds the
truth be follows it to its logical conclu-
sion
In preface to his opinion, for Maj.
Guthrie has printed it in the form of a
pamphlet for circulation among his law
yer friends, Maj. Guthrie says:
Prompted by "a desire to be able to give
to those who have inquired of me in per-
son and by letters what my opinion
might be as to the constitutionality of
the proposed Amendment to the C,.nsti
tuition of North Carolina, an opinion
which is at least satisfactory to myself.
have undertaken to investigate the sub
ject and have tried to give to it the best
thought Of which am capable, and the
calm and dispassionate consideration
which its momentous Importance ;usti-
fies.
Without any definite preconeeiyed opin-
ion beforehand, my investigation of the
subject has led me to the irresistible
conclusion that the proposed Amend
ment, if adopted, wOn'1 not be in con
fiict with the Constitution OF the I'M
ted States; and further, that even if the
9TH Section (which is the controvcrteJ
one) were unconstitutional, and should
be SO declared by the courts, the amend
ment in its entirety is so constructed
that it would have to stand or fall as
whole. The reasons for my conclusions
are set forth in the following article,
which / have written for publication in
answer to the foregoing inquiries.
AS to the State policy of adopting the
Constitutional Amendment
am fully convinced, by thirty years past
observation and familiarity with cur
rent political eventsaand present politi-
cal conditions in North Carolina, that
the future progressgand material t:cvel-
opment, lasting peace and good order
of society, prosperity and happiness of
all races, and classes of citizens. nclud-
ing men, women and children within
our State, would be- promoted BY the
adoption of the proposed Amendment,
and so believing, with the lights before
me, | shall feel it a patriotic duty to
vote at the next election in favor of the
proposed Amendment, and | hope to see
at least majority of the voters of the
State take the same view of The mat
ter
The opinion by Maj. Guthrie is not on
~ very able one, enforcing the argu-
ments made in the General Assembly i'm
favor of the constitutionality of the
amendment, but is also full of originali-
ty. The analogy of the naturalization
laws and the denial of suffrage to the
Chinese are clear and convincing proofs
of the constitutionality of section FIVE,
and Maj. Guthrie has put them with
lucidity and strength.
The only point made against the
amendment that would have any ten
dency to prevent its ratification was
that if it should be adopted, and the
fifth amendment should be declared I'M
constitutional, it would put pure edu-
cational qualification in force. 1t was
well that Maj. Guthrie considered that
suggestion. The legislators gave it con-
sderation and unanimously Needed that
the amendment must stand pr fall as a
whole. Maj. Guthrie reaches the same
conclusion and cites authority to sustain
the position. In the face OF the legal
opinion of all the legislators, iaj Guth-
ries clear exposition and this authorities
that sustain thew, those who were pre-
pairing to oppose the Amendment upon
that ground will see that such contention
will have nothing to stand upon.
Maj. Guthrie has done the State signal