The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-05-14
THE SPEECH OF
GEORGE ROUN1REE
Continued From Third Page.)

after set forth: and, except as above pro
vided, no male person shall have his
name entered upon the list of voters. or
have the right to vote, except that no
person who is prevented from reading
or writing as aforesaid, by a physical
disability, or who had the right 10 vote
on the first day of May in the year one
thousand eight hundred and fifty seven.
shall, If otherwise qualified, he deprived
=, of the right to vote. by reason OF not
/ being able so to read or WRITE
| Manifestly this law is essentially sim
| liar to the one now proposed by your
committee. The exception in the Nassa-
chusetts law is evidently directed against
illiterate and incompetent Immigrants.
whereas this is directed against Hitter
ate and incompetent negroes and for
eigners. If the one is repugnant to the
Fifteenth Amendment, the other is for
it is well known that while the urinary
purpose of that Amendment was 10 Sc
cure to the negro the right of suffrage il
is equally applicable to all other races
who may become citizens by naturaliza-
ton.
There is one other difference, and it is
this, that in the Massachusetts law the
exception is confined to the individuals
themselves who voted on the first (ay OF
May, 1857. whereas in this Amendment
1T is extended to the descendants of those
individuals. This we do not regard as
material, because the exception in either
ease can only be sustained upon the
ground that it is reasonable: that it
meets present conditions; THAT it excerpts
only those who are now known to be
capable of voting intelligently, of which
the Legislature is the proper judge.
The State of Rhode Island also has an
exception directed against Immigrants.
Its flaws provide, and have long provid-
ed, that no foreign-born citizen shall vote
without possessing property to the
amount of S134 A rather fragrant case.
Suppose. however this Amendment
should be declared by the highest tribunal
TO be invalid. we would be in no worse
condition than we are now, and we would
have the proud consciousness of having
tried in a straightforward and Just man
ner to solve the problem of Il huge un-
intelligent vote.
But it has been suggested that tine SUI
preme Court might declare section ; of
the Amendment-the excepriion-void.
leaving section in full force and opera
tion; and that that would dfsfranchse Il
great many of our best citizens.
Your committee. Sir, did not think
this suggestion worthy of serious consid-
GRAFTON.
The general rule is that if one por-
ton of a law is unconstitutional the
whole law lis void; but there is an excep-
ton ITO this rule, and it is this if the void
part is SO intependent--so disconnected
in subject-matter, in idea-with the re-
mainder as ITO leave no room for doubt
that the Legislature would have passed
the law without the void part. then the
court will sustain that portion which is
not unconstitutional while striking down
the other.
Judge Cooley expresses the rule in this
way:
IF a statute attempts to accomplish
two or more objects, and is void as to
one, it may still be i'll every respect com
plete and valid as to the other. Butt if
its purpose is TO accomplish ., single OBJ
ject only, and some of its provisions are
void, the whole must fail unless sufficient
remains to effect the object without the
aid of the invalid portion
~ L
the Court say: 'Where the court can jul
dicially see that the Legislature only in
tended the statute to be enforced in its
entirety, and that by rejecting part the
general purpose of the statute would be
defeated, the court, if compelled to de-
feat the main purpose of the statute,
will not strive to save any part
In Darby VS.. Wilmington, 76 Y. c..
1873, the Court say: although a statute
may be unconstitutional in part, and
constitutional in part, yet where only one
object is aimed at and the same is un-
constitutional and all the provisions are
contributory to it and world not have
been enacted but for the main object, the
whole statute is void"
1t is too clear for argument that this
Amendment contains a single plan, a
scheme, of so limiting the suffrage as