The Caucasian. (Clinton, N.C.) 188?-1913, 1900-02-01

4
four and five OF the proposed amend
ment will either stand or fail roge-ner.
and tha: the Supreme Court does not
have the power n dealing with this
iques;ioa 10 segTegate the Questionable
or Unconstitutional part from that
which IS not in conflict with the Goa.
| syituIoa. This Is 81 erroneous itea
and in oa,her thsi thsre may be no
doubt about the question call a:teu.
ton u me following statement o!
Chief Justice Fuller in the inccme-tix
eases rsceIsly decided by the Supreme
/ Court of the United Sta-es:
I 1t is elementary that the sane
statute may De in part constitutions
and in part unconstitutional. and If the
parts ara wholly indePenden. Of each
other, that which is constitutional may
stand while thlk which Is unconstitu-
| tional will be rejected"
| This case viii be found in L. 5 Re
ports, page 6S5.
| | also CA attention 20 the case Of
Riggsbee VS.. Town CT Durham. 81 "
G.. page 500: Johnson ". Winslow. G3
y. c., page 55S.
The question then arises. does sec
ton four depend upon section five in
any respect for It's validity In other
words, is Il net complete within itsslf.
and dcsss il net give full expression to
the legislative VIII without referring
TO seattOn FIVE? | shall assume thai
the advocates O. the proposed amend
mert, if they should ever reach the
courts, will take the position that
there is no discrimination in the pro
posed amendment. and that therefore
/. -r.A- ., ha -
amendment.
They will lie compelled TO take this
position in order 10 obtain standing
in any court, and when they crce al
NIT that it was not the intention Oi
! the legislature to discriminate against
any 1aca o. people tae court will have
no difficulty in arriving a., the conclu-
sion that section four IS complete
within Itself, because it certainly pro
viies for that which the advocates OF
the proposed amendment say was the
object Of these who famed il. What
was the object- OF the Legislature II
there Wis To Liz,r;mina lion meant?
Was it not to restrict and qualify SUI
frage? Such bstng the case, does not
the fourth section restrig5 and quail
fy suffrage by requiring al the citi-
read and write the Constitution in the
English language and pay 4 poll tax
as a condition precedent to the right
to vote? Can there be any doubt as 10
the construction that the court Will
tplace upon the proposed amendment?
In addition to the dangers already
pointed out, there is another TO which
II desire 10 call attention. 1t viii he
observed by reading section five that
the last prcviso Vherotn contained
reads ais follows:
Provided such persons shall have
paid their poll tax as required by law
That is to say, the G.'aniatner
clause will net avail those citizens
who, in consequence of poverty and
misfortune, are unable 70 pay then poll
tax on or before the first o. March in
the year in which they propose to
vote, as provided in section four o. the
proposed amendment. Tbs cause, Ii
adopted. will dis5. l2TIchise many CT the
best people Of our SAFE. There are
hundreds CT good citizens TO BE- found
in every county OF North Carolina whu
DO net pay their poll tax promptly on
Or before the first day OF Marsh. owing
to some misfc1.unate ever which tney
have no control. 1t is only the rich
class CT people, and those who are en-
gagged in business in Ile towns and
cities, who can promptly pay Their poll
tax On or before the first Gay OF M&Ich
Of each election year.
/ am informed that the flamoTs of
the amendment, after they had IN
serted the educational qualification, be-
came alarmed leSls cur pocr people
should al learn to read AMI write, and
in order to render it more difficult Tor
that class OF people 10 exercise the
right OF suffrage il was provided tnat
they should not only he able TO Rad
and write any section o. the Conssltu-
ton in the English laTgUage, but II Is
ialso provided that they must pay their
lpoll tax on or before the 1at day OF
March. Why fix the 1st day c. Ma-cn?
And why was it that they failed to fix
the Cay CT election as the time on CT
before which citizens should be re
Toured to pay tileir Eoll YAK? Can 1t
he posstible that il occurred 10 gihem
that if more time was given OUT poe
ple it might enable them to realize On
tneir crops. or by hard labor earn
enough money and pay their Poll tax
and thereby qualify themselves ID eXer-
disc the right CT franchise?
In order that you may fully under
stand and appreciate the result OF the
proposed amendment it is necessary
for each citizen Of North Carolina 10
answer this question: How many men
lin YOUR voting precinct, il called up0h
lto-mCyrow to write any section OF the
lconEfitutton in the English language,
from dtctaision, would be able TO cor
Irectly write the same. and II they
Sh,ould succeed in doing 50. how many
are able to pay their tax promptly on
or before the 1st day CT March in each
election year?
During the late civil war there were
no properly or educational quaEhca-
tions required OF those who were called
pron to figh. for the Conieie- acy.
ipeitner were there any educ3tlcnal OF
property qualifications required OF tns
fr,ya and p4tri0t:c NcC11n Caro,ir
hoys who responded 50 ncbly 10 the
ir,ll CT the.r country during the war
wifl Srain. Many Of the brave boys
who faced the shot and Shell during
ahe Wa. win Spain were unable 10
. rad and wIite, ard am INFORMED
ittl3t an examination OF the muster
: rolls dis,loses the tact that not a
member IT the legislature W-licn SUD
fmitted the proposed amendment par
ticipated in that struggle. Ii IS not the
dr.t. time in history that an attempt
has been made by the rich end edu-
Gated to cast reflection upon the Hit
crate class
After the battle OF Cowpens the Bri-
.isya Officer. Tarleaon, in conversation
: ". n Mrs. Wiley Jones, OF North Caro-
ilira. observed: You appear to think
very highly OF Colonel Washington;
All vet have been told that he Is 50
ignorant a fellow that ne can hardly
) write his own name" .'It may be the
case she readily replied, out no man
he.t5er than yourself. Colonel, can tes-
sify that he knows how to make his
nzrk." Il was il the battle OF Cow
pens that Colonel Washington had
! In tho hand and