The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1900-04-03
MUST STAND OR FALL AS A
WHOLE.


A correspondent asks: fare you
still of the opinion expressed by you
last year that if the courts should de
clare Section S of the grandfather
clause Of the proposed Constitutional
amendment unconstitutional that the
whole amendment would be unvRli-
dated-in other words, that all the sec
| tons stand or fall together3'
In reply, will say hat we still hold
that opinion. In facs. we are more
firmly convinced OF it's c9rrectness
than at the time cur editorial announc
ing this view wss written. AS every
one knows it the grandfather clause
of the proposed amendment is G
stitugional, il is so because OF o hict
with the Fifteenth amendment 20 the
Constitution OF the United States,
That amendment reads as follows:
The right OF citizens of the United
States to vote shall not be denied or.
abridged by the United States, or by
any State, on account of race, color, or
previous condition Of servilu le."
Toe important question is, there
fore, docs Section 8 Of the amend
ment, which contains the grandfather
clause, deny or abridge The right Of
city ans to vote on account of race,
color, or previous condition of servi
tude7'" An examination will show
conclusively that it does nothing OF
the kind. On the contrary, this sec
ton is for the purpose, not Of denying,
but of granting, to a certain clbs 80 of
persons, the right of suffrage denied
them by Section 4 Hence, it does not
Of itself coLflct with the Fifteenth
amendment. Nor is Section 4 It itself
unconstitutional. A moments thought
will convince any right thiL king man
that it is only by considering the
amendment as q whole that 1t can pos
slbly be considered In conflict with the
Fifteenth amendment to cur n 4Cional
Constitution. Let US repeat for the s Ike,
of emphasis: No one will for a moment
atte mpt to maintain that Section 5 or
the grandfather clause of itself denies
or abridges" the right of any citizen to
vote on account Of race, color, prevI
GUS condition Of servitude, or for any
other cause. Therefore. it, taken alone.
cannot obstruct the operation of the
Fifteenth amendment This being so.
the court in considering the cOnstitu
Cionality OF the grandfather clause,
must consider it in it's relation TO Sec
ton 4-in connection with that clause;
thai is, as one link OF a chain, which,
being broken, all falls. In other words,
it nat 81 consider the amendment as a
whole, aud if Section 5 be uncoL stitu
tional, q tclare it, as a whole, unconsti
tutionel and void.
But" asks some one, ''have you
read the arguments Of those who hold
that thesections would not fall toRether9
And haven't Senators Allen, Etmunds
and Pet tigrew declared that the grand
father clause may fall without inveli
dating the other s%ectiops3 And doesn't
the principle laid down by the re
noWned jurist, Judge Cooley, in his
Statutes Unconstitutional in part ,
show that such would be the case7"
Yes, we have read the speeches re-
ferred to and the views Of all 1.-The
Senators that have given out opinions
regarding the amendment. We have
also carefully studied Judge Cooley's
views on the subiao in baud Except
ing ex .mplas gwen to illustrate his
points, the principal part of the opin-
ion of Judge Cooley lie given in full
herewith:
1T will sometimes be found that an
act Of the Legislature is opposed in some
of it's provisions to the Constitution,
while others, standing by themselves,
would be unobj sctionable. So tho
forms observed in passing it may be
sufficient for some OF the purposes
sought to be accomplished by it. but |
insu mcient for others. In any such
case the portion which c5rfcts with
the Constitution, OF in regard TO which
che necessary conditions ha We not been
observed must be tt eatea as a nudity.
Whether the other parts Of the statute
must also be al Judged void because of
the association must depend pom a
consideration OF the OH CT of the law,
and in what manner and to what *
tent the unconstitutional portion affects
the remainder.
"a statute, it has been said, is judi
cially held to De uneonsti u sionaI be
cause IL is not within the scope OF legis-
authority. It may either pro
Dosa Tn acnouo DbISh copoothipO v>rohih /