The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1900-04-03
s.Bnt il it's purpose is to accomplish

I provisions are VOIo, the WnOIo "0
fail unless suh ,ient remains to eHect
the Obi ct without the aid OF the IN
valid portion. And If they are go mu
tnaIlv connected with and dependent
on each other. as conditions c%onsidera
tions or com pensations for each other,
as to warrant the belief that the legis
letry q intended them as a whole, and,
if all could not be carried into effect,
the legislature would not pass b resi-
due Independently; then il some parts
| are unconstitutional, all the provisions
which are thus dependent, conditional,
or connected must fall with them"
The sum and substance of this aTgu
ment, es the reader will readily see, is
this: A section of a statute cannot De
| declared Unconstitutional without an
nulling the remaining sections, unless
that section is independent OF, or no5
connected in subject matter with,
other sections. As, Judge Cooley, az
a conclusion Of the whole matter. after
stating it as a general rule that an I'M
constitutional section may fall leaving
constitutional sections standing, gives
these notable exceptions: :
cases where it is evident that, from a
contemplation of the statute and the
purpose to be accomplished by it, that
it wc uld not have been passed at all
ercept as an entirety and that the
general purpose Of the legislature will
oe defeated if it shall be he'd vaiid.R
so some cases and void as to others"
A nan with half an eye. it ccurs
to us, can see that this exception
amply cover the case of the proposed
amendment. II it be passed by the
popular vote, it will be passed as an
entirety, and with it as a matter
of common knowledge that it could
not have been passed without a pro
vision exempting illitsrate whites now
Of age, and that to hold it void and
Section 4 valid would defeat the gen
erel purpose" OF the people.
So that were Section 5 unconstitution
al all the sections Oeing TO quote Judge
Cooley, connected in subject mat
ter, dependent on each otaer, operat
ing togt ther for the same purpose all
would stand or fall together.
The arguments to the contrary by
Senators E Imunds, Allen and Petit
grew are based upon the mistaken as
sumption that the sole purpose OF the
people, should they adopt the amend.
ment, would be the establishment Of
an educational GIalIfca ion, whereas,
their purpose ouId be to Ies riot the
right OF suffrage to the educated and
to such illiterates as they consider by
long training, etc., qualified to vote
mel igently. To make the amend
ment require a simple educational
u8lifi ;aClon and exclude these litter,
aGes would defeat their general pur
pose"
The view of the case which we have
maIntained in this article fnds conhr
matt, n in numerous court reports and
legal arguments, From the mass OF
testimony that might be cited to sus-
tain our contention, we select but one,
that OF a very Re cent case parallel with
Gnat we are considering. Only about
twO months agO-on January 28gh.
1900, to be exact, Judge Kohlsaat of
the United States Circuit Court, in
considering the Illinois anti trust law,
the ninth section of which exempted a
certain class from the provisions of
the remaining sections, Gust as Sec
ton 5 of the amendment exempts a
class of voters, whites, from the pro
visions of Sections ~ handed down
this opinion:
"It is urged that, granting the IN
constitu5ionality of said ninth clause
yet it may be declared void without
afecting the validity of the remB ming
clauses Of said act. If this were so,
then Oy declaring said clause void, the
courts would make the act binding
upon those CLASSES of per sons within
tie State which the legislature had
specially exempted from It's provisions.
Tnis would be Judicial legislation of
The most h3granE charaettr r. In my
opinion the said clause 9 taiuts the
whole act and renders it all void"
This case, as anyone can eee, in
wolves the same identical principle as
that thai the court would have before
it in considering the interdependency
OF sections OF che proposed amendment
And the courts would be compelled to
declare, as in the case just cited, that
by declaring the grandfather CLAUSE
void. .ttha nnf1rta wnnl6 make the at ]