The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-03-06
The @essenger.
STAND OR FALL TOGETHER.

A specious plea of the conspirators
is that one part of the proposed amend
ment may stand Will another part
shan be wiped out by the courts as un-
constitutional. That is in all of their
mouths. 1t is believed by able lawyers
who have studied the subject that the
franchise amendment must stand or
fall as a whole. They are all a part of
one perfect scheme of franchise.
Judge Cooley, of Michigan, now de-
ceased, was a recognized very high au-
thority in constitutional law. He Will
be remembered and quoted with adj
miration when EdmondS and Pritchard
and that very great Sampson constitu-
tional interpreter, the illustrious But
Ter, will have been as completely for
gotten as the men who persisted jim the
deserts. Judge Cooley in his work on
constitutional Limitations" holds
this:
Where, therefore, a part of a statute
is unconstitutional, that fact does not
authorize the courts to declare the re-
mainder void also, unless all the pro-
visions are connected in subject mat
ter, depending on each other, operat-
ing together for the same purpose, OIL
otherwise so connected together in
meaning that it can not be presumed
the legislature would have passed the
n without the other.
THE constitutional and unconStitu-
tional provisions may even be contain
ed in the same section and yet be per-
fectly distinct and separate, so that the
first may stand though the last fall. The
point is not whether they are contain
ed in the same section, for the distri-
button into sections is purely artificial,
but whether they are essentially and
inseparably connected in substance. If,
when the constitutional portion is
stricken out, that which remains is
complete in itself and capable of being
in accordance with the apparent legis-
lative intent, wholly independent OF
that which was rejected, 1t must be
sustained"
Senator Money quoting this in his
very effective and instructive speech
in the senate in reply to Jeter P, states
that the eminent jurist used in this
matter the very language of the de-
ciSion in the case of Commonwealth
VS.. Hitchings, decided in 5 Gray, the
supreme court of the state of Massa-
chusetts."
There are other authorities and opin-
ions to be found that would satisfy all
men who are not so immenely learned
and able in the law as are Tennessee
Pritchard and Sampson Butler, twins
in greatness and renown. We now make
a longer extract from the Mississippi
senator:
"All that 1 have read from Cooley |
is literally quoted from decisions made
in ) Gray, case of Commonwealth VS..
Hutchings, 4S5; Eels VS.. People g ILL.,, |
512); Robinson VS.. Bidwell (22 Cal, |
379), and quite a number of cases.
Cooley continues:
But if it's purpose is to accomplish
a single object only, and some of it's
provisions are void, the whole must
fail unless sufficient remains to effect
h object without the aid of the in
valid portion.
Nov, Mr.. President, l submit that
nothing can be clearer than this. That
is k from the case of Santo VS..
State g Iowa, 1859.
In other words, the senator from
North Carolina bases his argument
upon the conclusion in his mind that
if the fifth section, January 1, 1867, Oh
prior to that time etc, shall be de-
clared unconstitutional, the balance
will stand, and, as | said. that there
fore those confederate soldiers children
win be deprived of the right to vote,
because they would be put in the class
with other i~lliterates. | think,
from his author, who IS admitted to
be one of the best upon constitutional
law and who here in writing does not
give his own language, but the Ian
guage in every instance of the court
itself, L have shown conclusively that
if the legislature of North Carolina in
tended hat all these sections should
go together and be a part of one gen.
eral plan of suffrage, when one falls
to the ground the others must fall.
too"
1t is understood that when the leg
islature meets in June next the amend
ment will be so changed as to make
the whole stand or fall together. That
will spike nicely the brass guns of the
enemy.