The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-10-31
CONSPIRACY CASES
WILL NOT Be TRIED
Their Continuance Means
Their Death
NO STANDING IN COURT
Why They Were Continued Instead
Of Dismissed.
coUR DECISIONS GOVERNING SUCH CASES
Commissioner Nichols Will Probably Write Gut
His Opinion in the Case Between New
and November 9th. II Can be De-
cided in Only One Way.
(Staf Correspondence

Smithfeld, N. G., Oct. 30.-Continu-
ance of the election conspiracy cases,
which came up for trial here yesterday.
means that the prosecution has failed.
Though the cases are. set for trial
on November Sth, they will never be
tried-certainly not in a Federal
court, for Federal court has no iuris-
diction of them.
In conversation after the trial. Com
mssioners Nichols and Parker prac-
tlcally admitted this. But" added
Mr.. Nichols, there is such a crowd
here, and so mucn feeling has been
aroused over the cases that if we were
to dismiss them now l fear there would
be an unseemly demonstration and
possibly some violence offered. Hence
we deem it advisable to post
pone our decision; and besides, we
want time to look more fully into the
law governing the cases"
As has already been stated, the in
dictments are for violation of sections
5507 and 55OS of the Revised Statutes
of the United States, which read as
follows:
Section 5507. Every person who prevents,
hinders, controls, or intimidates another
from exercising the right of suffrage, to
whom that right is guaranteed by the
Fifteenth amendment to the Constitution
of the United States, by means of bribery
or threats of violence to himself
or family, shall be punished as provided
in the preceding section.
Section 550S. IL two or more persons
conspire to injure, Cypress, threaten, or
intimidate any citizen in the free exercise
or enjoyment of any right or privilege Sc
cured to him by the Constitution of the
United States. or because of his having
SO exercised the same; OF if two or more
persons go in disguise on the highway,
or in the premises of another, with in
tent to prevent or hinder his free exercise
or enjoyment of any right or privilege so
secured, they shall be fined not more
than $4,000, and Imprisoned not more than
ten years, and shall, moreover, be there
after ineligible to any office or place of
honor, profit. or trust created by the Con-
stitution or laws of the United States.
The right to vote is not conferred
by the Constitution of the United
States. 1t can only be conferred upon
the citizen by his State, but when it
is so conferred the Fifteenth amend
ment to the Constitution of the United
States says.
Section /. The right of citizens of the
United States to vote shall not be denied
or abridged by the United States, nor by
any State on account of race, color or
previous condition of servitude.
Section 2. The Congress shall have
power to enforce this article by appropri-
ate legislation.
Up to this point both sides agreed,
and here they separated The prose-
cution contended:
1. That the Fifteenth amendment guar
antees to every man who is entitled to
vote, protection in that right, whatever
his race, color or previous condition of
servitude; which means that it applies
to whites, blacks, Mongolians, etc.
2. That Congress enacted sections 5507
and 55OS to enforce that right.
This position the defense cOmbatted,
contending:
1. That the Fifteenth amendment guar
antees protection in the right to vote
only to those who are denied it on ac-
count of race. color or previous condition
of servitude, which means that it applies
only to negroes.
2. That the right to vote being State
right, conferred only by the State Consti-
tuition the remedy for it's infringement
must be sought in the State courts, and
not in a Federal court.
Here then, in a word, was the ques-
ton at issue, and presented to the
court for decisions:
All the compliments being white men
could they go into the Federal court and
claim protection under the Fifteenth
amendment to the Constitution of the
United States, which says voter shall
not be Disseminated against ION account
of race, color, or previous condition of
servitude.'
The prosecution said they could;
the defendant said they could not.
Now the law governing these cases
is found in what is. known as the