The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-02-11

prior thereto" and / will show before
get through that he puts his argument
upon the fact that there are no such
words in the proposed constitutional
amendment. We shall see. Mr.. PreSi-
dent, am laboring under a physical diff
tic1lty that | can not very we'll get over
just now.
Mr.. Pritchard. If / can be OF any as
sistance to the Senator | shall be glad TO
fund for him what he wants.
Mr.. Money. | want the language of
the court in the case of Villains.
Mr.. Pritcha11l. | viii find it for the
Senator.
Mr.. Money. While my friend is finding
the quotation for me, want to mention
for moment one of the arguments made
by the Senator from North Carolina One
of his quotations is as follows
That each of the States of North Car
DINA, South Carolina, Louisiana, Georgia.
Alabama, and Florida shall be entitled
to representation in Congress as a State
Of the Union when the legislature of such
State shall have duly ratified the amend
ment of the Constitution of the United
States proposed by the Thirty-ninth Con-
greSS and known as Article NV. upon
the following fundamental conditions:
That the Constitution Of neither Of the
said States shall ever be so amended
or changed as to deprive any citizen on
class of citizens of the nited States Of
a right 10 vote in said State"
AS TO STATE "PLEDGES.
/ suppose every lawyer knows that
whatever may be put upon a State to
ena Bile it to enter the Union, vet when a
State has been admitted she is the peer
of amy other State there. and that she
can act without any regard whatever to
that restricting provision and has power
to do what any other State can do. The
Supreme court has said. and the Presi-
dent of the United States during the
progress of the reconstruction measures
said, that no State had ever been out of
the Union at all. and therefore she need
not, so far as the power to ch;rnge her
constitution as she pleased was concerned,
within the inhibition of the fourteenth
and fifteen amendments. make any
pledge whatever. AS matter of fact,
there was an intense anxiety throughout
the Southern States as to what was 10
be the fate of those States We did not
know what sort of government we Were
going to have, and the people were will
IlS W dCtt'IEl ditiloSt any SOFI pI FGllul-
tons in order. not to enter the Union
again. but TO resume Federal relations. y
The Senator from North Carolina en-
deavors to make a point ON section 1 OF
the proposed constitutional amendment
which reads as follows:
Sec. 4. Every person presenting himself
for registration shall be able to read
and write any section of the constitution
in the English language: and before he
shall be entitled to vote shall have paid.
on or before the 1St day of March of
the year in which he proposes 10 vo...
his poll tax, as prescribed by law, for the
previous year.
THE EDUCATIONAL QUALIFICA-
TTON.
Well, Mr.. President, several States OF
this Union have prescribed an educational
qualification. and it can not be said that
that violates the fifteenth amendment to
the Constitution, because the Senator adj
mits that there are 10000 negro voters
in his State who can read and write. So
there is no discrimination pointed out
there. as has been said in the decision
he has now before him in the case from
Mississippi. The Supreme Court said
that the convention of Mississippi had
swept the whole field of expdients to
find something that would restrict the
right of suffrage: and as they could not
find power under the fifteenth amendment
to discriminate against the negro, they
Disseminated against his chara cteristics
They did so. Mr. President. not as my
friend Thinks to maintain the Democracy
dominant, but to maintain a civilization
that is dependent very largely upon the
Democratic party being in control. If
10000 negroes in the State of North
Carolina can read and write, then where
is the discrimination in the illiteracy
clause?
Now, the Senator from North Carolina
sSumes that if part of this constitutional
mendment shall be declared unconstitu-
onal that part does not carry the re.
rainder with it, and he cites from a de-
ision of Justice Matthews. | should
Ike to find that case
Mr.. Pritchard- l think you win find
in 1913 United States.
Mr.. Money. One hundred and fifty
light United States. / have the ease
ere, / suppose. 1t is the case of Pollock
$. Farmers Loan and Trust Company,
noting from Sprague VS.. Thompson l1Sl
:. s., 90. 95)
The ins,rperablc difficulty with the ap-
fication of that principle Of construction
the present instance is. that by reject
lg the exceptions intended by the legis-
allure of Georgia the statute is made
o enact what confessedly the legislature
lever meant. 1t confers upon the statute
positive operation beyond the Legislative |
intent. and beyond what any one can say
would have enacted in view of the lille |
cality of the exceptions.
THE INCOME TAN CASE.
Then, again, the court says:
We do not mean to say that an act lay
'ng by apportionnent direct tax OH all |
real estate and personal prop
rrty, or the income thereof, might not
also lay excise taxes on business, priyi-
eyes. employments. and vocations But
his is not such an act, and the scheme
must be considered as whole. Being
Invalid as to the greater part. and falling,
Is the tax would. if any part were held
ralid, in direction which could not have
been contemplated except iii connection
with the taxation considered as an en-.
entirety, We are constrained to conclude
hat sections 81 to 81. inclusive, of the
lct which became a law without the
signature of the President ON August