The Caucasian. (Clinton, N.C.) 188?-1913, 1900-04-12
senator SIEVART'S OPINION.
The Only Senator Who Was in the Senate
When the Fifteenth Amendment
Was Adopted,

men and their descendants VINO
might have voted under the
laws OF 1857. The reference to
he law OF 1867 in the proposed
constitution is an admission that a
subterfuge Is necessary to confer suf-
rage upon illiterate whites and their
descendants and deny it to all ilhterate
blacks. A plain declaration which
would accomplish what is sought to be
accomplished by the circuitous method
0f revlving the laws of 1867 would be
N direct conflict with the Fifteenth
Amendment. The adoption of an indi-
.ect method to do what could not have
oeen accomplished in plain and un-
quivocal language ignores the princi-
,Jie that the law cannot be evaded by
Indirect method any more than 1t ca.l
Je evaded by express language. The
proposed constitution is manifestly re-
| Jugnant 20 the Fifteenth Amendment
md void.
| In answer to your second question as
| to whether a decision of the court de-
;laring Section 5, which we have dis
aussed, unconstitutional, would make
| he whole proposed amendment to the
constitution unconstitutional, nave to
| lay that the rule of law is that where
/ single object is sought to be accom-
llished by a statute or constitution,
he unconstitutionality Of any proyis-
on necessary to the accomplishment Of
hat object destroys the whole law;
out wher ther are two Or more dis
,inct, Independent and separate OBJ
,ects sought to be accomplished by a
constitution or a statute, the invalid
.ly or unconstitutionality of provisions
relating to any one Of such objects does
aot affect the validity of the other OBJ
jects sought to be accomplished.
The Fourth Section of the proposet
constitution reads as follows:
Section 4. Every person presenting
himself for registration shall be abl'
20 read and write any section of th'
Constitution in the English language
md before he shall be entitled to vot
lie shall have paid, on or before the Is
lay of March of the year in which h
proposes to vote, his poll tax, as pre-
5cribed by law, for the previous year
P POLL taxes shall be lien only on as
L | oh a
n ssue to enforce the collection of tn
g ,ame except against assessed property
! This section provides a general an
!, inform law making the ability to rea
: md write prerequisite to the right
d 5ote. Section ), which we have dis
{ sussed, also has a single, independer
5, md distinct object. 1t seeks to reliev
h white men who are illiterate from tt
y disability imposed in Section 4.
IS will hardly be contended that an il
n .ependent section which attempts
o an unconstitutional thing can affe
4 section which, standing alone, is III
II doubtedly constitutional. complete al
d, operative in itself.
10 The failure of an unconstitutional a
l. tempt to limit the operation of Sectit
lie will no more affect it's constitutions
lg ty than the unconstitutionality of Z;
10 independent section in law again
H. trespass exempting from its operatio
On all men with blue eyes would destr
ne the general law. The court would fl
he the law from the unconstitutional 81
tion upon which the body of the /;
ne was in no way dependent. In the PR
x ent case If the amendment to the &C
elk stitution shall be adopted, the CO,
nd will free such amendment from Secti
on 5, which is clearly in violation of t
ie- 18th amendment and leave the otf
ler pl in, independent and uniform prov
be ions, all of which are in harmony W
-. the Fifteenth Amendment, to stand
a part of the Constitution of No
ch Carolina. Yours truly,
ite WILLIAM M. STEWART