The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-11-24
LOOKING TO THE COURTS.

1t begins to look like the Republi-
cans are going to look to the courts
instead of Congress to help them an
nul the constitutional amendment in
the Southern States that restrict ne
gro suffrage. We quote the following
from yesterdays Saturday Evening
Star:
Senator McComas, of Maryland, gave
to a Star reporter today his views on
prospective legislation during the coming
session of Congress, with especial refer
ence to the subject of reapportionment
and the proposition to decrease the num-
Der of representatives from the South.
He said:
Il am informed that the House will
pass a reapportionment bill. | hope that
this measure may increase the unit of
representation, rather than the number
of members. It is better to have one
member for every 100000 people than to
have a large increase in the membership
of the House. l do not expect any leg
islation respecting the suppression OF
the governed in the four Southern States,
that is, Mississippi, Louisiana, North
Carolina and South Carolina.
From the standpoint of the white Dem
ocrat, it is not fair that one white Dem
ocrat in South Carolina or Louisiana
should count two, as against white
Democrat in Illinois, who counts but one
No matter is settled until it is settled
right and this subject would no doubt
provoke much discussion.
ct would seem wise to await the de-
cison of the Supreme Court of the Uni
ted States, which must pass upon the
grandfather clause of the Constitutional
Amendments adopted in Louisiana and
North Carolina, before any action is
taken 1t is safe to assume that the SUI
preme Court will shed some light on this
subject, and we will thus be furnished
with far more information than could be
brought out in general discussion at this
time. think it wise for the country and
best for the country that there should be
no long and heated discussions over the
apportionment or diminished representa-
tion bills in this a very short and crowded
session. Should the Supreme Court de-
eide that the grandfather clause is IN
constitutional, then this movement to
suppress suffrage in the black belt may
fall to the ground. The race question is
a large questio for the Southern peo-
pie, and l fear they have been short
sighted about it. The slave has become
a citizen, and they will not solve the
problem by degrading the citizen to the
level of serf.
ct may be difficult to do, but it may
be a better plan to try to improve the
negro. However, the reapportionment bill
may well omit all consideration of this
question, ard Congress, perhaps, may
await the decision of the Supreme Court
before reaching a conclusion"
Senator McComas stands high in Re
publican circles and what he says is
entitled to weight. If the Republicans
are led to the alleged abandonment of
their anti-Southern schemes by the
view that it is a judicial question that
ought properly to be decided by the
courts, their action is worthy of com
mendation. If they feel sure of the
court, and therefore will shift the re-
sponsibility to the judiciary, it would
not be unlike them. 1t is not to be
supposed that the court has given any
intimation that it would reverse the
decision rendered in the Mississippi
case, but it is not impossible that the
Republicans may think the recent
sweeping Republican victory will tend
to make the court declare the ''grand-
father clause" unconstitutional. They
were confident that the Supreme court
would uphold their Civil Rights"
measure, but when partizan feeling
ran stronger than now, and oppos-
ton to the South was mere pro-
nounced, the Supreme court disap-
pointed Republican expectation. Let
us hope that history will repeat it
self.
The tenor of the remarks of Sen
ator McComas' is that the, Republicans
will not commit themselves on the
question at all, but await judicial
opinion. The inference is that if the
courts should fail them, the Republi-
cans will then be in as good posi-
ton to act after the decision as now
There will be plenty of time before
the next presidential election.
We hope that Senator McComas is
correct. The people of North Carolina
who adopted the amendment, will be
glad to have the Supreme court of the
United States pass upon the constitu-
tionality of the amendment. If the