El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-12-07

recognizes the fact that abridgment
or denial of the right to vote may
exist. but it clearly specifies a condi-
ton that must result from such action
on the part of a state. Disfranchise-
ment under the head of regulation of
the suffrage, is well within the prov
ince of the states. unless it be that
the first section of the 14th amendment
can be construed as expressly prohibit
ing it. This section says:
All persons born or naturalized in
the United States. and subject to the
jurisdiction thereof. are citizens of the
United States and of the state where
in they reside. No state shall make
or enforce any law which shall abridge
the privileges or immunities of citi-
zens of the United States.
At casual glance, the above seems to
stand in the way of state regulation
of the suffrage. but as a matter of
fact and precedent the states have been
left free to make such regulations for
the restriction of the suffrage as they
saw fit, and it is not at all likely that
any state law providing for property.
educational, or poll tax test for voters
will be declared unconstitutional.
1t is pretty well established, there
fore, that the states can legally and
constitutionally bar certain citizens
from the right to vote But the second
section of the 14th amendment, the
first quotation above. admits of no
misunderstanding. 1t is certain that
to permit the states. in whatever sec
ton of the country they may be. to
retain representation in congress bas-
ed on disfranchised citizens, is uncon-
stitutional, and must sooner or later
come up in congress for settlement
The ideal solution of the problem
would be the amending of the consti-
tuition SO as to give representation in
congress on a basis of the total vote
cast. instead of the population. That
would lead qualified citizens to exer-
else the voting privilege more con-
scientiously. and tend to cause the
states to preserve a nice balance be-
tween extreme restriction of the ballot
and extreme freedom. A loose ballot.
while il would increase the congress
ional representation. would have so
to be its own regulator and governor;
while on the other hand apathy on
the part of citizens to the voting priv
ilege would result SO directly in loss
of prestige that there would be every
incentive to secure a full cast of the
legitimate vote
But this plan is at present impracti-
cal. and some other way must be de-
vised The Herald recommends the
institution of poll tax, payable year
or at least six months in advance of
dent of voting This should be sup
plemented by the Australian ballot
and registration, but the poll tax pro-
vision would certainly serve to keep
out the undesirable vote. if strictly en-
forced
If Acknowledgement of the ignorant.
corrupt, and irresponsible voters
should be brought about in this way.
as it certainly would be if the pro-
posed law were enforced, it would be
a splendid thing for the country. and
especially for the south. But a neces-
sary part of this plan. in order to
accomplish the ends of simple justice.
is the revision of representation in leg
islative bodies. state and national. up
on the basis of the vote cast under
the restriction named. II would be
as fair and just as anything in the
way of a representative republic could
be.
Briefly stated. the best plan to pur-
ify our governmental system is to dis
franchise the undesirable citizens, and
honestly accept the consequences. &C
cording to the letter and the spirit of
the constitution.