The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-05-09
Has Been Placed in a Form
Safe From Judicial
Attack.
ONLY SOLUTION OF QUESTION
1t Does Not Deprive Any One Of the
Right to Vote on Account Of Race,
Color or Previous Condition of
Servitude But it Catches the
Ignorant Negro Just
thu Cono
BY J0sEPHUs DANIELS.


much of this morning talking with
Hon. +. B. Kruttschnitt. one of the
foremost lawyers of the South and
leader Of the New Orleans bar,
discussing the Constitutional Amend
ment of this State. which in its main
provision is similar to the North Caro-
lima amendments His views on the
wisdom and constitutionality of the
amendment are given below:
whilst | have a great deal of respect
for the lawyers in the Louisiana Consti-
tutional Convention who differed from me
on the constitutionality of section 5,
still | have reached the conclusion that
it will stand the test of judicial inquiry.
Mr. Semmes. who also spoke on the sub
jeet, was, as you are, of course aware,
at ono time the President of the Amer
lean Bar Association, and his conviction
is even stronger than mine. Mr., Justice
Campbell, of Mississippi one of the
ablest juristS who ever sat upon the
bench of that State, wrote to Mr.. Semmes
after that gentleman had spoken in the
convention, strongly maintaining the COR
rectness of the position taken both by
Mr. Semmes and myself in debate. The
files of the New Orleans newspapers, be-
tween the Sth of March and the 24th
Of March will give the debate in full.
1t is not contained in the official proceed
ings Of the convention.
Il have always believed that the Su-
preme Court of the United States by its
decision in Wilson VS.. Mississippi, render
cd whilst the convention was sitting in
New Orleans. but subsequently to. the
passage of the suffrage amendment,
showed very strongly the inclination of
that court to sanction, judicially, any eX
pedient which might obstruct the exercise
of suffrage by the negroes without actu
ally violating the 18th amendment. The
court in the case in question, quoted
The decision of the Supreme Court of
Mississippi in the case of Ratcliff VS..
Neal, in which the Mississippi court
said
within the field of permissible
sction under the limitations imposed
by the Federal Constitution. the con-
vention swept the field of eXpedients
to obstruct the exercises of suffrage
by the negro race.
And the Supreme Court of the United
States, referring to this quotation said
"They had swept the field of expedi-
cnts. but they were permissible expe-
dents"
Il may state that l should divide the
argument by which l would today support
the action Cf the Louisiana convention
into three heads, to-wit
list That the expedient adopted by
the Louisiana convention is perfectly
valid and not subject to attack by reason
of conflict with the provisions of the 18th
amendment to the Constitution of the
United States
I'D. That even if ii be conceded that
the scheme is not valid in itself (Which l
do not concede), still the convention suc-
ceeded In placing 1T in a form where
IL is, so lar as | can see, absolutely
safe from judicial attack and where it
it is also safe from any attack except
possibly by some political body which
would decide any legal question in any
way that it saw fit.
''3d. That even if the scheme be con-
ceded to be of doubtful validity (Which
/ do not concede) still it was the best.
and the only practical solution of the
question in Louisiana and | believe that
it would have been the part of states
manship TO adopt the scheme even if it
were of doubtful theoretical validity.
Il shall address myself to these pro-
positions in succession.
Il believe that the suffrage clause Of
the Louisiana Constitution is perfectly
valid, because it does not deprive any
one of the right to vote on account of
race. color or previous condition of SER
vitude. The qualification of voters in this
State are today educational or property
in the alternative. coupled with the pro-
per amount of poll taxes after the year
1900. This is the rule for all persons
white or black. The convention did not
deprive anyone of the right to vote bv
reason of race, cclor or previous condi-
ticn of servitude, but did provide that
certain voters. already entitled to the
right of suffrage should not be deprived
Of that right, provided they registered
on or before September 1st 1898 for the
purpose of preserving the right The
class of voters, whose rights were thus
saved, were the sons and grandsons of
suffragans of January 1st, 1867. On that
date the negro was allowed to vote un-
der the laws Of at least eights States in