The Republican. [volume] (Oakland, Md.) 1877-current, 1901-02-14
WHY THE LAW Is
UNC0NSTITUTI0N AL.
Authorities Show That Voters
Rights Cannot Be Abridged.
ACTION IN OTHER STATES.

Senator McComas Discusses the Question
of the Proposed Disfranchisement Act
in an Able and ConV incing Manner.
Senator McComas has given legal
opinion upon the proposed act to dis
franchise illiterate voters.
Pryor to his election to the United
States Senate Mr.. McComas was one
of the justices of the Supreme Bench
of the District Of Columbia and his
views are, therefore, entitled to the
most careful consideration.
The Senator's opinion is:
Governor Smith should be better
advised before he yields to this per-
nicious scheme to disfrancbise illit-
crates by an act of assembly.
The leaders of the New York bar
in April, 1894, sent an opinion to Gov.
Roswell P. Flower, who transmitted
it to the legislature then in session.
This opinion was signed by James G.
Carter, George Bliss, W. B. Horn
blower, Hugh d. Cole, Francis l..
Stetson, John F. Dillon, John E. Par
sons, William H. Peckham, Elihu
Root and Joseph Choate. First Eos
ter on Constitution, 237.)
"This is their first proposition
Amy duly qualified elector has right
to vote for any competent person to
fill an office for which person is to
be elected at the election at which
he desires to vote, whether or not such
person for whom he desires to vote
has been so nominated that his name
is printed upon the official ballot.
Amy ballot act which does not afford
all voters, whether illiterate or not,
an opportunity and reasonable facili-
ties for voting for such person is
unconstitutional
1.-THE constitutions of New York
and Maryland agree in every material
point in defining the qualifications of
a voter. The leading members of our
Maryland bar would do good service
if they would unite in an opinion
upon the constitutionality of ballot
law directly or indirectly disfranchis-
ing illiterates
Il am confident such lawyers would
agree that every ballot law must con
tain due protection for the rights of
all voters qualified by the state con-
stitution and that law would be I'M
constitutional which prevented from
the expression of his choice a voter
who, through physical disability or
lack of education, was unable intelli-
gently to select or mark his ballot.
I'm Massachu sets the people adop-
ted constitutional amendment pro-
viding that mo person shall have the
right to vote who shall not be able to
read the constitution in English Ian
guage and write his name This
amendment exempted those who are
physically disabled 1t did not apply
to any person who has now the right
to vote 1t disfranchised no voter.
The object of the Southern legislation
in every case is to disfranc hise voters.
In each of the Southern states
which have disfranchised illiterates
the legislatures were nearly or quite
unanimous in favor of such disfran-
chisement. The constitutional quail
fications of a voter were nearly like
the Maryland constitution. 1t would
have been easy to disfranchise voters
by an act of the legislature, yet in
each case the Legislature of Missis-
sippi, Louisiana and South Carolina
called a constitutional convention
and by an amendment proceeded to
disfranchise certain illiterates.
"a Democratic legislature in North
Carolina had a large majority elected
to contrive law to disfranchise GER
tain illiterates. Even that legislature
did not venture to disfranchise illit-
crates by it's own act, but submitted
a constitutional amendment to the
people to disfranchise this class.
They knew that in the Van Bokkelen
case (73 n. G. Report, 1881 their SUI
preme court had declared that the
General Assembly cannot j n any way
change the qualifications of voters,
that it is the effect of the act and not
the intention of the Legislature which
renders it void.
1T appears the majority party in
Virginia are striving like democratic
politicians in Maryland to disfran-
chise illiterates, but the Virginia leg
islators are aware it will require a
constitutional amendment to effect
it. They know their object cannot
be secured by an act of assembly, and
their Legislature now in session pro-
poses not to pass an act of assembly,
but to submit constitutional amend
ment to disfranchise their illiterates.
I'm Daggett VS.. Hudson, AZ Ohio
State SCI, it was said The legisla-
ture has full power to regulate the