The Montgomery advertiser., 1901-05-29

order. and each name shall be num- l
 oered in the margin thereof, which shall correspond with the number en- ] dorsed on the application. which shall also be endorsed as approved" or
 rejected" as the case may be, and dated and signed by the cL--rman of the board of registrars.
 Sec. S. The General Assembly shall
 provide by law for such other duties
 as shall be performed by the boards of registrars in connection with their
 office, and may alter. amend or repeal any part of the duties herein designat- ed, in the manner prescribed in article .. of this constitution; and shall pro- vide just compensation to the mem- bers of the board of registrars of vot- CTS for their official services.
 Sec. 9. Application for registration as a voter shall be signed by the ap- plicant and presented by him, in per son. to the board of registrars at their regular meetings held as required
 by law. If the applicant can not write his name, it shall be identified by his mark, and attested by a witness. The application shall state the place of nativity and the age of the applicant; his citizenship, whether by
 birth or process of naturalization; his residence and the years in or during
 which he has had his residence in the State and the county and precinct in
 which he claims the right to register
 as voter. and his occupation, or that he Is physically disqualified from pur-
 sning a business, ocupation or calling. If he is citizen by naturalization, he shall state when, where and in what courts he was naturalized, and, if 1t is required by the Board of Registrars, he shall produce record evidence of his | admission to citizenship of the United States. If the application is rejected, it shall
 be the basis of any further proceeding in any court in which such decision is
 reviewed or is sought to be reversed. that may be provided by law; and the applicant shall be required by such | court to prove the statements in his application and such other facts as shall entitle him to be registered as | voter, and that he is a man of good
 moral character and is informed as to l the principles of the United States and is attached to the same.
 | No appeal from the decision of the Board of Registrars. rejecting an ap- | plication for registration, nor any pro- ceeding in the nature of a review or new trial thereof, shall be triable in any court or by any tribunal. unless such appeal is taken, or such proceed ing is instituted within thirty days af- | ter such decision is made and entered of record by the Board of Registrars; and no applicant for registration whose | application has been rejected, shall be entitled to vote until he is registered as a voter by order of the Circuit | Court of the county in which his ap- | plication was rejected.
 On the death of any registered voter. | or his removal from the voting pre- cinct in which he is registered, his re- I f@1 IA let | of registered voters, of such precinct.
 A registration may be cancelled by the
 Board of Registrars for the fraud or
 perjury of the applicant in obtaining l the same.
 No vote shall be rejected by the man. | agers of any election for any cause of
 disqualification that existed at the time | of the registration of the voter, but his
 identity shall be proven if his vote is
 challenged on the ground that the voter | Is not the same person whose name is
 on the list of registered voters. The
 Legislature may provide laws for the exclusion of 8 registered voter from | the privilege of voting for any cause
 that may occur after the date of his
 registration.
 Senator Morgan's brief was ordered
 printed and is as follows:
 The right of a State to prescribe the l QudllI1CdIlOnS
 exclusive and does not depend upon its right to prescribe the qualification
 of voters.
 Women are not voters in Alabama, yet they hold office under the State
 and Federal governments.
 Men of lawful age are entitled as
 class of population, to become voters,
 or to hold offices, while women, who
 are excluded. as class, from voting, x@ 6o1I
 These are simply class distinctions, like those of race and color.
 Such class distinctions based upon
 race or color, are forbidden by the 14th
 and 18th amendments as to the right to vote, but are not forbidden as to
 the right to hold office.
 If the Constitution of Alabama should prescribe that no negro woman should
 hold office under the State, it would
 be vain if one should attempt to sus- tain her right on the ground that her
 right to vote" is protected by the
 14th and 18th Amendments, because she
 is a negro woman, includes the right
 to hold office, as an immunity or
 "privilege," or as a right of "equal
 protection under the laws; because
 she has not and never could have the , right to vote under the laws of Ala
 bama, or of the United States. There lS } contention. Besides, "the right to
 vote" is expressly confined to the male !, inhabitants of such State, being 21 years of age," both by the 14th and
 18th Amendments, and 1t is that right, confined to those persons. that is pro tected against denial or abridgement, in the 18th Amendment, or against ! abridgement in the 14th Amendment, , and only that right.
 The right to vote is separated from
 all other rights, in both amendments, and is protected against abridgement } or denial on account of race, color, or } pre- ious condition of servitude, and this is as far as their protection ex- tends.
 There is no race protection as to any
 "privileges or immunities of citizens of the United States" except with reference to the right to vote and then is limited to negro men.
 So, in considering the right of a person to hold office in a State, the question of the race, or color, or pre- vious condition or servitude of such person is not one that the State is pro- hibited from including in the qualifi- cations for office
 Second-The capacity or qualification , of a person to hold office under a State,
 does not depend alone upon "citizen- ship of the United States" That may
 or may not be an essential qualifica7 ton for office, but even that is not indispensable; for Congress- which is
 expressly bound by the 18th Amend ment, constantly makes appropriations [ to pay salaries for official services to