The Montgomery advertiser., 1901-08-02

that should be made. MT. Jones-I will ask leave to with draw my amendment, to allow the gentleman from Montgomery to sub stitute his amendment.
 The President-The gentleman from Montgomery asks unanimous consent to withdraw his amendment. The Chair hears no objection and the amendment is withdrawn. The Clerk read the amendment as fol- lows: Amend Subdivision 6, Section 10. in line 80, by striking out the word only.'"
 MT. Oates-Mr. President and Gen. tlemen of the Convention: The way it reads now-"upon such trial the court shall charge the jury only as to what constituted the qualifications that en- titled the applicant to become an cleo tor at the time he aplied for registra- ton. etc." Now, as I understand 1t, the apprehension of the committee. and what they desired to avoid, was the court giving the affirmative charge on such trial. one way or the otner' and they desired to let the jury pass on 1t. I concur in that idea. l think that is entirely proper. but l think 1t Is restricting the court too much to use the word "cnly" With that word in there. he shall charge only as to one thing, and he could not charge as to anything else. There might be con- fiots in the testimony which it would be necessary for him to explain to give the jury an opportunity of deter mining. Upon such trial. the court shall charge the jury only as to what constituted the qualifications that en- titled the applicant to become an fer registration, and the jury shall determine the weight and ef- feet of the evidence and return a verdict" It seems to me it is too re- strictive upon the court By striking out the word "only' think it &C., complishes the object of the Commit tee and I greatly prefer it and hope that that will be done.
 MT. Smith (Mobile)-The gentleman from Montgomery that first spoke (Mr. Jones) said that this was a novel proposition. I know that Is eminent ly correct So far as I know, the qualifications of an elector has never in the history of this country, been submitted to trial before a court or a jury. so that the proposition now to give to those people who are denied by the registrars the right to register, q trial of that question by jury. is a novel proposition. and the gentleman could hardly expect in an entirely new
  terms. In substance, however. it is not a novel proposition to have the right of man to participate in an cleo tion determined without charge by the judge to the body ascertaining that fact. In the majority of the States. as it has been in this State, those qualifications. whether fixed or not entirely fixed, have been determined by Board of Registration. In other hnr hax in the history of this country process of selection. In some places they were selected by the people; no trial of their suffrage but the people who had the right to vote simply got together and said what oher citizens should have the privilege. No trial by judge, no right of appeal no other Jurisdiction. They have had an election by legis- latures. who simply got together and elected such people as they thought fit to participate in this. right of becom- ing a member of the electorate. In that case there is no evidence, there is no trial, there is no charge. In oth- CT cases it has been determined by the town bodies who collected and select ed men, some times the governing body of town simply got together and they came in. Sometimes as to cer- tificates of the character and qualifi-
 
 out. and they sat there and without evidence determined that question. So 1t is not a. novel proposition that some body. some representative of the body of the county should get together and from their general knowledge Of the person, from the circumstances of that person in the community and thelr standing select him and declare him to be a fit person to participate In this
 fa I if a the only method some times in one part some times in another. but 1t Is the only method in this country where by the right to vote has been deter mined, Now. we have gone step fur ther than any other State that know of We have declared that these cleo tors shall determine in the first place whether & man has the particular qualifications we have laid down. If +bev determine it in favor of the citi- zen that ends it and that Is as far as the majority of the other States have gone. We go further. however, in be- half of the right of the citizen and we sav if that Board determines 1t against you, you may appeal to a jury. you shall select that jury just as 1urles are selected for the trial or other causes You have your challenges ana +he other side have their challenges.
 
 rights and qualifications. It was the purpose of this Committee to allow iury. a body of men selected from the county. who would be familiar with the circumstances and the character or its people to determine as fact from that evidence whether that man had these qualifications or did not nave them and it was our purpose that the fudge should not take that question away from that body of men oy charges upon technicalities as to the law or as to the evidence. MT. Presi- dan+ there was another purpose in It.. We wanted to make this as simple 0rocedure as could be made ana ln- voIye as few questions of litigation as consistent with the rights sought to he enforced We did not care to nave nnneals to the Supreme Court upon a charge of the judge and the reversal and coming back, perhaps, new ap- neal upon a number of technical ques- +ions arising out of the charge Of the 4,,dre upon the various phases or the case we wanted to reduce the ltlga- tion as far as it could be without sac r,fjcirg the right of the man who aougbt admission to the electorate.
 MT Jones-Will the gentleman per ,,it a question? If the section stands
 if ,s is it the opinion of the Com nittee if an appeal was taken to the Supreme Court-passed de noVo on the