The age-herald., 1901-08-24
Grandfather Clause in Court.

dTdU0IdtneT JlduSe ii CUuIts
 In the court of original Jurisdiction in New Orleans the suit of David J.. Ryanes, an illiterate and penniless ne gro. against the registration officials of New Orleans, has been denied. He asked for a mandamus to compel his registration.
 II the opinion rendered by the court the grandfather clause is scarcely dis cussed. We add here the portions of the opinion that relate to section 5, or the grandfather clause:
 Relator makes special complaint against section of article 1s7 as being discrim- inative against him; but he has not al- legged that any person whatever has reg istered under that section. and he has not, therefore, shown any injury result ing to him therefrom. It may be that discrimination against him was intended under that section, but intention is in- sufficient to entitle him to relief in court of justice. The Supreme Court of . the United States says. in Williams vs. Mississippi. ITO U. S.. 223: "There is an allegation of the purpose of the conven- tion to disfranchise citizens of the colored race. but with this we have no concern, unless the purpose Is executed by the ss constitution or laws. or by those who administer them. If 1t Is done in the lat ter way, how, or by what means. should be shown"
 If section had been alleged to have been executed, and that 1t had resulted in discrimination against relator. then the allegation of discrimination in section E might have been considered. for tho purpose of the exception now being dis posed of, as rendering section null and void, and the persons registered there under wuld not be deemed to have been registered But this is not suit to strike the registration list under section with nullity, for any reason whatsoever, nor is it a suit to compel registration under that section.
 It may well be that section 5 Is null and void. and that sections 8 and are valid and binding. etc.
 Also further:
 Sections 8, and 5 do not "collectively constitute one plan of suffrage qualification" Relator himself in his pe- tition, refers to ''the said articles and the said sections. collectively and separate ly" etc. If section s. in itself. adopts ''one unlawful and unconstitutional plan of suffrage qualification" 1t cannot in any manner affect sections and 1. And, as relator alleges in his petition that he Is not qualified to register under sections and 4; that he has neither the educa- tional nor property qualification. he. in effect, alleges that it is not the minis- terial duty of respondent to register him. and his petition discloses no cause of action for the issuance of writ of man. damus.
 The exception of no cause of action is sustained the alternative writ issued herein is set aside and this suit is dis missed at relator's cost.
 In other words the grandfather clause is not in the case. Ryanes could not register because he could not read and write and did not possess $500 worth of property. The grandfather clause does not touch him. It may be declared null and void by the United States Supreme Court, and yet such a decision does not affect Ryanes. Very few registered under the grandfather clause in Louisiana, but be the number few or many. Ryanes is not affected The other parts of the Louisiana con. Btitution are sound at any rate. and in nowise dependent upon the grand Eather clause.
 In other words. the negro Ryanes