The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-20
GOOD LAW AND
GOOD MORALS
Negro Church ExpeIs Mem
Der for Voting Democratic.
He BRINGS A SUIT
Mr. Hicks, Attorney For Defendants
Justifies Their Action.
THE CASE ARGUED IN SUPREME COURT
Mr.. Hicks Says in Voting For Amendmelt the
Negro Voted For an Act Obnoxious
10 Spirit and Meaqing Of the
Constitution Oft S.

rs a negro church justified in ex-
pIling a member because re votes th'
Democratic ticket"
That is a little conundrum that was
put to the Supreme court yesterdaylmorn'
ing One of the attorneys in the case
seems to think SO and so stated in his
hrief alleging that such action is justified
in both law and morals.
This case Of the State against Rogers,
from Vance county, which was argued III
the Supreme Court yesterday, presents
several points Of interest and is probably
unique in the history OF this State.
The defendants Of which there are
fourteen, all negroes, we're charged with
threatening. injuring and depressing one
benjamin r. Person, in that they ex-
pelld him from Shiloh church, negro
Missionary Baptist church, because he
voted the Democratic ticket last August
Defendants were bound over by mag
istrate and indicted in the Superior Couri
for violation Of the following statute
Sec 81. Any person who shall dis
charge frCm employment, withdraw pat
ronage from, or otherwise injure, threat
en-, Cypress or attempt to intimidate any
qualified voter of this State because oil
the vote such voter may or may not have
been cast in any election, shall be guilty
OF misdemesnor.'
Defendants moved to quash the indict-
ment. The motion was sustained and the
state appealed
1t was argued by the Attorney Cen
eral for the State and Mr.. T. T. Hicks
of Oxford, for defendants.
The case involved the question as t.
how far the State had authority TO in
quirc into an action of church in deal
ing with its members. The defendants
contend that the injury and oppression
mentioned in the statute do nor embrace
such an injury as would result from
church expulsion. Mr.. Hicks says in his
brief that under the circumstance tho
act Of a negro voting the Democratic
ticket in August, 1900, was good grcund in
both ecclesiastical and the civil law, fnd
in morals for his church to expel him
from membership. He argues as follows
THAT voting the Democratic ticket by
a negro in the election OF August, i90f
was voting for the spirit. meaning. ard
purpose of said acts. (Mr. Hicks here
refers to the amendment) which acts upon
their face, attempt to lay down an. -
tablish one rule of conduct aEl privi3ege
for one man or set of men. another 1uic
of conduct and privilege ;or anothnf mar
or set OF men, and still another rule II
conduct and privilege for thitj mar or
set of men, and that the same arc thtlc-
fore obnoxious to the spirit AMI mcan!nsi
of the Constitution of the United States,
and to the idea of equal and exact JUS
tice to all and special privileges tc none,
which it is the boast of our CT LIZA ion
to furnish
lie closes the brief with the following
words:
This Indictment seems to ne to he au
attempt on the part of the prosecutor
20 take tithes Of mint and anise ana
cumin.' l am glad that the wheat arc
the oil and the cattle upon a thousand
hills have escaped their vigilance or
their levy. and that having abolished al
wrong in the State, they have now con-
cluded TO correct abuses in the churcn."
The decision of the court VIII Fc
awaited with interest.