The Montgomery advertiser., 1901-05-29

efgn power or the people. after O coustl tuition has been ordained and estaI lished. The office-holder has only ti h powers that are conferred on him law as an individual, not as memb, of a race. There is no more relation ship between the capacity to vote ar the capacity to hold office, or the rigl to vote and the right to hold offic than is between the Governor and tf judge he appoints to office. while one | rendering judgment on the bench an the other is approving or vetoing bill passed by the Legislature; or. to mal the illustration more complete, tha there is between the voter who vote for judge and the same judge wh afterwards tries him for crime. T Is the right of a voter, where he law fully votes, to represent his persona views of the qualification of the perso for whom he votes, without constrair from any other person; but 1t is sti the right of the people, after they hay elected a person to office to ascertai and determine whether he is lawful qualified to enter upon the office an discharge its duty.
 The two alleged rights are who'll separable;' so that. to deny a perso the right to vote, is not to deny sue person the right to hold of
 
 cannot vote, could not hold office. Yet| we see the constant and increasint| election and appointment of womefI to offices of responsibility and import ance, both to the State and Federa Governments.
 The question of the application of tn, 14th and 18th amendments to the righ or capacity for holding office under the State Government, has been discussed at such length, not because there 4t the least doubt about it, hut becaus. 1t seems to furnish the safe plan, tI not the only security to the white race for excluding the vicious and harmful negro vote from the ballot box. .,| It enables us to have registrars oil voters who are white men, and this t almost, an absolute guaranty that cleo tions win be honest and enlightened according to the standard of the whitsi race. Whether the Registrars are q State Board or a County Board, or s precinct Board, and their numbers shall be few or many, and what shall be their qualifications, tenure of office, or personal qualifications, are questions of policy, to be carefully considered. The key to success, and the shelter against Congressional or judicial inter- ference, is the declaration that only white people are qualified for office. There are some questions hidden away in the 14th and 18th amendments not generally discussed, about which jurists are much in doubt. They are whether the 18th amendment repeals any, and what part of the 14th amend- ment. Whether the two amendments are repugnant. and if so. whether either can be carried into execution. Whether the two amendments are to be construed in pari materia as if they were written as one amendment. Whether the 14th amendment repeals l. the provision of the Constitution proper as to the necessity for the apportion- ment of the income tax.
 AS to the right to vote and hold of- | flee, these features of the. amendments | are not necessarily involved in this dis | cussion. John T. Morgan. Suffrage and Elections.
 By MT. O'Neal Uauderdale): AN ORDINANCE To amend Article XII, Section of the Constitution so that the same shall read as follows:
 CD All able-bodied white male inhab, | itants of this State, between the ages of eighteen years and forty-fve years | who are citizens of the United States or have declared their intentions to be- | come such citizens, shall be liable tt l military duty in the militia of tho State.
 Referred to Committee on Militia. By MT. O'Neal: :...-.. ,- | An ordinance to provide who shall be eligible to hold office under the Con- stitutiou of Alabama.
 Article VIII. Suffrage and Election Q.) Persons who are not citizens of | the United States, or who are not de- scended from a father and mother be. l longing to the white race, shall not | be eligible to any office under the Con. stitution and laws of Alabama. | Referred to Committee on Suffrags and Elections.
 By Mir. Phillips Clay:
 An Ordinance to define City Bounda- ries.
 Be it ordained, by the people of Ala. bama in Convention assembled, That | the boundaries of the several counties of this State as heretofore established by law, are hereby ratified and con. f1rmed.
 The General Assembly may by a volt | of two-thirds of both Houses thereof arrange and designate boundaries fol the several counties of this State, whicf boundaries shall not be altered, except by like vote; but no new county shal hereafter be formed of less extent thar 500 square miles, and no existing coun' ty shall be reduced to less extent thar 600 square miles; and no new county | shall be formed which does not contair sufficient number of inhabitants tS entitle 1t to one representative undel the ratio of representation existing al the time of It's fol nation and leave thu county or counties from which 1t 1! taken with the required number of in
 habitants entitling such county ol counties to separate representation.
 Referred to Committee on State ana County Boundaries.
 By MT. Pillans (Mobile):
 On ordinance to amend Article IT.. Sec
 of the Constitution of Alabama Concerning County Seats.)
 Be it ordained by the people of Ala
 bama in Convention assembled, Tha'
 no county seat shall be removed, un
 less such removal shall be authorized by the affirmative vote of the majority
 of the electors of such county, voting
 upon any such proposed removal, at aI
 election to be provided for by law.
 Referred to Committee on State and
 County Boundaries.
 By MT. Pillans.
 To amend the Declaration of Rights Article of the Contsitution.-Pro
 lection of ConXicts.o- .-,.
 Be it ordained by the people of Ala
 bama in Convention assembled. Tha
 it shall not be lawful to use the lasf
 upon, or to whip or flog, any persoI
 held under conviction for crime or mis
 demeanor in this State.
 Referred to Committee on Preamble
 and Declaration of Rights.
 By MT. Reese (Dallas):