New-York tribune., 1901-12-29
SOUTHERN FRANCHISE TTNKERING
THE BUNGLED AMENDMENT TO THE CON-
sTITUTION OF NORTH CAROLINA.

Raleigh N c.. Dec. "a (specIaD.-A serious ques-
tion has arisen to when the amendment to the
constitution of this State which adopted by
the people year ago last August goes into effect.
The last section of the amendment says 1t shall 60
into effect July l. 1902 Section OF the amend
ment is follows:
That this amendment to the constitution is pre-
for the regulation OF the suffrage with the intent
and purpose to so connect the different parts. and
the whole shall stand or fall together.
This section was inserted at the extra session OF
the legislature because IT had been urged In oppo-
sition to the adoption of the amendment that when
ever the amendment got before the Supreme
Court of the United States the grandfather clause
would be declared unconstitutional and the educa-
tional qualification constitutional. Such a con-
struction would dsfranchise a large number Of
whites as well blacks. and in order to get the
Section 5 set out.
Section of the amendment, after providing that
every person presenting himself for registration
shall be able to read and write any section of the
constitution in English subject to the grandfather
exemption. says;
have paid on or before the first day of May of the
year in which he proposes TO vote. his poll tax
Tor the previous year.
The next State election is in November 1902 On
June all taxes levied. and at the time when
the amendment goes into effect on July l. the pol
tax for the year 1902 will have been levied. There
being no section of the amendment that makes that
instrument or any part thereof retroactive in op-
Grafton. it is urged by of the lawyers that the
poll tax requirement of the amendment cannot go
into effect until the year 1903.
Another serious question is whether the provi-
sions of the amendment excepting the poll tax
requirement. VIII become operative to the
election of 1902. Section says the amend
ment lis one indvisble plan for the regulation of
the suffrage. and must stand fall as a whole
together" Therefore. If it Is physical impossi-
biity to put the poll tax feature into operation un-
IL, u. tme year F now is It possible to put the edu
into operation for the election of November IoOo
without doing violence TO the provisions of Section
the amendment in its entirety will be I'm force on
and after July l. 1902. and that this will apply 10
all elections occurring thereafter although the poll
TAX requirement may not become operative. The
reply to this argument is that when the amend
ment goes into effect the poll tax for 1902 will
nave been levied but Will not be due, and the
which the election that must have been
paid as a prerequisite to voting
Ihese questions have arisen because II has been
puplshed that every person applying next year for
registration must have paid the poll tax now due
for the year 1901 before the first day of
May of next year.
The opponents of the amendment headed bv Sem
ator Jeter c. Pritchard. may be expected to take
counsel among themselves and the best lawyers
GERS can be compelled to conduct the election of
November, 1902, under the constitution and laws
in force before the first day of July 1902 II ia
said to be the purpose and intention of the Renuh-
lcan leaders headed by Senator Pritcbard ~ ppoia
a conference in Washington for the purpose of
raising money to employ the abiest counsel in the
TO give their opinion thereon: and IL so advised TO
bring suit In the Circuit Court Of the United States
Ior the State or North Carolina TO the consti-
BILE day, and also to bring suit to compel the hold
ing of the election of November 1902 under tha
constitution and laws as they now exist.