The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1902-07-24

be denies, and that IS the PROPOSE
tion referred to by me. No one will
contend that this is specific or any
denial of purpose to attack the
Amendment. No one will contend
that it is an assertion Of purpose to
accept the Amendment.
"Now | charged upon reliable in
formation that it was the purpose Of
the Republican leaders, by the use Of
money (and l might have added Fed
eral patronage to stir up strife and
dissension among the white people
vino vote the Democratic ticket and
to encourage independentism and
promote boiling of Democratic nomi-
nations. The Senator denies this.
Can we accept his denial? Has not
that kind Of campaign already been
inaugurated? Has it not made open
progress in North Carolina since my
interview was published? During
the past week, on the 4th OF July,
two prominent men in North Carolina,
both known to be out of touch with
the Democratic party, one in the
Western end of the State and the
other in the Eastern end of the State,
took advantage OF that patriotic oc-
casion to criticise the Democratic
party and to make an appeal to the
people for independent action. Does
anybody doubt what they meant? In
the last few days a we'll known gen
tleman in the central part Of the
State has been approached by lead
ing Republican with the proposition
to run as an independent candidate
against the regular,Democratic ticket,
with the promise if he would do so
he would be taken care Of Taken
care of how? BY being given Fed
erel otiice:e Is there anybody in
North Carolina who does not know
the Republican party us using today
all the resources it can employ to
bring about Democratic bolt of the
nomination of Judge Clark? Who
does not know that they are now aud
have been for weeks industriously
seeking to get some Democrat to con-
sent to the use of his name as an in
dependent candidate against him ?
That has become an open secret.
This part of the policy this
part of the proposition this part OF
the conspiracy deals with the pres
ent. In the face of the situation in
North Carolina today and the devel-
opment of the last week does any body
doubt that this part of the program
is being vigorously put into execu.
ton? The other part of the policy
or proposition or conspiracy re-
lates to the future, and for myself
have no doubt if, when the time
comes. it shall be deemed expedien'
for the purpose of the Republican
leaders, it also will materialize.
The Senator also says in his an
swer that the policy outlined by me
or the proposition made by me with
reference to the amendment could not
be carried out because of legal diff
cuties He argues that the poll ia,
feature of the Amendment is clearly
constitutional, and says that amy
one versed in legal procedure mus
be aware of the fact that no question
can be decided in a law suit which is
not raised by the pleadings.' Exactly
But the shrewd lawyers who woult
bring this suit would of course no
only allege in the pleadings' that tn
complainant was denied the right t.
vote because he had not paid his pol
tax, but that the provision OF tn
Constitution requiring the paymen
of poll tax was part of the section
of the Constitution which contain
the grandfather clause, and that tn
Constitution provided that the Who'll
shouli stand or fall together, an
that therefore If any part Of the sec
ton was in conflict with the Consti
tuition of the United Stat ;, the who'll
was unconstitutional and that tn
complainant was being deprived
his right to vote under an indiss'i"bl
, cannected unconstitutional enac
, ment.
.Did we not amend the Ameno
, ment because it was claimed that III
, less it showed upon its face that
t was the purpose of the Legislatu'
, that the whole should stand or ia
together, a part might be constitl
e tional and a part unconstitutiona
, and did we not say that we woul
: not leave that to inference. an
+ though the legislative intent SCENE
n clear we would so fix the Amendmer
: that it would be impossible that an
Y part of it could stand if any part
a it was held unconstitutional? l q
not believe there is lawyer in tt
= State, including Senator Pritchar'
+ who does not know that if any pal
a of this Amendment be unconstit
u tional, a voter who loses his right
A vote bv virtue of any other part
e it can appeal to the court for prote
q tion upon the ground tha It he is beir
e deprived of his right by virtue OF a
+ unconstitutional law. [ have di
q cussed this matter with three OF Il
e ablest lawyers in the State, and tn
O all express the unqualified opinic
a that the constitutionality OF T.
. Amendment can be attacked in th
: way.
IS ..But Senator Pritchard says b
e party does not propose to attack t
l. Amendment in the way l have inc
q Gated. That way, he says. he thin
N | WOulu Dc Dtsct with iCs IA NtAAAS
l. The question is does he propose
,e attack it at all? His position
j. minds one forcibly Of the story OF
" negro parson who enquired OF
II new convert at the end of the I'll
c. week of his period of probation as
,s whether he had committed durl
D. the week any Of the sins he W
0. known to have been addicted t
,e Asked the parson: Have you stol
c. any hogs this week. No, parso
le Have you stolen any turkeys Il
at week?' No, parson.' Have y
stolen any chickens?' No, parse
Or A few minutes after the new conv'
ut remarked to his chum: DE pars
" pressed me mighty hard. If he b
in Just axed about ducks, he would hs
Us kotched me- The application is
"a | Darort Hoi said prqndfatt l