The Montgomery advertiser., 1902-04-29
NEGROES FIRST STEP
THEY PREPARE TO TEST NEW
 CONSTITUTION.
Nelson Bibb Makes Amdavit, He Was Deprived of Right to vote-Suffrage Association
 Appeals for Funds.

The first step in the case to test the new constitution of Alabama for alleged in the registering of voters on account of race was taken yesterday. Nelson Bibb, an old negro, went before Justice J. L.. Williams yesterday morn. ing and swore to a prepared amdavit which recounted his experience wiin the Board of Registrars Of Montgomery County, when he attempted to secure certificate of registration.
 He claimed In the affidavit that he was denied the right of registration because he was a negro, and for no other reason The affidavit was typewriter and care fully prepared. It was evidently "rt- ten by an experienced lawyer. The ar ndavit was properly drawn and its ahesa- tions were conciseiy made.
 Bibb is a carpenter and is well known. He lives on Lutie Street. He has taken a more or less active interest in politics and has voted at all national elections
 In his affidavit Bibb said that he was A years of age and that he had hvcd ih Montgomery the greater part of his lie His present residence was In Beat ana he had been a voter of Montgomery Coun- ty. He could read and write and he understood the principles of pepuplican form of government. He states that ne applied to the Board to be registered ana was refused on no other grounds than that he was a negro. The registrars, he aays told him that he would have to get two white men to vouch for his good character.
 Bibb carried away his affidavit after he had sworn to 1t, but Justice Williams took a synopsis of its contents. It IS believed that Bibb's case will be the one in which the test of the new constitution will he made. It is said for him that he could como in under the provisions ol the new constitution relating to gooo character education and property. n, test case will be filed in the Onitee states Court here, the court over wnlcf Judge Thomas G. Jones presides. n' tsst ease will be then carried from thu District Court to the Supreme Court o' tbe United States where the fight VIII ot made to prove that the new constitution of Alabama is contrary to the constitu | tion of the United States
 wilford Smith, the negro lawyer iron | New York is expected to conduct .n' | fight. It is generally understood Una | Smiths business in Montgomery IS U nrepare for the test case. Since m | coming the first move has been made ant | if is generally believed that he prepare' the typewritten affidavit which bipo pre- | sented to Justice Williams. smith. no" ever. declines to discuss ms pusiress | In the meanwhile the colored Man cntrra,a Association of Alabama whic | was organized on the 18th Of MaTch Dorsett's Hall is pursuing its seit ap nointed task of soliciting funds to con dnct the fight in the court against tn | nouv constitution. J. W. Giles IS presl dept of this association and J. 5. Julia Il is secretary. They are endeavorihs interest negroes in all sections or Ala hama. in the fight. Funds Tor the prose cution of the fight have been solicited all parts of the State.
 The officials of the Suffrage Associauo have had printed an appeal whlch
 sent to prominent negroes a, a,, by a circular letter. fne Appe"i "'' the circular letter is as follows:
 An Appeal
 ..To the Colored Citizens Of Alanama' "Friends and Fellow Citizens:
 con the 10th day of March, 1902. ana accordance with the new 'Constitutioh our State. the registration of voters p' han at inc Court House in Monteomer Co,,nty and State of Alabama. As 70 veu know. the spirit of the Constitute ;s to disfranchise the negroes in tr State of Alabama; and. in accoroah. with that spirit. all negroes out ol u large number that have applied Tor rei istration have been refused, except who have served in some war Ill UT | United States.
 Among those who applied and were r fused are some of our most worthy GU gems morally, financially and inteliect' | ally. men who pay taxes on propei from $500 to s3o, 1000. The requirements the Board of Registrars are altose.h' out of harmony with law ana Justic since no negro can register unless ne pr duces two white men who are wiihhs
 make affidavit to his good character. \ negro.s testimony as to his good chara tor ia accepted. It seems that the pr sumntion of the Board of Registrars
 that no negro has good character. Tn ona fact shows that the workings or u new Constitution are in connict With u | Federal Constitution. which declares th
 che rights of suffrage of citizens sns
 no. be abridged on account of race, co'o or previous condition of servltude.
 I've believe. too. that the 'Grandtath
 -,a,sa, in the new Constitution Is unco stitutional. since its provision lets l
 among the soldiers and their legal d } xcendants. a large number of men | tireIv void of the requirements or |
 Good Character Clause thus grantr | favors to one class of citizens ana den
 ing the same to others. which can
 nasiiv termed class legislation, and IS
 just ... .,s
 lute denial of our rights of suffrage'
 the people of Montgomery County, mass-meeting assembled on the 18th d
 of March. 1902, organized the Color
 Mans Suffrage Association, for the pt
 nose of raising money to test III |
 I-nited States District Court. or Suprei
 Court at Washington. D. C.. the cons
 ,utionaIitv of the Alabama Constitute . We need to raise 5000 with wmch commence To do this. we must app' in every nberty-loving. patriotic color
 man in this State to aid uS in this stru
 gle. You can send your contrioutl
 cir ply. or vol can call your people
 gether in your respective communlt
 end orparize an association, raise yo
 r,onev and forward same to the Secreta 7 nf our Association. who will turn |
 same over to the Treasurer Of our As'
 ciation. Both the Secretary and Tre' , ,rnr are under bond for the faithful D. ) foruance Of their duties. Any amol kfrom any citizen will be most highly nreciatod and. in the meantime VIII
 mucb to restore to him that right y most sacred of all-the right to say S shall rule. Yours faithfully.
 q "J w. Giles, President. A "Chas. F. Sterrs. Treasurer X "J. & Julian. Secretary. v "Issued this. the 3rd day of April. A. v 1902. at the City of Montgomery, Cou q of Mont gomery. State of Alazaba.