The Montgomery advertiser., 1902-05-07

solely because of the fact that they are negroes; that matters of the sravest In terest to the negro race are to be deter mined at the polls and the negroes in Alabama are to be denied the right to vote.
 And petitioner says that he has no oth- CT adequate and sufficient remedy by which to obtain the interposition of this himself and his race the sacred rights that have been denied them. except the most gracious writ of mandamus. Prayer for Mandamus.
 "Wherefore petitioner prays this hon i ole court to declare Sections iS0. 1s1. 1SS. 1S4. ISo, 1SG 1S7 and lS8 of Article VIII of .he new Constitution Of Alabama, which went into effect November 2S, 1901, to be absolutely null and void and of no effect. because obnoxious and repugnant to the first section of the Fourteenth Amendment to the Constitution of the United States. and because obnoxious and rcpugnant to the first section of the Eff teenth Amendment to the Constitution of the United Staes as hereinbefore set forth. not only because said sections in themselves discriminate between the cit izens of the State of Alabama and invest the Board of Registrars with an unrea- sonable discretion and arbitrary power, and were enacted and adopted for the purpose and intent of denying to peti- | tioner and his race the equal protection of the laws of Alabama. and with the
 
 ing petitioners right to vote. and the right of his race to vote in the State of Alabama. on account or their race and color and previous condition of servitude. guaranteed under the Fourteenth and Eff teenth Amendments to the Constitution of the United States. but because the de fendant Board of Registrars and every other Board of Registrars in every Coun- tv of Alabama who were charged with the administration of said sections, under said Constitution, and acting under and by virtue of the same have refused to register the great majority of the negro citizens of the State of Alabama, esti-' mated to be no less than 75000. who were qualified under the law, for no other req son than their race and color and pre- vtous condition of servitude; while white nations were registered by said Boards as hereinbefore set foixh, which acts on the part of said Boards Is a denial by the State of Alabama to petitioner and his rage, the equal protection of the laws and a denial to him md his race by the State of Alabama of their right to vote because of their race and color guaran- teed by the Fourteenth and Fifteenth Amendments to the Constitution of the United States. and prays the court to is sue an alternative writ of mandamus to said defendant Board of Registrars, com manding them to register as qualified the books provided therefor the name of petitioner and all other qualified mem bers of his race under the Constitution and iaws of the State. If Alabama exist 1S0, iS1. 1S3. IS4. 1sS. 1s6. IS. and iss of Ar ticie VIII of tie new Constitution of Ala bama notwithstanding and in disregard of the provisions of said sections and is- istra tion. anc further commanding said Board of Registrars that they shall not refuse to register petitioner or the mcm- hers of his race o.l account of their race aaJ hat to foFf be ra hsmed neGofa in 's said Sa"s w i & @ why they shall no: be com, nelled to register petitioner and his race as herein prayed for. and that the alternative writ of ndndamus shouId
 "Wilford H. Smith.
 "Attornev for Petitioner.I
 Giles makes afidavits that the state mcnts made in the petition are true eN- cept those matters stated on information and belief
 Accompanied by Afidavits.
 The application is accompanied by ex- tracts from the acceptance speech of Hon. John E. Knox. as President of theSCon- sttutiolal Convention, the proceedlngs or the Convention while the suffrage article was under consideration including several speeches made by the delegates on the suffrage question and by numerous afli- daVits.
 1 lion are signed by Jackson W. Giles, Will | liam J. Lawrence, James L. Jeter, Kin | chen Harris Edward NJ. Dale, Charles Mckinney Nelson Bibb. negroes of Mont gomery County: Ebert Thornton and J. | B. Dodson. Legroes of Barbour county | Daniel Biniard. negro of precinct S' | Elmore County J. s. Guthrie. James lfor- 1 ton John Gibson. negroes Of Morgan 1 County. and Riley Clark, d negro Of Lime | stone County. These negroes swear that | they are of good character; that some ot | them own and pay taxes on property ana | that they have been arbitrarily denied the | right to vote because of the fact that