The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1902-07-15

he denies any knowledge of the PROPOSE
ton referred to by Senator Simmons In
the one instance It is a policy which he
denies, and that is the policy referred
10 by me. In the other it is a proposition
which he denies, and that is the PROPOSE
ton referred to by me. No one will
contend that this is a specific or any de-
NAL of q purpose to attack the amend
mcnt. No one will contend that it is an
assertion Of a purpose to accept the
amendment.
Nov | charged upon reliable infOrma-
ton that it was the purpose of the Re
publican leaders, by the use OF money
(and [ might have added Federal pat
ronage) to stir up strife and disscnsion
among the white people who vote the
Democratic ticket and to encourage in
apprehension and promote boiling Of
Democratic nominations. The Senator
denies this. Can we accept his de-
NAL? Has not that kind of a campaign al
redy been inaugurated? Has it not made
open progress in North Carolina since
nv interview was published? During the
past week, on the 4th of July, W promi-
ncnt 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 pa
triOtic occasion to criticize the Demo
cratic party and to make an appeal to
the people for independent action. Does
anybody doubt what they meant? In the
last few days d we'll known gentleman
in the central part Of the State
has been approached by a
leading Republican with the PROPOSE
ton 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 a Federal office? Is
there anybody in North Carolina who
does not know the Republican party is
using today all the resources it can en-
ploy to bring about a Democratic bolt Of
the nomination Of Judge Clark? who
does not know that they are now and
have been for weeks industriously seek
ing to get some Democrat to consent to
the use of his name as an Independent
candidate against him? That has become
an open secret
This part of the policy this part Of
the proposition this part of the con
spiracy' deals with the present. In the
face OF the situation in North Carolina
today and the development of the last
week, does anybody doubt that this part
Of the program is being vigorously put
into execution? The other part of the
| policy or proposition or conspiracy
relates to the future, and for myself |
| nave no doubt if, when the time comes,
| it shall be deemed eXpcdient for the pur-
| pose of the Republican leaders, it also
Will matcrialize.
The Senator also says in his answer
| 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 difficulties. He
| argues that the poll tax feature of the
amendment is clearly constitutional. and
says that any one versed i'll
legal procedure must 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 would bring
! this suit would of course not only allege
in the pleadings' that the complainant
was denied the right TO vote because he
had not paid his poll tax, but that the
| provision of the constitution requiring
the payment of poll tax was a part of the
| section of the constitution which con-
tains the grandfather clause, and that
| the constitution provided that the whole
should stand or fall together, and that
therefore if any part of the section was
in conflict with the constitution of the
United States, the whole was unconstitu-
tional and that the complainant was be
ing deprived of his right to vote under
an indissobly connected unconstitutional
enactment.
Die we not amend the amendment be-
cause it was claimed that I'M
less it showed upon its face that it was
the purpose of the Legislature that the
whole should stand or fall together, a
part might be constitutional and
a part unconstitutional, and did VIC
not say that we would not leave that to
inference, and though the legislative In
tent seemed clear we would SO fix the
amendment that it would be impossible
that any part of it could stand if any
part of it was held unconstitutional
/ do not believe there is a
lawyer in the State including Sena-
tor Pritchard, who does not know that
If any part Of this amendment be uncon-
StitutiOnal, a voter who loses his right
to vote by virtue of any other part OF
it can appeal to the court for protection
upon the ground that he is being de-
prived of his right by virtue Of an un-
constitutional law. l have discussed this
matter with three of the ablest
lawyers in the State, and they all
express the unqualified opinion that the
constitutionality of the amendment can
be attacked in this way.
But Senator Pritchard says his
party does not propose to attack the
amendment in the way | have
indicated. That way, he says
he thinks would be beset with legal diff
f%lculties. The question is does he pro
pose TO attack it at all. His position re
minds one forcibly of the story of the
negro parson who cnquircd of his new
convert at the end of tho first week of
his period of probation as to whether
he had committed during the week any
of the sins he was known to have been
addicted to. Asked the parson: "Have
you stolen any hogs this week?' No
parson.' Have you stolen any turkeys
this week. n parson." Have you sto-
len any chickens?" mo, parson."
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