The Montgomery advertiser., 1902-06-25
ORGANIC LAW IS ATTACKED Negro Seeks to Bring a
 Test Case. SUIT AGAINST REGISTRARS Asks for Award of $5,OOO Damages. Declares He Was Refused Registra-
 ton Solely on Account of His
 complezion-His vari- ous Allegations.

Coiored Mans Suffrage Associa.ion, through his attorney, Milford n. Snh.n' a negro lawyer from New York, hiea yes terday a suit in the City Court oi Mohl gomery for $500 against the boa'u Registrars of Montgomery County. com noseS of Charles B. Teasley, E. ]. Harris and w. A. Gunter Jr. Giles claims dam- ares for their refusal to register him ana issue him a certificate of auaiincation as an elector, and the suit IS m enecs test of the new Constitution.
 |, is expected that Giles's suit VIII come nm for trial at the October term or the Civ Court. The case will be carried rom inc City Court to the Supreme Court oI Alabama, if the decision Of the lower court is against Giles. and from tneIe ,. will be carried to the Supreme Court or the United States.
 Giles is janitor in the Federal puhulns. He was one of the organizers or The Colored Mans Suffrage Association. the obiect of which was to raise money amons inc negroes of Alabama to test the new Constitution Giies's name was signed 70 the petition which was recently presented to the Supreme Court of Alabama. asking that an order be issued directing the Reg istrars of Montgomery County to place his name on the list of registered voters. This petition was denied by the Supreme Court on tho ground that the matter should have originated in a lower court
 Gileg's suit in the City Court IS an effort to test the Consultation on a new line. The complaint consists of nve closely typewritten sheets, and IS signed by Jackson W. Giles, appearing Tor himself and by "wilford H. Smith. a member of the bar of the State of Mis- sissippi, appearing in this case by specaai perrnission of the court
 The principal paragraph in the com piaint says:
 .'The plaintiff in the above entitled case claims of the defendants the sum of nve thousand dollars damages for wiltuliy and wrongfully refusing to register hinl, ana to issue to him certificate o1 qlati- faeatiora as an eiector in the State of Ala bama. under the Constitution and laws of said State, for no other reason than his race and color. the plaintiff being a person of black complexion and of Afri- can descent known as a negro. and duai- flied under the law: and the plaintiff claims that said defendants thereby wil- fully and wrongfully deprived him or his right to vote, guaranteed under the first section of the fifteenth amendment of the the Constitution of the United Staes."
 Giles alleges that he applied for regis traitor on the 18th day of March, while the bOdTu was III hcSoiOu Ut thC tNuA ' house. He says in his complaint that he complied with all legal and reasonable requirements of said board.
 The board. he alleges. refused large numbers of negroes similarly situated and qualified. while all white men were registered and given certificates without a question being raised as to their right or qualification. He alleges further that the board required him and all other ne- groes to furnish the testimony of two white men as to their qualification and character and refused to accept the tes- timony of any colored person, while all white men were registered without any proof except the oath of the applicant.
 The complaint claims that sections 1OS, lS1. 1S3 1s4, 1s5. 1S6, 1S7 and iSS of the new Constitution were designed to deny and abridge the right of negroes in Alabama to vote on account of their race, color and previous condition of servitude. with out disfranchising a single white man. The complaint further claims that the Constitutional Convention which adopted the new Constitution was composed en- tirely of white men. although the popu- lation of the State of Alabama Is com posed of 100, ,l5l white persons and ST. 545 colored. The complaint names twen- ty-cne countiez, in which, it iE claimed. the negroes out number the whites but in spite of that the counties were repre- sented in the convention by white men.
 The meat of the complaint, however, is the paragraph attacking section lSO or Article of the Constitution. This Is declared to be Tepugnant to the four teenth ard fifteenth Amendment of the Cor stitution of the United States, in that it diviCes the inhabitants of Alabama Into two classes with unequal require
 gaaa 6n Qi st ates that subdivisions one and two of section 1s0 discriminate against the negro in Alabama on accoLnt of their race, color and previous condition of servi- tude
 It charges further that subdivision three cR the same section Is too loose and general in not defining what kind of good character a citizen must have and what duties and obligations a citizen must understand Wnder a Republican form of Government. It is further stated that the subdivision invests the regis trars with arbitrary powers.
 The complaint alleges that section iSi of the Constitution is repugnant to the fc: rteenth ard fifteenth amendments of the Constitution of the United States in that it is intended to especially apply to negroes in Alabama and to force them to wait for registration until 1903.
 Section 1s6 of Article of the State Constitution is also declared by the com plaint to be repugaant to the Constitu- ton of the United States In that 1t cre- ates g board composed of a partisan white men and. 1t is alleged. that the pretended right of appeal was given to more eftectually hinder and deny the me- groes right to vote and not with a view of accomplishing their registration, be- couse negroes are excluded from serving on iuries in Alabama and negroes who annesled from the decision of the regis trars would encounter the same preju- dice and obtain the same results as they received from the registrars.
 The complaint closes by declaring that the new Constitution is an artful attempt to evade the fourteenth and fifteenth