The age-herald., 1902-05-07
AIege They Were Kept from Voting Though They An-
 sWefed the Questions
SUIT WAS BEGUN BY 4
 NEGRO FROM NEW YORK
One of the Petitioners Makes Affs- davit. In Which He Gives Long List of Questions Asked Him
 By the Registrars.

1 Oy tHc hSgIStrafS.
 montgomery May 6.-(SpeciaD-P ceeolhgs were filed in the Alabama Su- preme Court today to test the suffrage afucles Of the new constitution of the state. It is claimed that the state con- stitution is in conflict with the four teenth and fifteenth amendments of the constitution of the United States The proceedings were filed by Milford H. Smith, negro of New York The tile l of the case Is as follows:
 Jackson W. Giles vs Charles B. Teas ley ct al. board of registrars of Mont gomery county application for manda- mus. The petition for a mandamus asks that the Supreme Court of the state issua an alternative writ of mandamus on the registrars of this county requiring them to register Jackson w Giles and all other negroes Who are qualified. It further asks that the suffrage article of the new constitution be declared null and void as being In conflict with the federal con stitution.
 The petition is supported by an affidavit rom Giles and other Montgomery ne. groes as follows: "W. j. Lawrence James L. Jeter, E. Thornton. K. Harris Edward M. Dale, C. Mckinney. Nelson biob' Daniel W. Binlard. The last named sishihg by his mark. All recite about the same thing, that they applied to he registered and were refused on accoun+ of their color and so on
 Some Hard Questions.
 only one of the negroes sets ont tn.
 ons "nich were asked of him by the registrars. He swears that the re.,Is-
 var put 10 him the following questions to determine his knowledge of the dut,e. ana opiigatio1s of citizenship under a rs. puohcan form of government: Have you ever lought In any war? What state did you i've in? What relation does your state bear to the United States? Who iz the Governor of your stateo What Ia your Idea of a republican form of pov- ernment? What Is limited monarcby7 what islands did the Unted States come In possession of by the Spanish-American | war! What are the duties of Jeffersonian Democracy and the Calhoun principles ss compared with the Monroe doctrine? If | the Nicaragua canal is cut what will be the effect if the Pacific ocean is two fear 1 higher than the Atlantic? Thornton goes | on in his affidavit to swear that he an- swered them all correctly
 Othe- affidavits aie flied from J. B. Dodson of Barbour, and J. S. Guthrie, James Horton. John Gibson and Riley Clark of Morgan, the last three named signing by their mark. The local affida- wits were made before United States Commissioners Fillmore and Dawson exr cept the one by Nelson Bbb before Jus tice Williams. The petition sets out at great length the grievances which the negroes have against the suffrage pro- visions, dwelling at special length on the arbitrary power given the registrars. It declares that the purpose of the state, acting through its regular officers in holding the convention and putting the constitution into effect was to discrimi- nate against the negro It carefully re- | frains from saying that the constitution was adopted last November. using the expression with great care: Put into ef- | feet"
 Into Three Glasses.
 It declares that the temporary plan divides the inhabitants into three classes | ana imposes unequal DhTueHS strictions as between the soldier and de- cendent classes and the third or under standing class. The charter cluse Is loose | in not defining what kind of good char | acter man must show up The under standing clause does not state what | duties and obligations a man must un- derstand. The whole suffrage article tenn | porary and permanent is declared to be | an artful attempt to evade the fourteenth and fifteenth amendments. A mandamus is taken because there Is no other remedy. The negroes are excluded from the juries and the tribunal to which the con stitution prescribes that they shall ap- peal, the petit juries is as prejudiced and clothed with as arbitrary powers the registrars. In the shape of exhibits are filed speeches made on the floor of the convention taken from the official report. These speeches given in full are from the official report from which extracts are taken and are, the opening speech of President Knox, Judge Coleman, and both the Hefiins speeches on the suf- frage article. Judge Jones speech against limiting the power of the judge in ap- peals from the registrars is also given. Sundry extracts from the newspaper re- ports of the prot of registration are attached The petition declares that there are 7500O negroes in the state qualified to register.
 Asked to Set a Day.
 The court in conclusion asked to set day on which the registrars of Mont gomery county shall be required to appear and show excuse why the mandamus agianst them should not be issued. Made permanent Lawyers do not entertain even a suspicion that the State Supreme Court has any jurisdiction in the matter. ss Jurisdiction being appellate and not original. The anticipation is that the court will refuse to ententain the appli- cation or petition for want of Jurisdiction and that the case will at once be taken to the United States Supreme Court on writ of errors from that court The State Supreme Court meets on Friday and 1t is known that Smith intends to ask q hearing and make an oral argument on the jurisdiction of the court. as well