The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-12-11
Negro Lawyer Says Constitution
Is Worthless,
EXPECTS FAVORABLE END
Says AIabama's Constitution Is Not
Worth Paper 1t is Written On
and That II VIII Not
Be Upheld.

w. H Smith, a negro lawyer of New
York, addressed a large assembly of ne
groes at the First Baptist church, col
ored. last night in which he stated that
the new constitution of Alabama was
not worth the paper it was written on,
and that the negroes of Alabama could
rest assured that it would not be upheld
by the United States Supreme court.
A mass meeting of negroes was called
for last night and another one will be
held tonight at the Sixteenth street
church, Southside
In addition to the speech of Smith, c.
o. Harris and j. s. Davis of Mobile spoke.
Giles. the negro who went into the courts
asking for an injunction against the new
constitution, also made a speech. 1t Is
this case that is now before the United
States Supreme court and TO raise money
to pay the expenses attached thereto the
negroes are holding mass meetings.
In his speech to the negroes last night
Smith was temperate In his remarks,
stating at the outset that he was not in
Alabama to stir up strife, but to tell the
negroes that they were sleeping away
their rights to vote and sit upon juries,
He said the greatest friend the negro
ever had, or ever will have, is the south
ern white man who once owned slaves,
but that when these had died foreigners
would come in and seek to Cypress the
negro and hold sway over him.
Expects Favorable Decision.
Smith also stated that Giles had in
stituted proceedings in the courts against
the new constitution, and, that he had
come to Alabama to assist in getting it be-
fore the highest court in the country. He
said he was sure that it would be given
favorable decision, as 1t was unconsti-
tutional.
He made the statement that it would
take $S75 to pay for the record This re-
cord is lengthy and complete, and l have
put into it every mean and bitter speech
made at the constitutional convention of
Alabama. The decision of the Supreme
court will affect your rights as citizens.
and to it you should not be Indifferent, :"
he said.
He also said he found that the negroes
of Alabama were Indifferent to the sit
uation, but was glad to say they were
waking up. That when the registrars
met and refused to register the negroes
in Alabama it was a great retrograde
movement against the negroes, and the
colored people had been compelled to
submit to it.
He counseled quiet and order but said
the fight should be made in the courts,
and that the negroes would win. He
hoped to win, he said, on the constitution
of the country. and on pEecedents es-
tablished in the case of Cinnamon, cases
that had won in the highest court after
being appealed from stateUcourts.
Four Cases In Courts.
Smith said he knew Of four cases that
we're in the courts that directly con-
cerned the negroes. One, he said, he had
appealed where a negro had been con-
victed of murder by jury Of white men.
He said 1t was not constitutional for an
exclusive white Jury to try and sentence
a negro If a negro was not allowed to sit
on the jury and that in Texas he APP
pealed a similar case and won it, and
that at present negroes sit on jrries in
that state.
Giles spoke next, saying he refused to
ask two white men to voucn for his good
character upon being asked to do so by
registrars when he requested to be regis
tered. He then began to think of the
great wrong perpertated on the negroes,
and resolved like Pc trick Henry, to
take up the matter myself and 70 into
the courts, and If need be die for the
cause You all know " hat Patrick Henry
said; well, l just selt like that.
At the conclusion of the. speaking $50
was raised to assist in the payment of
the cost Of the case now before the Su-
preme court.