The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1903-05-01
MOONS PHASES

DoEEhiEPas:sr ans Fms GQ Taigs 10 1o: Il
G2M Es5i II a. s: M. G)M SSM rs D Si "a
TIE NEGRO CAN BE DLSFRANCASEE
On Monday, the Supreme Court OF
the United States handed down an
opinion, which is of the greatest i'm
portance to the Southern States, al
though the press dispatches, which
have been published, are so meagre
that it seems almost impossible to
comment intelligently upon this I'M
portant construction Of the ballot
laws of one of our States. The case
decided was that of Jackson ".
Giles against the registration board
of Montgomery county, Alabama.
The appellant is negro resident OF
that place and he was not permitted
to register or vote at the last county
election. He filed Il suit in the name
of himself and $1,000 other citizens"
against the registration board ofthe
county, in the United States Circuit
Court. The Judges Of that tribunal
ruled that they had nothing to do
with the matter as it was out OF
their jurisdiction.
Giles counsel took the case before
the highest tribunal i'll the United
States and asked for 4 ruling by the
Supreme Court. His petition states
that he and others were denied the
right to vote by the provisions OF
the Constitution of Alabama; that
they were denied this right because
of their race and color and that in
so excluding them from the s rage,
the new Constitution of Alabama is
in contravention of the Constitution
of the United States. Itappears that
the decision of the Supreme Court
was that the relief prayed for cannot
be granted under the form Of action
which was instituted. The decision
was by a divided Court, Justices
Harlan, Brewer and Brown dissent
ing. If the bill was dismissed on the
grounds of mere technicality this
decision Of course, is not final If,
however, later reports show 4 differ
ent state of facts, it will be legal for
any State in the Union to disfrancllise
the negro and keep him from voting
OF at least prescribe certain qualifi-
cations before he be allowed to cx-
ercise this privilege.
Justice Holmes, who delivered tic
opinion of the Court, made quite an
extended statement from the bench,
reciting at some length Giles petition.
The case had been dismissed below
for want of jurisdiction, but the
Justice said that majority of the
Court was of the opinion that the
Supreme Court should not conhne
itself to the question of jurisdiction,
but should consider the case on its
merits. He then announced that II
would be impossible to grant the re-
lief asked. Hepointed out that while
Giles is contending that the franchise
system of Alabama is a fraud, he de-
clares his competency as a voter
under it, and closed by saying that
it was beyond the power of a court of
equity to grant the petition.
This is the first case in which the
right of States to adopt the dis
franchising clause in their constitu-
ton has been brought directly before
the Supreme Court. \ case some
time ago came up from Mississippi
which dealt with the exclusion of tic
negro from jurics. 1t was thought
that in that case the Court would
decide the suffrage question also, but
it did not; Apparently the United
States Courts have been i'll no hurry
to make any direct decision on this
important matter, which is now
agitating the minds Of every citizen
south of the Mason and Dixon line.
OF recent years a number Of the
Southern States have been framing
constitutions in such a manner us to
disfranchise the negro without COM
ing in conflict with the Fifteenth
Amendment Of the Constitution of
the United States. 1t has been their
object to disfranchise as few whites
as necessary at the same time. BY
the Constitution of Alabama, which
has Just been called into question,
the ballot is given to all maic citi-
zens of the State who possess the
qualifications Of age and residence,
and have served honorably in any
war in which Alabama was
concerned; and to all their lawful de-
scendants; and also to all persons Of
of good character who understood
the duties Of citizens provided they
were registered prior to December
Goth, 1902. Those who were so
registered became voters for life.
Now that that day has passed no one
can register to vote unless he is able
to read or write and is engaged in
some lawful occupation, or is the
owner or the husband of the owner
of not less than forty acres OF land,