The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-06-26
which strengthens thewhole digestive syst
No Verdict as to Simpson.

| The District Court was busy dur
ing most of its session yesterday IN
the case against o W. Simpson, Of
Rutherfordton, who was indicted be-
| cause it was alleged that ne had
w~rongfully refused to allow Rev. J. L.
| Black, a colored clergyman, to register
and qualify for voting. Attorney
General r. D. Gilmer and Mr.. Sol Gal
lert. of Rutherfordton appeared for
Simpson, while the government was
represented by District Attorney A. H.
| Price. The case went TO the jury yes
| out and there seems no likelihood that
| it will agree.
Black was the only witness intro
duced for the prosecution. He was de-
MED registratioTSY e said, because he
had spelt divided "devided," and he
declared that when he attempted to
| qualify for registration Simpson had
| said to him We We're in hopes You
would not attempt to register, but
would do like the negroes in South
Carolina" Black holds a first grade
| certificate as q public school teacher
| IN Rutherford caunty.
Simpson, himself, was the only other
| witness on the stand; and he was i'm
mediately asked to e a copy of the
| constitution, which was handed him
by District Attorney Holton. MI.
Simpson read. in rather a hating FASH
ion, n pronounced country county
but he instantly checked the smile that
was becoming general in the court
room by his unhesitating admission
that he would have denied himself the
| privilege Of voting if his ability> to
, read the constitution correctly had
been the test applied.
! When the evidence had been con-
| Guided, Attorney General Gilmer asked
the u to give the jury special in
that the jury could not bring in a YER
dict of guilty, even if the defendants
I guilt should De determined, for the
reason that the statute under which
the bill Of Indictment was drawn, Re
vised Statute No. $50, was not in Oper-
alton at the time the violation of the
law was alleged to have occurred.
Judge Boyd ruled that the bill of IN
dictment was sufficient, if the defend
ant was guilty of discriminating
against Black, on acCaunt of his race,
in denying him registration.
In his argument, Attorney General
Gilmer contended that the District
Court had no jurisdiction over the
case; that the right of suffrage IS o
a necessary attribute of national citi-
zenship, and tht the right to vote in
the states comes from the states.
In concluding his exhaustive
ment, the Attorney General said:
In the present proceedings, 10 con-
spiracy is alleged, and it could not be
instituted under Section 550S, nor
could it have been under Section 55O7,
as there are no threats or bribery
charged, neither can it be supported by
Section 2004, as no penalty is pre-
scribed. The prosecution, therefore,
is compelled to rely upon Section $50.
which, as We have heretofore contend
ed, had no application to the right Of
suffrage, but only to a civil right.
Even if the section did apply to the
question of suffrage, the defendant in
this case cannot be convicted. The in
hibition of the amendment is directed
against State legislation, and Congress
does not undertake to punish errone-
Gus action under a valid State law.
United States VS.. Hrris. 100.
Nearly all of Reinforcement Acts
have been swept away, either by
congressional action or judicial inter
probation, and there only emains upon
the statute books the sections men
toned by the District Court in United
States VS.. Lackey. 80 Federal Report
er. h~ereinbefOre referred to. After
Congress had repealed all sections le-
| lating to the presence of marshals ut
the polls, and the power and authori-
ty of supervisors in controlling cleo
tons. it can hardly be supposed that
Congress would have left the most
dangerous right of federal judicial in
reference in elections
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