The free lance. (Fredericksburg, Va.) 1885-1926, 1904-04-07
vRGINIA's ELECTION LAW.
Its Constitutionality Argued Before
u. 6. Supreme Court.

v. :. Supreme Court.
The test case brought by Capt. John )
Wise, of New IOrk involving the VALIDITY
of the franchise provisions OF the new
Virginia Constitution, was opened for
argument before the United States SU
preme Court Monday. The feature Of
he proceedings was the manner in which
negroes from Maryland, the District OF
Columbia and Virginia swarmed about
the doors OF the highest tribunal in the
land and crowded into the histOri,
chamber, occupying the limited space sci
apart for visitors, to the exclusion Il
white men interested in cases.
This Was brought about by an organ
zed movement among negro leaders sun
day during church services in the De
trict of Columbia and the outlying coun-
ties of Maryland and Virginia TO urgr
members Of their congregations to sp
pear before the Supreme Court in order
TO convince that august tribunal thai
the negroes meant business. Monday If
yet aside generally for handing down de
cisions in the court, and there were a
number OF interesting cases which whit
nen desired TO hear, but few OF them
were able to get into the courtroom
,,apt. Wise, who appeared as the repre-
sentative of VIM. III. Jones and Other
plaintiffs 10 error, was assisted by Jamet
II Hayes, a negro lawyer from Rich
mOnd.
Mr.. Wise occupied the greater part Of
the lay and was followed by Hon. Vii
liam A. Anderson, Attorney General OF
Virginia, who had scarcely begun bis ar
gument when the court adjourned
Summarizing his case at the close Of
oils address, MIR. Wise contended that
the Virginia Constitution was null be
cause the convention by which it war
adopted never was organized and be
cause the instrument never was submit
ted to a vote of the people OF the State
The Constitution, he declared, was 10
eontraventiOn OF the Federal COnstitu
ton, and he urged upon the court the
Importance OF the case 10 the negroes,
saying that with them it was question
Of liberty. which they believed TO be
guaranteed by the Federal statutes.
III" he said, there Is no protection
for them here, then all their pretended
vested rights are but as sounding brass
and a tinkling cymbal True be said
they would be citizens with the obliga
ton of citizens, subject to be called upon
TO perform the service of such, bat ia me-
position to claim the advantages OF Cit
zenship and without any right to claim
protection OF the laws of the land.
In the few words uttered before ad
iournmeut Attorney General Anderson
entered upon contention TO prove thai
the suit was ia reality a proceeding
against the State, while protesting to b.
directed only at its officials. lie took
issue with Mr.. Wise's contention that
the new Constitution was irregularly
adopted and In support OF his argument
presented vast array OF facts bearing
upon the action of the constitutional
convention.
Argument was continued Tuesday by
Attorney General Anderson and +. w.
Christian, both OF whom contended for
the validity OF the suffrage clause OF the
new State constitution, which is attacked
by the proceedings. Mr.. Anderson dealt
especially with the constitutional ques.
ton involved, arguing that as the suf-
frsge provision makes no discrimination
on account OF race, color, or previous
condition OF servitude, it does not conflict
with the fifteenth amendment, and that
when that amendment is not violated
each State has an unquestionable right
to regulate its own electorate. He went
80 far as to say that in determining
what the qualifications Of voter shall
be it Is competent for the State to fix as
tests OF fitness characteristics which,
though possessed by both white and
colored citizens, are possessed by the
whites In larger proportion than the
blacks"
QUALIFICATION or VOTERS.
As illustrations of such qualifications
he included those OF intelligence, military