The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-03-23
IllV.'v'llv||'CI |
O | |. N
The States Defense il the The S s Den
Sufftage Cases Outlined li3n q ,.5
5siss iilstts8 Bricf.s I}8
sUP oRrED B DECISIONS |: ( 1 s q Ms },
Six Postlilates YIhicl,Mf Control
Decision ofstlic3 Pendin SS
58Ssis Virginia Case. s'I ..,ssS


The brief stbnltted by Attorl ey-G Gen.
eral William Al Anderson and his asso-
iclate M Nj FRANK W.. Christian In the
ease 81 William S. seldcn and others vs.
Andrew j. Montague oyetnolrss Of itSVi ~
glnia. and others, constituting the Slate
board of catvassers Of tt,ginia,s popular
5lykhowrl as the suffrage cases 4 has not lt
been adequately presented lie press re-
reports emannting from, altinoc - and aud
iNyashiilgton Il " x II ~ Tx A
n Tile contention 81 The d ttorneys for the
state Is very clearly stated II, the I'll
lowing .irre futable post,ilates'' which, HIGH.
according to the counsel. must control l1:ti
the decision inBYlrginla cases II
3Sg (. TheS Stutos ofSthcS Federal Union
I, ana the States alone. are vested with
9pena,.y power and discreet ion to a. d -
tsrmine who shall be lothed with the tn q
duty, the privilege and the tn rig IT gof
tio, inrescrrtbed inttfe iftcentii9 amend. 8
t5sllnent to tie Constitution OF the United II
states that tho right to NO tekshaIll not
BE denied 81 abridged Oil v ac coun q 81 ~
race. color or prov lou contt1li ton 81
seHvttude. sY% 5 3 y IN q S5 /,
II III 2. Any qualification for the exer.
ciso or the duty. nrivilege and q rig 81 q 4
OF voting which does not deny ltI1 I, Or o.
III abrldge that fight because s.of me Y. 8
race, colo or ous SO ditlo ot5
Il n servitude OF The citizen may be pre-
scribed BY the State. ,s$ 3sys y}s
88tti5is THOSE citizens n Of a. State Who
5t By Its laws framed In con formity with 4
# the Limitations Il the&flftee haam e.
ment, are made N to cons titllte Inc
Fl 4 electorate Who shall choose the men.
4 bers of6the most nunc ous branch ell: 9 { 4
5 the Legislature OF such State, are are y
II mad 8 Fed cral electors, by clause 4 @
section 8 If article l. OF he f'ed era!
Constitution. and assured the rig ut 70
81 5yota for members 2of the House & O. Z
Y Repres entatiVes. II Y y. N 5
S55-Nhilc any such L raj ele ctors
Will have 4 d cause Of action gasinnsst
& Il any election officers Of the State who j
Ss shall wrong f,llly deny lin the exercise
e Shis right TO vote at an Z edersal
election. such right to vote ~ a q a ny
+ such election. though founded \ ana
assured by the Federal Constltn y o.
is primarily derived from the state
and does not exist when the o,a.e i ta.,f
withheld the grant of sucf9T htE1oo OF *
any ca use or upon any ground o. n I,
than the race color or prey iousA condl-5
tinn Of servitude Of the citizen e
s8}'5 XII Subject to tho limitallonS p thc
Efifteenth lame ndincnt, the genera GOV
eminent. provided only hat as t' :
must be no denial or ibrid gneenlt q of IS
the Srightto vote ION "a cco,n z OF 4; g ace,
color or previous condition 1r q OF u SET 7r,5
yitude. n .l3 s5 Y I, :, III
g. III determining what the qua iaI j Il
cations OF voter shall be. %it Is ,s5 conf
netcnt for the State to fix. as tests Us
OF Fitness, chara cteristics when !'l;
though $possessed by both White ana 7 I
colored citizens arc posscesSed. ~ ne
whites Iii larger pro port lon tna y t ll
blacks; forginstancea he gu 2 if1ca tloi's
5of2 intelligence & litary service IN
time or war, the ownership OF prope En-
tv'ior othcrJq,ialiti OF attributes
whicl, are not based on the race, cSo ,ls
or previous condition of scrYltuoes O +
the citizen.
These six distinct and clearly statee
PROPOSITIONS are established and susr
t.,inad nv seven cases quoted and refer
rod In In the brief. ono of these ant
ono of the chief ones relied upon is ina
NJ Williams rs. mississippi case involv
INC the precise questions presented y
ln Virginia cases, The petitioners. rer
resented by Mr.. Wise, rely largely on -
| y-ic,s 84.\Yo I: case, which the State u con
tends is not applca bic to the case cas-. 1ln ''
! Tie postulatcs quoted are the s1st3 9
tho contention and clearly ne az fine IN
position assumed by the couns gel; LOT ~
/ State of Virginia. IVA ,s55s 3f