The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1904-03-26
VIRGINIA'S new CONSTITUTION.
To Deny Suffrage To Glasses Re-
garded AS Unsafe

2arO0d AS UNSAFE
WASHINGTON, March 2O.-''The vice is not
in the laws but in their administration. The
laws are valid and constitutional but their ad
ministration is in such cases Illegal"
Attorney General William A. Anderson, of
Virginia, and Attorney Frank W. Christian,
of Richmond, make this assertion in the brief
which they have Just fled with the United
States Supreme Court in reply to the argu.
ments propounded by Capt. John S. Wise, of
New York, in the the suffrage cases brought
by him to test the constitutionality Of the new
Virginia constitution.
Attorney. General Anderson holds that the
United States Supreme Court cannot declare
the Virginia constitution invalid, and that 1t
only has to do with the administration of the
laws under that constitution.
''It would be impossible" says Mr.. An
dersou, 'to conceive of statute for the regis
tration of voters under which evil administra-
ton would not be possible. Not only is this
true, but it cannot be denied that there are
very few, if any, States of our American union
the administration of whose registration and
election laws has not been in many, though
generally exceptional, instances characterized
by Partially, favoritism, illegaity, and some
times by corruption, freud and crime.
This happens not because of any vice in
the constitutions of statutes of these States,
but because of the imperfection and the weak
ness of human nature and because of the will
iugness of some election and registration Of
fcers, dominated by bitter political partner
ship or by some sordid or venal consideration,
to resort to lawless, corrupt or criminal
methods in order to control aud carry cleo
tons in the interest of faction, of party, or Of
the ring
I'VE are unwilling to believe that this Court
will ever take the illogical and fallacious posi-
ton that any valid and constitutional enact
ment can ever be made unconstitutional and
void by the unlawful, partial and uueonstitu-
tional administration efsuch law. lfso, hardly
s,law can be pointed out, eitherFederal or State
which would not go down before such rule;
for there is no law, capable OF being malad
miustered, which will not ordinarily be malad-
minstered sometimes, and we know that the
most salutary statutes are often SO abused by
those charged with the duty Of their execution.
The Right Te Vote
The argument for the applicants Is founded
upon the fallaey that the right TO vote Is
natural, primary and an absolute right. IL
is unnecessary to relute such a proposition.
for it is and has been too often settled that
suffrage Is a relative and purely statutory
whom organized society or the State may see
proper 10 confer It. If this we're not true, all
of the members Of the body polite, Of what.
ever age or sex or mental status, would be en-.
titled TO an equal voice in the government.
Under the fundamental law Of this representa-
tive republic the Stale has the right to deny
this power To any Of its citizens whom il con-
siders that il would be unsafe or unwise TO
iRtrust with Its exercise and the only limit
alton upon this right is that il shall not be
used so as ta exclude from Suffrage any person
merely on account of his race or his color or
his previous condition Of servitude.
VIII Affect other Races
The immediate aud remote consequences
involved IN the decision of these issues. when
ever they are presented in cause ia which
they can be properly adiudicatea. are SO mo
mentous that they challenge the most earnest
consideration Of the jurisi aad toe patriot;
''Il is true that they involve the question Of
suffrage SO tar as the right to It's exercise Is
based upon intelligence, upon the possession
OF property, or upon military service 10 tine
Of war In this way It affects .he descendants
Of the African aud the Caucasian races With
out any unconstitutional discrimination. Tor
the State has in making any distinction seized
upon characteristics which are ia a large de-
gree possessed by both races. Its adjus:ica
ton will not only 10 this WAY affect the subject
of Caucasian suffrage and African suffrage 10
the States Of the American Uaiou, but also
that Of Monaghan aud Malayan suffrage IN
this land, which is booming into portsuloas
importance upon the horizon Of the future.
'Ia its determination THIS court Will be
asked to pronounce the Suffrage article. de-
hberztely framed by the deputies Of the Nir-
giniA people, 20 be unconstitutional and void.
and thereby 10 bring about a condition Of
chaos N that Commonwealth, WITH results the
disastrous affects Of which would be difficult
TO exAggerate-
Attitude Of The CoaFt
1--WE know that this court should not, and
will not, hesita,aie to decide any question Of
which it has adequate jurisdiction according
to the rghi-sveu one involving such couse
qusnces-where the unconsutufIonality Of q
law has been clearly established. Bat ne
submit that It vii 90, do this in any csss Of
doubt: that even il IL we're not manifest, as &c
believe il 70 be here that there IS 90 aiscrim-
inAiion in this suffrage hriicie oa account OF
rece. color OF previous eoadiuon Of servi,ude.
this court would pause before il would bold
saeh an act Of State 10 be unconstitutional.
II is impossible TO calmly and dispASsioaately
consider the question Involved without being
forced 10 the conclusion that they are questions
OF political character. aHscIiug not ouly
governmental action. but the Fundamental
political rights OF the people Of The Stale aud
their relations to the governments, State aud
national, in such a manner aud in such de-
gree that any adequate relief is entirely out.
side Of the province Of the courts, aii4 that
the remedy 10 any such case, II wrong has
been perpeirated, can oniy be afforded aHd
administered by the political department OF
the government or by the people themselves
IN their organized political cApaciy.
Not For Tlse Judiciary.
such matters are clearly withia the domain
Of political and legislative action, where, how.
ever injurious the consequences Of the meas.
ure adopted MAS be, certain political and
probably social chaos and coufasion aud dis.
aster can alone be remedied and miuga;ed
Il is right. therefore, tina, the courts should
not take jurisdiction OF this case or Of ans
other case involving political rights, .ae exis.
tence Of the organized government and the
governmental functions Of the people Of s
State within the sphere Of State action. aud
jurisdiction"