Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-04
New Election Law Argued in
Supreme Court.
JOHN s. WISE SPEAKS
DECLARES IN DISFRANCHISING
NEGROES Is UNCONSTITUTIONAL.
Many Colored People in Court and Cor
ridors to Show Their Interest
in the Case.

touay nearQ arguments by JOhn .. wise OF
Virginia In the case of Seiden and others
against the board of state canvassers and
Jones and others against the same. these
cases involving the election law Of the
state OF Virginia, which, 1t is claimed. dis
franchises to a large extent the coiored
voters.
The room OF the Supreme Court presented
a very unusual scene. Early in the morn
Ing very large number Of coiored people.
men, women and children. came to the
Capitol, and those who could not obtain adj
mittance to the court room stood In a long
line reaching from the entrance to the r0-
tunda.
These colored people were from the Dis
trlct or Columbia in part, but large num-
per OF them were from the state Of Vir
ginia, their presence being visible pro-
test against the enforcement Of any law
which has for its purpose the disfranchse-
ment of their race.
The reason for the presence of so many
colored people at the Supreme Court room
was the announcement in all the colored
churches of the city yesterday that this
case was to come up and that the colored
people sh6uld be present to show their in
terest. Colored people in Virginia had
written to the pastors of chur ches here ask
ing that this announcement be made.
The gathering was a very orderly one.
Those who gained recess to the court room
listened attentively to the arguments of
these cases.
Mr.. Wise's Argument.
Mr.. Wise reviewed the present state
constitution of Virginia, which 1t was de-
clared had been adopted with an under
standing that it should be submitted to a
vote of the people before it should become
effective. but after that promise had been
made throughout the state the convention
of one hundred delegates voted against such
action.
Mr.. Wise, speaking of the manner in
which the constitution had been put in
foce. said:
That forty-seven members of the con-
stitutional convention attempted. in vio-
lation of every pledge given by their
party, without any constitutional or stat
utory authority, to act definitely, in def
ance of the law under which they were
assembled to impose upon the voters of
the state of Virginia as the organic law
of the state a constitution embodying
many subjects never heretofore en-
braced in any constitution of Virginia,
never submitted to the voters of Virginia
for their approval. and framed and in
tended to disfranchise two-ffths of the
voters who elected the delegates to the
convention, or as many as the appointed
agents of the dominant faction should
thereafter see fit to deprive of suffrage.
That the design last referred to is mani
fest in sundry devices inserted in the con-
sttution under pretense of guarding the
cieCtUTdi FRANCHISE, as IOlIOWS.
That under the constitution and laws
of Virginia they existed when the con-
vention was assembled the lawful voters of
Virginia. that is to say every male twenty
one years of age who had been a resident
OF the state twelve months and of county
or town in which he offered to vote three
months next preceding any election, was
entitled to vote. provided he was duly regis
tered"
Charge Of the Complainants.
nant faction in the convention deliberately
planned to destroy the electorate fixed by
the then existing constitution of Virginia
and to that end attempted to repeal the
registration law above referred to without
submitting their action to the people con-
trary to the powers of the convention The
increased the term of residence of voters in
the state to two years, and in the country
or town to one year, and in the precinct to
thirty Days.
To these qualifications it added the re-
Guirements that the voters should be regis
tered and should pay a state tax. 1t added
to these requirements and annulled the
pretended broad grant of franchise by re-
quiring by that there should be a new gen.
eral registration in all the counties of the
state during 1902 and 1903 at such times and
III such manner as might be prescribed by
an ordinance of said convention
Mr.. Wise further analysed the new con-
stitution of Virginia to show how in it's
practical operation 1t results in the dis
Reimbursement of colOred voters. The con-
stitution provides that the boards of regis
tration shall restrain from registry any per-
son who applied for registration except
those entitled to register under said con-
stitution prior to January 1, 1904"
The boards are given to hear evidence
ton for registration. 1t made the acts
of the majoritieS of the boards the acts
of the boards themselves.
1t finally descended to the appointment of
az ind idra 1s-ir
isterial district of the counties and in every
ward of the cities of Virginia who could be
relied upon as partisans of the faction hos
tile to the cOlored voters to carry out these
plans, whereby no one but the persons
which it intended should be registered and
allowed to vote should be placed upon the
registration lists in any ma gisterial district
or ward of the state.
Additional Qualifications.
The convention enacted into the constitu-
ton itself that it's appontees should only
register such voters of Virginia as pre-
sented themselves to them and were cti-
zens Of the United States and presented the
following additional qualifica tons:
FIRST, certain soldiers; second any son of
such soldier: third. owners of properly upon
which for the year next preceding that in
which they offered to register they had paid
at least 81 of state taxes: fourth, persons
able to read any section of the constitu-
ton submitted to them by officers of reg
lStratlon, and to give reasonable explana-
ton of the same, or who, il unable to
read such section were able to understand
and give reasonable explanation when it
is read to them by the officers
In great detail Mr.. Wise explained the
intricacies of the constitution and the
methods of voting to show a scheme by
which colored voters generally could be
kept from that privilege. He claimed that
these various restrictions We're unconstitu-
tional.
1.-THE autocrat Of the Russian empire"
said Mr.. Wise, has no more absolute mas
terry over the political forces of his en-
pire and is no more potent to control in
perpetuity the membership and organ zation
Of every representative body in his realm or
the incumbency of every Office in his do
minion than has the dominant faction of
this convention in Virginia if the ordinance
and constitution are valid
Early Settlement Predicted.
Indications point to an early settlement
OF the controversy between the members of
the locals of the International Union Of
Stone Masons and the Granite Cutters Ma
tional Union involving jurisdiction over the
setting of certain variety of cut stone.
The matter is In the hands of special
committees representing the two organiza-
ND will no bala fo,,,