The Birmingham age-herald., 1904-08-21

southern constitutions let us see whether your further asHumptlen of an "arsful evasion" of the fifteenth amendment is warranted. All the constitutions of the southern states which have acted on thiH subject In the main Hgree In their pro- l visions, There are some differences not necessary to be noted. Let us consider the Alabama constitution, In the first place assuming the necessary age, residence and l poll tax qualifications and freedom from 1 conviction of infamous crime, all negroes can vote in Alabama.
 (a) Who own three hundred dollars worth of real property on which the tax for the preceding year has been paid, sr
 (b) A similar ownership of three hun dred dollars worth of personal proper l ty or
 Co Similar ownership of forty acres of land without regard to value or
 (d) The husband of any woman who owns the same amount of real or per sonal property above referred to on which the tax has been paid. or
 Co Any person who can read and write any article of the constitution in the ] English language. provided such person i has been engaged in some useful occu- 1 patton, trade or calling for the better 1 part of twelve months next preceding the offer to register. This is the per manent plan in this state now in force and applies alike to both races. In one or the other of these provisions every Legro who ought to vote can vote and many perhaps who ought not. [ Right of Appeal.
 An. but you say that 1t Is the admin istration of the law that the evasion takes place. Let us see. The courts of our country are open to every citizen, white 1 or black, on equal terms. The present i constitution of our state contains the following provlsion
 Any person to whom registration .s i denied shall have the right of appeal, 1 WITHOUT GIVING SECURITY FOR l COSTS, within thirty days after such de- nial by filing a petition in the circuit court or other court of like Jurisdiction 1 held for the county in which he seeks 1 to register, to have his qualifications an elector determined" The constitution also further provides right of appeal to l the supreme court A similar provision has been Incorporated fin our state stat utes and Is found In either the statutes or the constitution of every southern state which in any manner has acted up- on this subject.
 negro, Giles Harris, of Montgomery claimed that he had been denied registra- tion by the registrars of Montgomery county, and took the case to the equity | Il. i He sued these registrars appointed un- der this constitution with the alleged pur- pose of compelling them to register hun, and averred that he possessed all the 1 qualifications required by the law and at the same time averred the unconsttu- l tionality of the provisions under which l he sought registration. His case, of course, was dismissed by the supreme court of the United States. No repu- table lawyer would have advised the l bringing of this suit which he instituted | He claimed a right under a constitu- 1 tion which he asserted was invalid. For 1 this reason alone, and there are others equally as clear, the court was bound to dismiss the case. It is d cardinal | principle that no man can claim both under and against the same statute. negro named Crenshaw in Limestone county, Alabama, county which con tains large proportion of negro popula- tion was denied registration. He thought he was entitled thereto. Exercising his constitutional right of testing the matter he appealed to the circuit court of his county, and his case was tried before a Jury of white citizens of that county. This jury brought In verdict admitting him to registration The state appealed to the supreme court which dismissed the appeal because the right of appeal was vested by the constitution in the citi- zen put not Tn the state. See state against Crenshaw 13S Alabama 506
 The negro Harris wanted an advertise nent and d sensation and he got 1t. He did not want to vote at all. If he had he would have pursued the plain remedy provided by law Crenshaw wanted to vote. He pursued the plain remedy pro- vided by the law and got what he want ed. Most men do.
 I suppose giving the right of appeal Hfffh nf ct tn aftf who may be denied registration VIII also be claimed as an "artful evasion" of the fifteenth an endement but Crenshaw. I apprehend will not agree with the con cluslon.
 The Poll Tax.
 But you ask why do not the negroes vote? The answer is, thousands do, and many more thousands more would if the educated negroes possessed the will lirgness and patriotism to meet just and reasonable requirements orlaw impartial ly imposed upon and enforced against white men. The poll tax is a scheme of regulating the suffrage which at one time or another has been enforced in nearly all the states of the Union. In some 1t has been repealed because per hitting 1t to be paid on election day has resulted in forms of bribery. This l objection has been removed in Alabama and the south generally. With us the | tax for the preceding year must be paid | on or before February 1se of the year | in which the election is held. It Is only | a dollar and half per annum. It ex- empts all persons over forty-five years | old and all persons under forty-five years old who are physically unable to work, provided they own less than five hundred dollars worth of taxable property. 1t is not a hardship upon anyone. It goes to the educational fund of the county where it Is paid, The number of white and black persons subject to this tax in Alabama is practically the same and yet | for the year 1902 only l200 negroes out of over S0.000 paid it. while more than official figures from all but two counties show negroes paid 125O white paid ss,- 407.
 Negro Education.
 Again you assert And is this scheme of those who are plotting to prevent the younger colored population from sur mounting a condition of illiteracy sue ceeds, as perhaps it will. the white race and the democratic party will have se- cured their absolute dominion in that sec ton for all time This is without war rant or foundation, The commissioner of education of the United States in his official report declares that up to 1899 the | south had spent Sl09,0000O0 for the edu- cation of the negro, and in a subsequent | report that this large sum was increas- | ing at rate of six and a half mill | Hons a year The total amount expended | " the south for the education of the nc- | gro since the war already exceeds one | hundred and forty million of dollars. of | which less than five millions was furnish