The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1904-03-25
MOONS PHASES,
TIE GOVERNOR AND THE CCNSTITU-
TION.AL AMENDMENT.


TION4L AMENDMENT.
The constitutional amendment,
which has FORTS purpose the disiran-
cllsemcnt Of the larger portion Of the
negro vote, has been passed by both
branches of the Legislature by more
than the three flths ma Iority required
b. the organic law of the State, and
is now awaiting such further dispo-
sition as its friends may hereafter de-
eide When approached on the sub
iect recently Governor Warheld stat
ed that he would exercise his right of
veto should the measure be brought
before him. A number of prominent
LAWYERS in the Senate, headed by
Senator Robinson, have given an
opinion that the amendment does
not require the signature Of the Gov
crnor in order to be submitted to the
people, and that his only duty is to
see thai it IS properly promulgated.
In this view number of other excel
leut lawyers, including Mr.. Bernard
Carter, have conceded. On the other
hand the Attorney General, who is
the legal adviser of the Governor, has
given an opinion that before the
amendment can be submitted to the
people it must have executive sane
ton. This is the present status of
affairs and it seems as if neither side
will recede from their position.
Before going into a discussion of
the merits of the case it would be
well to call attention to the campaign
that was waged in the fall of 1908.
It vii! be remembered that both Mr.
Warheld and Mr.. Bryan were elected
upon a platform which pledged the
,;aridgmcat of tine right OF suffrage
20 lar as the negro is concerned. Nu-
lnerous speeches iii support of this
plank were made by both of these
gentlemen, and every assurance was
given by them that if elected they
would do ali in their power to bring
about the desired legislation. The
issue Was promptly taken up by the
Republican aspirants for office and
war was vigorously waged from
their standpoint. The people, who
were the final arbitrator of the mat
ter, decided that it was best TO re-
strict Negro suffrage, and this deci-
sion was assured i'll the no uncertain
tone of over 12,0G0 ma iority. As a
matter Of course, when it was also
discovered that the Legislature would
have more than the necessary three.
iilths - pass the suffrage amend
mcnt, everyone seemed to be willing
to let the matter rest on the grounds
of its adoption being an assured GER
taintv. Considerable talk has occur
red during the winter and two or
three different amendments were put
forward. Governor Warfeld favored
the ono prepared by Attorney Gener-
al Bryan, while the caucus of the
Democratic members of the Legisla-
ture adopted the one which was
drawn under the supervision Of FORM
er Attorney General John p. Poe.
The latter is the one that has been
passed, and on it the partyis relying
to redeem its campaign pledges.
Governor Warlield has stated that
his objection to the amendment arises
from the fact that it does not call for
Il property qualification and also
that too absolute power is lodged in
the hands of the boards of registers. |
TO the first point there will be grave
objections because of the fact that |,
tie grandfather clause" cannot be |
made to apply to voters who shall
register after 1906. The reason for
this is because the Supreme Court of
the United States has broadly limited |
that it will not sustain election laws |
that might SAVIOR Of class legisla-
tom" therefore, while it would be
constitutional to allow persons to |
register whose ancestors were enti-
tied to vote III 1869, yet it would be
dangerous to go beyond. the adop-
tion Of Tie amendments 1906. Thus |
viii the voters be called upon to
adopt al amendment to the consti- |
tuition which would require every |
one, white or black. to be assessed !
before being entitled to the right to
vote This would work great hard
ship on the many Young men Just
coming OF age, who would be dis
franciised until they had had IN OPP
portunity Of earning the required
competence. To the second objection
OF the Governor, it can be said that
It has been found necessary i'll all re-
publican forms Of government to
lodge absolute power somewhere,
anditis perfectly fair to suppose that
his appointments of election super
visors would chose as registers re-
sponsibIe men who would intelligent