Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1906-09-06
JOHN BEARD ANO THE 18TH
AMENDMENT.

II the plane ne outlined by Hon
John : Beard and his construction o
the laws II the United states are cor
rect, he will become the best knowT
man in the southern States sud vii
be able 60 receive any Office within the
gift Of our people
Mr. Beard has FOR several years been
looking up the statutes of the legality
OF the 10Th amendment to the Cont.
tuition OF Oh" United States and has
had the legal opinion Of some Of the
ables, constitutional lawyers in our
State and has his brief in such stage
that he will be able TO introduce n
measure in the neXt State Senate, ~
which he IsA member, depriving the
negro OF the right 10 vote This, Of
course, will be TO make a test case be.
fore the supreme court OF the United
States, and from the prepondeFance
OF authority already on hand by that
supreme body Mr., Beard believes that
the decision will he in fAvtr OF the
snnullmeht OF the 10th constitutional
amendment.
The amendment reads aI follows;
This right Of citizens OF the United
btAtes 10 vote shall not he denied or
abridged by the United states. or any
State, on account OF race. color OF pre-.
vlous condition or servitude.
This amendment " annulled would
put the negro on n plane with the
ChinAman, Japanese, Mexican or In.
dlGs. n INA, be would be deOAred
from voting
Mr.. Beard, who has given this SUBJ
feet much thought aud drlving, clAilns
that the Supreme Cout, bW AlrvAdy
DECIDED In 4 ts,i cA'e that the Se'
eedlnV State, we're never legally out
81 the Union that while they rsbelled,
they we're In poin, Of fact till COM
pouent parts Of the Union"
Thi, being conceded by the court,
All, BnStd contends that ~ there we're
no members present from the South
the constitutional amendment was not
legally passed. - the constitution r..
quires that any amendment, must be
passed by q tWo.thirds vote Of both
hou,ss Of the National Congress an
ratified by three. iourths % the states,
Mr. Beard, therefore. eonisud, that
90 the South 81 tho time Congress
passed ths bill proposing thW fifteenth
amendment had no representation
whatever 10 Congress aud thu, a. n
never wenl out oi the UaIon. ~ the
supreme Cour, has decided they we're
entitled "a this representation. and no
law wss valid without mA!ot,y vote
aud no lac proposing an Hmsndmtut
10 the national constitution valid ~
binding unless Il received me vote =
tuo.thirds Of both houses including
The representation % The 'seed'hs
States
Mr. Rsata further contends thA, the
loaraAl ~ the national Aoase show'
that 90, two.thisds ere recorded As
bslng prsseai the day this amendment
uas passsd. ba, that II wss rushed
through ca . viva wee vote. = slsa'
violation OF the Coaslitatlon' itssli
In additioa 10 required thFve-ioeFtAs
" The state Legislatures 10 Easity thb'
nm.aAmsnt. ana The seeSA lag state.
wsrv eoeresd 10 THE Tasneailon ey ths
threat thai tAsy would not ee EiVsa
eaek lhsir status iu Coagress enles'
they dla Es.liI u, snd andsr THE 80
sseioa they did 80,
NF Bsard has bed the dFaii 81 As
bin fOr mAny months and u hes bees
sOhmitsed 10 ne beet legal talsa, TOO
lhviF spprossl snd sugnpslion and NJ
expects 70 mses thls the agAt Of hls