The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-10-30
III" FaiIuSr Of Di-TranChi>"mrnt
In Maryland

III" FaiIuSr "f Di-Tranrhi>"mrnt
In Maryland
II may h" duubt"i whether the de-
'.-lou rendered by Judge THOMAS i.
NoEEI~ IN ~" nIt"d States Circuit
Court IN Narvland nvalidat,ng the law
~ lgi~ which sought tpeNcl.ide negroes
from local elections would Il affirmed
hv tn" Nuprom" Court If the nlied
States have the effect of crasing tho
grandfather clause from the -tatui"
books II -"N",al southern States
In" annapolis law. a. II - called IN
Mar, land. could bc sustained only # i
WERE determined that th" Fifteenth
amendment did not apply 10 all public
elections state or local a. well a. ma
tlonal The trainers Of the Annapolis
law INTENDED that "a Maryland had
never accepted the Fifteenth Amend
m"nr the Legislature in regulating local
elections was not bound by IL they con
r"dcd that no law could be put on the
Statut" book 10 prevent absolutely the
participation Of negroes in Congress
elections By excluding negroes from
the registration lists made up for muniC-
Ipll elections they planned the virtual
dIrfranChi-ement OF the negro. Three
n"gro". denied registration IN Annapo-
hS brought suit against the Democratic
Officers under section 1879 Of the Re-
vIsod statutes ~ the Inited States.
which provides mat every person who
under color II any state law deprives
n 'ItlIen II any right secured bv the
Constitution and laws 81 the ni,ed
States -hall be llabl" - the person IN
lur"i IA damage TO establish their
oa-c m" plaintiffs had To- show that
that part uf m" ANNAPOLIS law excluding
them from local elections was unconsti-
tI'Ioual. ~ Judge NORRIS ha- held ~
III" following slmpl" terms.
70 60, ~. -.s-y me rish; ., sl--.gr which
w.. 'r o" ,rr'ec'si against any rrst-.-'l,. egi,.
ia Jon - 'hr state, which Vas the subject matter
ag4' a,.. t} ne fifteenth Amendment a7I the
r.r. .-rH STAT POI, Nud rpnsi~r'1s ln~ purpose
- me na 10 to,s NOT --rrr 'ha' aDy other cone .
srr .,uau ran be aeicnslh~
- - th" contention that %" FL
'""urh amendment appli,', only rn Con- .
a,r,..- "l'. t,rr, luig" MpRRIS say
>"'r.nr 20 49, way 81 interpolation nv tho
legislative tri, Vr.c' .t-sI' framed r-, arrrn4 .
....f .r.4 30 more significant man he enact.
rrr' section rr"i us,s-d rs ,pngr-,. lrrnrtI.
n'.. .aar .'- adoption au NOT nrd 10 the cases
cited from 'ha supreme ',.-' anything p9posei
rr that Interpretation 10 -eerr, cl.ar nat wner
.r no f's~nih Nurndneu' - b.. declared that
'rr rvf' ~ rl'lyrns - tho rl'-i states 10 vote
90. ra' Do Gsrrri ~ ab-Iigei by any state on
5000. 1, o.; rSo- .- color o. mean, Eha' Congress
.ra.r.'os-l q" ns1n namely. The r'gb' 20 ,oi.
OF a.I puh.c eo'lors
b" plea that ~" defendants wcr. not
lIabl" ~ damages bcra,Isn they were
directed bv stat" law not "a register
r"gr,". Iudg" MoErIS dispose, II bv
-aving
no enforcing ne discriminating provision. ~
~ state s'a'H'. m" reglstsr. vsrs doing and IN
ronIci 20 d" m act forbidden b, ,hc supreme az
- ne land and fpr doing vhlch me state statutes
could ,rord 'hrr1 no protection
II II b" assumed that the supreme
( uurt viii affirm Judge MORRIss de-
,.i-rpn II docs not follow that the grand /
father caiIs"- IN IN" Constitutions 81 ,
southern States will be declared IN
valid ~ consequence The effect ~ the
grandfather clause - To disfranchlse {
urgro'.S ~ class. but II must b" re-
i'"ruD"r"i that ~ IL possible for a
u"grp tn vut" IN spite If Il, and tho OK
orIi'un- u has been maintained. save
the law. In Louisiana, for instance.
thor" ~" educational and property
qualifications that affect the negroes
DISTINGUISHING most Of them. but which
~" white ar" permitted 80 "vadc n
&C." were voters ~ any State on JHnu-
lry I 1877. ~ a." sons or grandsons IT
such voters II should b" noted that
th' prIyIl"g" 81 registration by those
taking Idvnntag" uf ~" provision cN-
pred On September IspS Tho intent
oi 'h- ~" grandfather clauS"- was
20 ,huI oar AL n"gro"s who could rot
read and writ" or who did not own prom
r-'. worth SnD sufficient defence
T., th" rralIsna,e 81 thus famous devrce
nnEd -" tho production ~ any nero
n.. .pui WIaIrf, under D. Tho Mar
|r| and ~" LOUISIANA 'as"- are not
Iu.u'" IN Louisiana the Application
o. DO" Fifteenth Amendment u local