The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-11-03
.EMBRY'S
LETTER n
TO JORDON

homa John Embry, has written the FOL
lowing letter 70 A. p. Jordan, OF GulN'
RTE, relative to the working Of The
grandfather clause:
Guthrie, Okla. November g A, p,
Jordon, Guthrie, Oklahoma. sir.-We
are In receipt Of your lette~ Of the
twenty-sixth ultino, asking the opin-
ion OF this office relative t0 many phas
es OF the recently adopted suffrage
amendment to the Oklahoma constitu-
fion, commonly referred to as the
grandfather clause; and we have
the honor to advise you that he state
supreme court has held the amend
mcrt constitutional
The election to be he'll OH Novem
b. s Is oa'n federal AMI !, state
emttion: serela since members OF
congress are Il. lie elec;n1 and state.
sirce state asc county officers are
n be elgstss
The election officers owe duties
both to the federal and to the state
governments; and the federal govern
ment, by prohibiting any federal in
reference with these elections, and
by leaving the enforcement OF the
laws on election day TO the peace OF
ficers OF the counties, cities and town
ships, assume that the elestion officers
will observe their oaths and conduct
the election according to law. Should
election officers fail SO to do by con-
spring to deprive any citizen OF the
United tSates of the right to vote for
candidates for congress on account OF
his race, color or previous condition OF
servitude or should any election Of
ficer, for any such reason, deprive any
such citizen OF such right under color
Of any state law, such would be vio-
latiOn OF the federal law and would
subject any such offending election
officer or officers to prosecution in
the federal courts and to punishment
for any such offense.
You state that you are an ex-slave,
that you were not entitled to vote I'M
der any form OF government on or
prior to January !, 1866, that YOU can
read and write reasonably we'll and
can read and write any section o. the
Oklahoma constitution; and upon
such statement you inquire as TO the
character and extent OF proof which
the election officers may demand o.
your qualifications as an elector.
The amendment gives the olfioers at
the election power TO enforce its pro
visIions where registration is disDens
ed WITH, but II does not appear TO give
them such power where registration
is required; but, In any event, their
power In such respect Is not greater
than their power in enforcing other
provisions of the constitution re-
scrlbing the qualifications OF voters.
The members OF the election board
do not constitute legislative body
and OF they did, they could not en-
force rules. obviously directed against
any particular race or color, which
would require any greater amount or
different character OF proof OF quail
fications to vote, than are required
of other races, without violating the
federal Law, and subjeeting themselves
to, punishment.
Ne are so convinced o. the correct
ness Of this proposition tnat We as
sumo that the election officers will a.
ply to the Colored voters, when chai
lenged, the same rules requiring PROOF
OF qualifications as are applicable 70
white voters.
The Oklahoma election law pr lvilss
substantially that when person OF
fering to vote Is challenged. le snail
not be allowed to vote unless he
swears to an affidavit showing that
he is qualified and entitled TO vote;
and that, upon his making such aft.
daylt, he must be allowed to vote.
or course, he would be subject to
prosecution If he should make false
affidavit
II is the view OF this office, and Il
is the view this Office will follow
should the matter come up for official |
determination that when person Of |
fering to vote Is challenged, the same |
rule as to proof Of qualifications must
be applied. whether the chaiense be
under the grandfather clause. or
under the previous law. Or under both; !
and AS we understand the state law
the only proof the election officers can
demand OF a challenged voter is an
affidavit showing that he possesses
the qualifications required of voters
nv the state constitution and laws as
defined and construed by the state
supreme court, and any attempt to
apply any different rule TO negroes
offering TO vote would be discrimma-
ton which is prohibited By the federal
constitution and laws. Therefore, i
Is our opinion that, II you are chat
lenged for any cause, you Will be en-
titled To vote upon making an effiday'
Il showing you possess the qualifi-
cations OF an elector required By the
constitution and laws OF Oklahoma
We express no opinion as to the
rights OF those who may be disfrancnis
ed because they can not read ahi
write ~
Respectfully,
JOHN EAiBRY,
United states Attorney.