Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1910-12-10

and Laws OF Maryland. prior to jan
uary 1, 1868, how can IL be ssid.
with any show of reason, that any
but white men could vote tken-
and how can the court close its
eyes TO the obvious fact that Il is for
that reason solely that the test is
Inserted in the Maryland Act of
1908, and Is not the court TO take
notice of the fact that during ali
the forty years since the adoption OF
the Fifteenth Amendment. colored
men have been allowed TO register
and vote in Maryland until the enact
ment of the Maryland Statute OF
1908?
1t was primarily the right OF suA
rage which was 70 be protected as
against any restrictive legislation OF
the States which was the subiecr
matter dealt with by the Fifteenth
Amendment and the Revised stat
utes; and considering the purpose of
the law, IL does not seem thar anv
other construction can be defensible
/ United States VS.. Reese. 90 U. S.
214-21S
The argument gets better and bet.
ter until It reaches it's final conelu.
sion Here 1t Is:
II is urged by the defendants that
| the inhibitlOns OF the Fifteenth
Amendment against the denial OF
I the right 10 vote OF citizens OF the
| United States on account OF race or
color. must be held 10 apply only
to the right to vote at Congressiona,
I elections derived from the Upite5
states, and does not apply to the
| right TO vote at State or Muuicipal
! elections given by the State.
! The Fifteenth Amendment was
/ proclaimed March so. 1870. and nv
the Act OF May 81. 1870. Congress-
/ undertook 70 exercise the mowers n
( understood were granted il by the
/ Amendment and passed the Act. now
section &OO4, proving expressly
That all citizens OF the United states
otherwise qualified should be entitled
and allowed 20 vote at all elections
4 IN any State, territory. county. CITY
without distinction OF race or color
any constitution. law. custom. usars
or regulation OF any State or tor.
tory 60 the contrary. notwithstand-
ing '''' "a d u
Nothing I'm the way OF interprets-
/ ton by the legislative body v1ich
'lseu had framed the amendment
Couio De more significant than This
enactment passed by Congress fmme-
oiately upon its adoption. I do NOT
una IN the cases cited from the Su.
/ preme Court anything opposo5 g.,
! that Interpretation.
I 10 seems clear that whom nv ~
| tHteenth Amendment. 10 IS declared
tnat the right OF citizens OF tho
/ tnlted States 90 vote shall NOT ho
denied or abridged BY any Sfate on
| account Of race or color ~ r,e,,s
what Congress Understood h 20
/ mean namely. The rirht 90 -
/ az all public elections.
II rs further urged bv the 5oeo,.
dants that II tho Fifteenth Amend
ment be construed as forbi55i1,- az,
examinations NJ State municipal-eIec.
/ IONS. IL Is beyond tho power OF the
o'"l's 20 SO amend a. and therefore
tion. ''''' uO'
90 not appreciate the force Of
this contention.
mat the Amendment declaring all
persons born in the United States I,
De citizens OF the United States. and
OF the state wherein they reside.
without discrimination on account
or race or color. Is beyond tn.
amending power IA not suggested.
and N so. IL cannot be reasonablv
maintained that 20 declare that such
cluzens shall not be deprived OF tho
privilege OF suffrage because OF racs
or color. Is beyond the amendinr
power One follows from the other
Il Is my Judgment that each OF IA
declarations states a case IN which
the right Of action Is vaIidIy given bv
the constitution and laws OF the
United States and that the demurrers
should be overruled.
Now the question goes up 10 IN
4 supreme Court OF the United Statea
which tribunal will have an oppor
tunity OF exercising its ability 10
either render an adverse decision o
to ignore the points at issue.
VIII have a difcult task in this case
Viewed from any angle OF justice
II must either sustain Judge Morri
or declare unconstitutional thos
Acts OF Congress. which in accord
ance with the provisions OF the Con
stitution OF the United States were
passed for the enforcement OF the
plain provisions OF the Fifteenth A
mendment
Il is gratifying though TO know
that there are federal judges, whu
will expound the law as they find IL
despite the denunciation OF the Ne
gro-haters and the walls OF the
wicked.