Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1910-12-10
JUDGE NORRIS AND THE GRAM
FATHER CLAUSE.

Judge %. J. Morris Of the United
states Circuit Court Of Maryland con
tnues his very able decision as FOL
lows,
Prior 90 January 1. 1865. by the
\ Constitution of Maryland. only
[ white male citizens of the United
7 states having the required length
I Of residence were entitled 90 vote.
? and. therefore by the letter OF the
} Maryland law. prior 20 January I .
\ Sos. the plaintiff. Anderson. being
\ "a black man, was not eGtitled TO
\ vote. and Howard and Brown. not
/ being descended from persons who.
/ being white. wore entitled 20 vote
/ were likewise not entitled 90 vote.
I and the defendants upon that
| ground solely denied 90 the plain
/ tins registration.
Upon this state OF facts and 81
/ the supreme law OF the land. have
/ not the defendants. contrary TO
I that law. Disseminated against tho
/ plaintiffs in the denying 20 them the
| right 90 vote because OF their race
I and color: and have not the statutes
enacted for that purpose given them
q right OF action?
L. D. true that the words race"
and color" are not used 10 the
statute OF Maryland. but the mean.
/ Ing OF the law is as plain as II The
very words had been made use OF
and Il be- the meaning. Intention and
effect OF the law. and not its phrase
ology. which Is important. No other
possible meaning for this provision
has been suggested except the dis
| elimination which by this provision
has been suggested except the dis
elimination which by IL is plainly
indicated.
This being so. what is the effect
/ OF the Fifteenth Amendment u
is declared by the supreme Court
/ TO have the effect OF obiiteratins
from the statutes so much Of their
provisions as create the forbidden
discrimination Neal VS.. Delaware
l03 l.. s., $40.
This argument is so plain that a
child can understand IT, lie says
further:
In the case OF United States vs.
Reese, 90 L. S. PA. Chief Justice
Waite said. Opp. 2I7-2IS).
] The Fifteenth Amendment does
not confer the right OF suffrage up-
\ on anyone. IL prevents the states
Tor the United States. however. from
giving preference. in this particu.
lar TO one citizen OF the United
states over another on account OF
race. color or previous condition OF
serNitude. Before it's adoption. this
i could be done. II was as much
I within the power Of q State 20 ex-
clude citizens of the United States
from voting on account OF race. etc.
as II was on account of age. prop-
erty or education. Now II Is not.
i II citizens OF one race having GER
1 tain qualifications are permitted by
4 law TO vote, those of another hav.
iug the same qualifications must be
Il Previous TO this amendment there
was no constitutional guaranty
against the discrimination; now
there is. II follows that the amend.
ment has invested the citizen OF the
United States with a new constfu
tional right which is within the pro
tecting power OF Congress. That
right is exemption from discrimin-
alton in the exercise OF the elective
franchise on account of race, color
or previous condition OF servitude.
This. under the express provisions
OF the second section OF tn
amendment, Congress may enforce
by appropriate legislation
In Ex-parte Yarbrough. 10 u. S,
j 65I, MI. Justice Miller. speaking
for the court. said O.. 661:
! And again:
The Fifteenth Amendment OF the
I, Constitution. by it's Limitation on the
power OF the States In the exercise
OF their right to prescribe the quail
hcations OF voters in their own
elections, and by its Limitation oil
the power of the United States ovel
q that subject. clearly shows that the
right of suffrage was considered I
be OF supreme importance tn