The Springfield herald. (Springfield, Baca County, Colo.) 1887-1919, 1910-11-04
GRANDFATHER CLAUSE UPHELD

Guthrie, Okla, Oct. 27.-The Ok
ahoma supreme court today passed
upon and held good the grandfather |
clause. or negro DISTINGUISHING con-
titutional amendmet which was
adopted August 2. uder an initiated
Dill and special ballot. The opinion.
which was written by Associate JUS
lice Robert L. Williams. is of two
lold importance, since it Incidentally
toreshadows what Interpretation the
nigh court may place upon the en-
abiing act In the state capital con-
troversy. This part of the opinion
IS apparently much in favor of the
Oklahoma City argument that the
enabling act in requiring the capital
at Guthrie until 1918. is not binding
on the state. In addition to holding
that. under the provisions OF the
grandfather clause, all negro slaves
and their descendants who were not
entitled to vote prior to January /,
1866. must submit to the educational
test, the supreme court extends the
requirements OF the suffrage amend
ment to all other persons or races or
their descendants not entitled to vote
before 1866. specifically mentions
aliens or foreigners from countries
where they did not have the right OF
ballot. calls particular attention to
the fact that Blanket Indians did not
have an electorate form Of govern
ment. and implies strongly. though
without particularizlng concerning
them. that such Indians must submit
to the educational test before they
have a right to vote.
The court states. however. that the
Cherokees. Creeks. Choctaws. Chicka-
saws. Seminoles and Osages. who
comprise 80 per cent Of the Indian
population of Oklahoma. had an cleo.
torate form Of government before
1856. and are exempt from the edu.
cational test. The court also calls
attention to the fact that certain
states allowed negroes to vote before
1856. and says the negro who pre-.
viously became freeman or had al.
ways been such and resided in Mass.
achusetts, Vermont, New Hampshire
Maine. Rhode Island or New York or
January 1, 1866. or his descendant,
who reside In this state. may vote
under this provision regardless of the
educational requirement.
The court says 1t thinks the amend
ment does not violate the provision
of the enabling act which said the
Oklahoma constitution should max.
no distinction In civil or politica
rights on account Of race or color
But" continues the opinion. "the
people of this state IN section one o,
the bill of rights Of the state con.
stitution reserved the right to alter
or reform its government whenever
the public good required it; the
president approved the constitution
containing such reservation: 1t has
been repeatedly held that IL the con.
stitution of state contains any mod.
ffications Of the provision OF the en-.
abling act, the constitutional modi-
fication controls. Furthermore" to
quote the court. at was not attemp-
ted to continue that part Of the en-.
abling act In force forever as an ire.
vocable Limitation on the sovereign
powers of the state"
Guthrie, Okla. Oct. 27.7-United
States Circuit Judge Walter A. San
born Of st. Paul. MINI, is expected
to sit as one Of the three federal
judges in the grandfather clause
case. oral arguments In which will
begin In the federal court at Okla
homa City next Monday morning.
The two district Judges to alt in the
case are John H. Cotteral OF this
district and Ralph M. Campbell of
the Eastern Oklahoma district at
Muskogee. 1t is not certain that
Judge Sanborn will be the circuit
Judge. but II he does not come, some
circuit judge will. since in cases
where the states are alleged to have
invaded the provisions of the United
States federal constitution. three
judges. one circuit and two district.
sit.
The federal case testing the grand
father clause was brought in the
name Of Daniel Sims. an old Guthrie