Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1910-04-01
The Digges Disfranchissment Plan
In Brief.

The plan for the Acknowledgement OF
negroes in Maryland at State and NUM-
cipal elections, proposed by Mr.. W. Mitchell
Dieees, of Charles county, is briefly as fol-
lows:
A bill repeating the present registration
law of the State and enactine a new law
is the first step. This bill will be based
upon the assumption that the Fifteenth
Amendment is void. and the reasons why
1t is believed to be void are set forth in
the preamble of the bill.
It is further declared in the preamble
that the exercise of the elective franchise
by the negro is not consistent with its own
best interests or the welfare of the white
race.
The bill then prohibits the registration
OF negroes for State or municipal elections
The present registration books are to be
used for the Congressional elections this
year and the right of the negro to vote at
Congressional elections is to remain un1
disturbed.
The first registration under the bill, II
enacted. will take place for the general
election next year. when Governor and
legislature and nearly all State officers
are to be elected.
Unless the terms of the present Balti-
more city officials are extended until the
general election in November. the next
election Of Mayor and Council in May,
1911. will be held by the present resistra-
tion books and the negroes will vote at
that election.
The method and machinery for the ros
istratiOn of voters will remain practically
UNCHANGED, just as under existing laws.
The negro is not to be absolutely dis
franchised, as he will still vote at Federal
elections-that is. for Congressman. For
use at elections Of Congressman distinct
set of registration books shall be prepared
in 1912. the present books being used in 1911,
and upon these books to be so prepared
in 1912 the names Of all persons entitled
to vote for Congress shall be entered. II
any State officer is to be elected at the
election for Congressman. distinct ballot
must be used. and only those persons
qualified to vote at State elections will be
permitted to vote for them. This will
happen at the Presidential election in
1912. when Congressman and electors will
both be elected. Presidential electors are
State officials and would be voted on the
State ballot.
The present right Of appeal from the de-
cision of officers Of registration is retained.
II is provided. however, that person
appealing to court from an officer of regis
tration for registration under the act. shall
be deemed to have based his right to req
lister upon the act and is estopped to set
up any claim or defense on any other
ground. This is intended to prevent any
appeal to the State courts for claim to reg
lister under the Federal Constitution or laws
of Congress.
Section 35A Of the bill provides that
the right to register under it shall be lin
tied to white male persons. and If any
register shall refuse to enforce the provis-
ions of this section such refusal shall ipso
tdcto work vacation In the Office.
If the provision Of the act restricting
the suffrage to whites shall fail or be in
capable of taking effect. then every part
of the act shall be void.
Another brief bill proposes to repeal va
riOus sections of Article SO of the Code
relating to judges and clerks of election
and registration. which are inconsistent
with the other bill. This bill also provides
for the punishment Of those who have
committed offenses against the existing
law.
These bills. II enacted, will 60 into effect
before the State election next year. They
are accompanied by third bill proposing
an amendment to the Constitution to be
submitted at the election in 1911. At that
election it is proposed that whites only
shall vote. and so the amendment will be
decided by the white vote. and negroes will
not be permitted to vote upon 1t.
The proposed amendment provides that
all State and municipal elections shall be
conducted by the Australian ballot system !;
that the Legislature shall provide a uni
form ballot for the whole State with the
political party Of each candidate after his
name for equal representation Of the mi
nority party among judges and clerks OF
election. These provisions shall not be
abolished except by a vote Of four-fifths
Of each house.
The General Assembly shall pass no law
for the registration Of negroes for any State
or municipal election.
II any other class than white males shall
become legally entitled to register at State
elections. then the whole of the new sec
ton shall become void and present condi-
tons shall be revived.
MR. MARBURY DEFENDS IT.
Mr.. William M. Marbury. who was Goa
suited in the preparation Of the Digees
plan Of DISTINGUISHING negroes. Is not con-
WINGED by the arguments Of Southern Con-
gressmen against IL. He says:
1T would be interesting to know who il
was that undertook to tell Senator Money
or anyone else that the trainers Of the
Dieges law proceeded upon the theory that
the Fifteenth Amendment Of the Federal
Constitution is not binding upon the State
Of Maryland merely because Maryland de-
clined to ratify that amendment.
while not the craftsman Of the law
myself. was consulted at times by the
counsel who did draft il. and am able to
state emphatically that no such fool idea
ever entered their minds.
THE only significance or Importance
ever attached to Marylands refusal to ap-
prove the fifteenth Amendment was this /:
The fact that she rejected the amendment
and refused TO approve 1t puts our State In
a much better position to contest It's valid
ity than II she had accepted and approved
il.
L. A.