The Washington times., 1910-03-29
DIGGES DISFPANCHISEMENT
PLAN IN MARYLAND.

A new plan for the disfranchisement
of the colored voters of Maryland has
been evolved by certain of the Demo
cratic leaders. Its purpose, frankly
svowed. is to deprive all negroes in the
State of the right Il vote at State and
municipal elections. Il Is proposed TO
prevent them from registering. II Is in
fiat defiance of the Fifteenth Amend
ment to the Constitution of the United
States, which says that no citizen shall
be deprived of his right to vote on ac-
count Of race. color. OF previous condi-
tion of servitude. The Digges plan
would cut the negro off from his right
to vote because of MS race and color.
This effort at negro disfranchisement
in Maryland comes as the climax Of
series of Intellectual attempts on the
part of the Maryland State Democratic
machine leaders To deprive the colored
men Of suf age Indtfensible at best.
their efforts are especially reprehensbIe
because they have as theiS purpose
chiefly to deliver the State over com
pletely to the rule Of a set OF petty
political bosses.
When the plan was first announced
II was given out that the main point of
the contention OF the men who we're
engineering this scheme was that Mary
land had not ratified the Fourteenth
and Fifteenth amendments 10 the Con
stitution. and was. therefore, not bound
by them. The harebraincd nature of
such a contention Is 50 apparent that 1t
seems impossible that it could nave
been seriously considered by lawyers
worthy Of the name and fit to practice.
even before the court Of Justice Of the
peace Now, however. there Is oh
served a tendency to shift the ground
on which to base the Digges plan, and
TO take the position that the Fifteenth
Amendment was never vaIidIv ratified.
that IL is. therefore. not binding on
any Of the States. and that any State
can, therefore. enact such laws as 10
the franchise as il sees fit. And. as
many good lawyers hold the Fifteenth
Amendment and the Fourteenth are
bound up together and are supple
mental 10 each other. test Of he FIT
teenth Amendment would probably IN
volve the testing of the Fourteenth.
II the Digges plan Is based squarely
on the proposition that the Fifteenth
Amendment was never legally ratified.
then there is good legal opinion 10 su--
tain the proposition that a test case
can be carried to the Supreme Court.
To raise it on any other ground is an
absurdity.
There Is something to be said as to
the desirability of getting a judicial
opinion from the Supreme Court on
the legality of the Fifteenth Amend
ment, but it is quite plain that this
Is not what the Maryland bosses desire.
They could test this question easily
enough in all probability by striking
some negro's name from the registra-
tion lists and carrying the contention
that would arise therefrom to the Su-
preme Court of the United States.
Under the Digges plan, if it goes
through, there will be a long period in
which the controversy is dragging
through the courts. wherein the negroes
will not be able to vote. For this time.
therefore, disfranchisement viii have
been effected
It is extremely doubtful if the Su-
preme Court of the United States viii
be found declaring invalid a part Of the
Constitution that has stood for nearly
half century. The whole proceeding
is, 70 put it mildly. unfortunate. 1t
has only this small excuse to Justify II.
that it would be interesting TO have the
Supreme Court pass on the Fifteenth
Amendment, though it is hardly sup
possible that that tribunal will over
turn it.