Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1910-04-01

It interferes with the right of State Il
determine for itself who shall constitute
its electorate, a right which every STATE
must retain. else 1t ceases to be State
within the meaning of the Constitution
and becomes mere dependency.
But 1t would be useless to attempt e
state the legal grounds for this contention
in a newspaper interview. Besides, my
opinions on this point are sufficiently
known.
Suffice it to say the proposition is not a
new one. 1t did not originate with me.
1t was urged in one form or another with
great earnestness by several of the lawyers
and statesmen of the North and West
while the Fifteenth Amendment was on It's
passage Party passions ran so high at that
time as to make 1t impossible for the ad-
vocates of this view to obtain a hearing
but the time was bound to come when a
hearing would be had. and If these bills
are enacted 1t may come now
ut is natural that some Of our Southern
Congressman should be opposed to Mr..
Dieees' plan. Because It is true that II
these laws are enacted 1t would lie in the
power Of Congress to make some reduction
in the representation of Maryland. as well
as other Southern States in Congress-.
But am inclined to think that how
ever the congressman or politicians may
feel about it, the people generally would
be perfectly willing to dispense with =
Congressman, II necessary, in order to
secure relief from the negro issue. TIL,
CONGRESSMAN. however. naturally doesn't
feel that way.
mo responsible lawyer will venture to
speak without due reserve as tCNwhat view
the courts will be likely to take of this
great question, but we may rest assured
that they will meet II with an open mind
and decide 1t as lawyers and judges and
not as politicians"
AS To SUFFRAGE In THE SENATE.
Mr.. Arthur W. Machen, Jr., the we'll
known lawyer, who favors the Digges plan,
was asked what control the Federal Gov
eminent has over purely State elections.
He replied:
Everybody comedies that the United
States has no control over State elections
unless 1t be under the Fifteenth Amend
ment. II that amendment is void, or though
valid is not to be construed as extending to
State and municipal elections. then the
Federal Government has no control at oil
over such elections. Ifthe Fifteenth Amend
ment is valid and applicable to State cleo
tons. then the extent of the control which
might be exercised by the general Govern
ment would depend somewhat on Congress.
At present there are no acts Of Congress-
Of any consequence which attempt to ex-
erclse any such control over State cleo
tons. When Cleveland was President the
Democrats repealed all Federal statutes
that purported to interfere In any way with
State elections.
Does the fact that Maryland refused to
ratify the Fifteenth Amendment exempt
this State from its operation ?" was asked.
Certainly not. II the Fifteenth Amend
ment is within the scope Of the power to
amend the Constitution" replied Mr. Ma
chen. "a valid constitutional amendment
is just as binding in the States that reject
1t as In those that ratify II. For instance,
Delaware and Kentucky refused to ratify
the Thirteenth Amendment. abolishing
slavery, but nevertheless that amendment
freed the slaves in those States as well as
in other parts Of the country.
But the fact that Maryland rejected the
Fifteenth Amendment might, perhaps, be-
come material II II should be decided that
the Fifteenth Amendment exceeds the or
binary scope of the amending power
There are certain kinds Of constitutional
amendments which can be operative only
In States that assent to them.
For instance, the Constitution provides
that no constitutional amendment shall
deprive any State Of Its suffrage in the
Senate without its own consent, and, there
fore. constitutional amendment having
tIiut cIeCt ioi CAdihpic' an uIlcHuilonl
abollshing the Senate or wiping out some
Of the States or changing their composition
or boundaries--might be so drawn as to be
operative In those States which consented
to it. although 1t could not affect the dis
senting States"
If the proposed plan Is put through,
would Maryland's representation in the
House Of Representatives be reduced ?"
was asked. . ...
IN my judgment" replied Mr.. Machen,
ut would be possible for Congress, II the
proposed plan Is adopted. to reduce the
representation Of the State In the House
Of Representatives In the proportion that
the negroes bear to the total population.
In other words. we should lose one Con
gresham. | should be very glad to see
any such reduction accomplished because
1t would amount to an official Federal ad-
mission Of the legality OF our action"