The sun., 1910-05-02
TEE RIeRF 10 YOTE.
A WulnanS ConStitutiuaal Argument fer
Ruual suRFAge.

A Wa1nanS Constituti~aal AEwumsna fer
Ruuai BuRFAss.
To THn RDrFOR 90 THl 0vN-SlS: n ths
rscsal dinoussi0n IN the columns of TMn
BUN rllativS n The right oi tAp states 70
prsscribs the QualiHcailOns Of voters the
principals have overlooked this someWhAe
important poins:
he Federal Constitution guarantees
equal rights and equal privileges 10 All
ritinsns. By the Fourteenth Amendnent
the states are restrained from abridginG
any Of thSse FiEhts % pEivilsaea. and By the
fifteenth Amsndment the same restraint
Ia Imposed upon Federal legislatlon: but
q matters not By what term the right 70
share In the Governments ls deaianated. n
Il observed. however. thst both the FEDERAL
and state constitutions designate t as
right whether Il II . right or . privilege
Ell citizens who haVs not forfeited their
FiNhi or prlsllsRs SRs equally entitled 70
n. and any discrimination n Illegal.
The courts have held that burden %
qualification impOsgd up0n one class ot
citizens and not upon another is lhsEa'.
and Judge Cooley In his Constitutional
Limitations tpage o0ll has this 20 say:
WINS tbs sHsEuias Of ihs elective tfAaoaiss il
privilege nthsr than a Fighl yei an rogulAaons
upon thai'suhiect must be ruasnnabis. uniform and
Impartial A statute thai IL not % ls utterly VOID
Congress has treated the exclusion from
the right 20 hold ofhce a. a punishment:
&C, Of April 10. iIoo; act Of July II. ise7.
Denial Of representation IN Congress 10 q
disability and q penalty which the United
states innicts upon seeding and reoellious
States.
The states have ever treated exclusion
from the right "a vote as punishment which
they lnhict upon 6FibeFa. convicts and
felOns: state Constitution. Article H.. Sec
tiOn 2
Women are not named In that disqualify-
ina section, but Il 10 claimed they are In
cluded Women are not named IN the sec
tion qualifying male voters. but Il Il claimed
they are excluded.
The United States Supreme Court ire An
F0ng. = SaW 1917 has held:
Discriminatng and partial legislation iavor-
Inc particular persons o. against particular per
ssns Of the same class Il nov pruhibitsd. Bquai-
ivy Of privilege IL The consatuuOaal right of an
citEeas Rquality Of protsctioh Il the ooassi'u-
uonal hight Of an persons Equality Of protsc-
uan implies not only equal accessibility 70 The
courts for ths prevention o. redress of WrOngs
and ne saioFusmeni of hghts but equal easmp-
ton WITH othsFs Of the same eisas iFom Ell charges
and burdens Of every kind. Immunity
irom disorimlnauoa Tor certain reasons IN The
night to eAefriss q polucal pfvilRge is property
nghL me great hundamental rights oi
eli ctissns are thus secured against any Sta's
deprivauoa.
And again i'm re- Yick WO Va, Hopkins.
its L. 3. Sss:
Though the law be no, diseriminaung In terms.
get n u be appied o. administered BY pubic
authority - a. practically 10 make uniugt dis
oriHlnauoas between persons dniiariy circum.
siAhced IN hU, 10 mAt,srs sfecuhg their sub
sSahual rish'a, The aw wiil be held snvaIad aa
being In operation sueh dealsl of TIE equal pro
iscusn a. h within the pFohibiuoa Of the C0nsu
tpton. The equal prOtecuoa of the
laws Is 'he pledge Of the protection Of equal laws.
The United statsa Supreme Court 70
Wall ~ has included -the right 10 share
the orhces of the Government to engage in
administering ita functions among the
civil FiGhts Of citizens. Women would be
glad 10 be informed just how hey ran avail
themselves Of these rights while denied the
right 10 the ballot.
Judge Daniel lscoit ~. Sandford. 70 How
4 \ t7a said:
There not 70 Ne found IN ths theories Of writers
On foyciamsnt. Or IN any artual ehpeFimcnt
heretofore tried, IN exposition Of the term -ciu
ren which has not been undsrstood IS conisrrinR
the artual possession and enjoyment the perferi
righ' Of acquisition and euioymeul. Of an entire
equality oi privilege rivtl and poIitical
The Fifteenth Amendment 10 the Federal
Constitution provides:
The right Of cldrens Of the United States 70
vote shall not be denied or abrdged By ths Uniled
States or b. any State on aorount Of race. color
or previous condltoH Of seryttude.
What language could more clearly imply
the right of citizens n the United States 70
vote? n. ~ is sometimes claimed. the
citizens Of tho United states have no right
10 vote. but derive thst right from the
states phy this affirmation IN the Fifteenth
Amendment Of -tke right Of citizens of the
United States IN vote. and prohibiting the
States from denying u for certain reasonss
The Fourteenth Amendment declares that
they cannot he denied oE abridged for sny
reason except ~ = punishment for crime
II the right 10 prescFibe the qualifications
Sf ele~tors belongs exclusively 70 the states
tlren the Federal Government haa M right
20 limit their power End ssy that the Fight -
WV HN'NRN ~ VTAAANN ANf NNNNNN NtMMuNN
Sci discrimination IL ~ repuGnant 70 the
spirit ~ the Constitution - face or color
discrimination
Our teEislatora seem 70 have eonSounded
the terms Qualification and -diaciimina-
ton Qualification relates 10 fitness or
capacity II a party for q particular pursuit
or profession. Discrimination h dlFer-
entail treatment. unjust distinction. =
For instan"e n there 10 "diaSFehtial treat
ment- or unjust distinction among men or
In railroad Tstes Congress iqtsrferes. Per
contra. when the state untua,ly dlscrinii.
mates again~, liS women citizens disrrlr.-
nation h then defined a. Qualification.
lo prescribe aGe. property. educational
or any other QnalihCation that any person
has an equal opporuni:y 20 acquire is
legitimate. but 10 disauslify idisrriminats,
berause Of seH 10 equivalent 20 disnualify.
inc becsuse Of the coior Of q persons hair
or eyes In other words. N wake the en-
ioyment n a right dependent upon an i'm.
possible cOndtion IL equivalent 10 q denial
of the right under any rendition. md such
q denial is nOthing less than punishment
HAnEiErGR VI JoHNsvoN- -Woop.
NEw Work, Aprtl N