The Washington times., 1910-03-26
Capitol Opinions Differ as
TO Proposed Modification
of Constitution.
MONEY DECLARES
STEP is FOOLISH
Senate Minority Leader Condemns
Contention of Majority in
State Legislature.

Democrats M Congress divide upon the
issue raised by the Maryland Lcgisla -
ture last night when a majority OF thst
body took steps TO declare the Fou -
teenth and Fifteenth amendments 20 the
Federal Constitution nun. as applying 10
tine negro vote iu state elections.
They an say that a new question ls
raised. which may lead TO far-reachiur
results in So far as the validity Of the
two amendments Jo the Constitution are
concerned.
Southern states are particularly con-
cerued 10 view of she tact that practi-
caTy an of them have iu one way or
another disfEuchi.a. the negro through
their state rUuStltu.. IONS. but uD 20 thIs
time no direct issue as 10 the cOustltu-
tuHaUty of their acts has ever been
passed upon by tle Supreme COuLi
that the action iu Annapolis last night
VIII result bon a definite decision one
way or the other
Legality Questioned.
Senator OAt4 or oklahoma said today
when approached that he believed this
am excellent opportunity % test the
validity of the TWO amendments lie
said
+...aNN a.." a ...h.a.at .a Nslt MAJ le--l.H
body a suitable test Of the two constitG-
uouaI amendments. It is question
"a neither or mo-. the Fourteenth and Fif-
tcentl Amendments ever became q part
of tla organic law within the methods
provided 10y the Constitution itself.
Their validity Is doubtful on that score.
as We all know
AS for myself I approve of EivinE
the franchise 90 every man who Is in
Jei.lsut enough TO exercise it, 1 am
opposed 90 the grossly ignorant man
cauecline the vote of man above the
average intelligence The ruling power
rr-f ty hg 10 tr- si-at body JE the
pcpui=. excluding only Jae grossly ig-
noiaut an0 tla eGIpab.e and deficient"
Senator Money OF NlseIszIupi. the
Democrat, leader % tHe Senate. took
land Legislature. lie thought 10 utterly
useless Tor tlg state TO undertake fp
uullliy the Fourteenth and Fifteenth
Amendments. even 90 the extent 0f dis
Qualifying thereby the negro from Eot-
il- Iu a state election. Ife said Mary
land Was bound hv the Constitution in
every way that any ot.eE State IS
ouud. Nhe-Her Maryland ratified the
tmeIaWCufs or not
Bound By Amendment.
cflttIT money s1l-- 1T Us foolish
for Maryland TO contend that she mas
exemptions under tho Constitution be-
cause she did not -aufy the Fourteenth
OF Fifteenth amendments. The courts
VIII hold that Maryland is as mucn
bound as any State which did raufy
them. 10 viii be futile Tor Maryland 10
undertake 90 maintain the position
taken last night.
The action Of South Carolina Is not
precedent IN any sense Of the word
South Carolina did not nulIly the Con-
sJirUtiOE. Sue simply uglliaed the tar
In law, and that was the reason that
Calhoun reS.E Eued as Vice President and
came 10 Washington as a Senator 10
explain why the action WAS taken
Everybody knows that he failed even
in that"
Senator Bailey. regarded as one gf
the best constitutional lawyers. was
guarded m MS expressions he >ali
tHag ne wanted To- see exactly what
stand the Maryland legislature had
taker. and NEy. before he went far into
discussion of the matetr. He did say,
however tLat ue regarded the question
raised MS most important. and far-reaCu-
ing. and that the whole country Would
take AN interest iu NaTylJuu's effort to
maintain its position