Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-26
Maryland Obliged to Obey
Constitution, Says Lawyers.
CUT IN REPRESENTATION
Disfranchisement of Negro Would So
Result, Says Keifer.
plan COULD NOT SUCCEED"
Judge Crumpacker Considers Caucus
Proposal Weakest Thing in De-
fiance Of Union.

The press dispatches from Annapolis
reciting the action OF the democratic
caucus Of the Legislature last night In
proposing to refuse to recognize the
fifteenth amendment OF the Constitu-
ton Of the United States because Mary
land had not ratified 1t, we're read with,
amazement by constitutional lawyers
in the House today
II Maryland should attempt disfran-
chisement of the negro vote In the
manner stated 1t would be met by a
movement in Congress to reduce the
representation OF Maryland. Is the as
sertion made by Gen Keifer, repre-
sentative from Ohio and a former
Speaker OF the House. This opinion OF
what would happen finds sympathetic
echo among other republicans.
1t is regarded as significant that this
agitation should be raised just at this
time when the new census is about to be
taken and when there will have to be
reapportionment later among all the
states.
Just ten years ago there was discussion
Of the advisability Of reducing the rep
resentation OF southern states which dis
franchised the negro vote. II was said
today that IL Maryland pursues the tao
tics outlined BY the caucus the subject
of southern representation will again be
brought to the front.
..If the lawyers gave the opinion to that
caucus last night that the fifteenth
amendment has been abrogated. said
Representative Keifer. ''or that 1t was
within the power OF the Maryland legts-
lature to pass law that would abrOgate
it, they are the dumbest set Of chumps
who have yet appeared. The fifteenth
amendment applies to all citizens and
provides their right to vote shall not be
abridged by the United States or any
state on account OF race color or pre-
vious condition Of servitude.
Moreover, there is the second section
of the fourteenth amendment which has
some bearing on this question. That sec
ton provides that II any state abridges
the right Of citizens to vote the basis
Of apportionment or the states repre-
sentation in Congress shall be changed
accordingly.
III Maryland could do or should do
what that dispatch says is proposed to be
done. the action would warrant the re-
duction Of apportionment and reduced rep
resentation In Congress.
The fact-if it Is a fact-that Maryland
has refused to ratify the fifteenth amend
ment is of no significance whatever
Maryland became. on the adoption Of the
fifteenth amendment, as much bound by
1t as Ii Maryland had ratified 1t.
There is no similarity between this
case and attempts Of South Carolina to
nullify the Constitution of the United
States. South Carolina did not proceed
upon the idea that the Constitution OF the
United GATES did not apply to South
Carolina. but proceeded upon the idea
that state had the right to nullify any
act OF Congress. The Calhoun states
right doctrine went farther and main
tanned that state might nullify acts Of
other states when they were regarded as
inimical to the domestic interest Of the
states proposing notification"
Mr.. Crumpacker's Opinion.
Representative Crumpacker of Indiana,
who is held as an authority on consti-
tutional law and regarded as probably
the best posted man in Congress on
southern election laws. having been the
author of the effort started ten years
ago to curtail the representation Of
southern states In Congress, could hard
~ believe the proposition as reported was
serious. as suggested.
ut is almost incredible said Judge
Crumpacker. that the legislature Of the
state Of Maryland would undertake to
override the fifteenth or any other
amendment of the Constitution of the
United States.
Every lawyer knows that every state
statute In conflict with the Constitution
of the United States is absolutely worth
less Maryland cannot disfranchise her
negro citizens on account of race or