Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1910-10-11
AMENDMENT CASE OPENS
Mr.. BOnaparte For Plaintiffs Ex.
plains Fifteenth Amend
ment-TeIIS OF Votes
For NegresSes
OPENS DEFENSE'S CASE
Mr. BOnaparte Shows Fallacy Ia Co..
ientiOn OF Suit Point Made BY
Attorney General


That woman suffrage would near
colored women could vote as well as
white women was one of the points
made by former Attorney-Genersl
Charles ]. Bonaparte in arguing yes
terday before Judge Morris, in the
United States Circuit Court of Balti-
more, against the constitutionality of
the act of the Legislature of 1908
prescribing the qualifications of
voters in municipal elections in this
city.
Mr.. Bonaparte was trying to show
that under the Fifteenth Amendment
to the Constitution of the United
States the grandfather" clause of
the Annapolis election law is uncon-
stitutional. This amendment pro-
vides that "the right of citizens of
the United States to vote shall not be
denied or abridged by the United
States or by any State on account of
race, color or previous condition of
servitude.
''If the ladies who went to Annap-
lis last winter had been better treat
ed" Mr.. Bonaparte said, land had
obtained the right to vote, and the
Legislature had said that white wo-
men of certain qualifications should
be allowed to vote, certainly colored
women of the same qualifications
would have the same privilege"
Mr.. Bonaparte was arguing against
the demurrer to the declarations in
the suits of John 3. Anderson, Will
lam II. Howard and Robert Brown,
three negroes of Annapolis, against
Charles E. Myers and Claude Kalmey.
Democratic registers, each of the
negroes claimng $5, damages for
being refused registration on June z,
1909. In bis argument he tried to
show the fallacy of the contention of
the other side that there is distinc-
tion between a citizen of the United
States and a citizen of a State in con-
nection with laws governing the fran
chise. Each side abases its conten-
tions on the Fifteenth Amendment.
Mr.. Bonaparte said that the first
authoritative statement concerning it
by the Supreme Court of the United
States was in connection with mu-
nicipal contest. He also said the con.
tention that any difference is made
by the law in Federal, State or munic-
ipal elections is entirely unsupported
by authority.
when Maryland or any other state
undertakes to fix the qualifications of
voters, he explained, "it does so
with the full knowledge that if it
grants the franchise to any particular
class of white citizens the Fifteenth
the supreme law of the
land, steps in and says the rights ex-
tended to all citizens of the same
qualifications, without regard to
their color. -
He concluded his argument this
and was followed on the
same side by Mr.. Edgar Il. Cans. Then
Mr.. William L. Marbury will speak
in support of the demurrer, replying
to Mr.. Bonaparte and Mr.. Cans and
closing the argument.
Attorneys William L. Rawls and
Ridgely P Melvin, of counsel for the
Democratic registers who are being
sued, opened the discussion. Mr..
Rawls, the first speaker, said there is
no allegation in the declaration that
the registers did anything more than
enforce the law and that the suits
against the must rest upon the prop
osition that they are responsible for
executing in good faith statute pass
ed by the General Assembly of Mary
land. The law is we'll settled, Mr..
Rawls contended, that there can be
no recovery against election officials
for any act, no matter how illegal,
unless it was done maiciously.
R AS to Section 1879 of the Revised
Statutes, under which the suits were
brought, Mr.. Rawls said that it was
merely declaratory that it was pass
ed to enforce civil rights guaranteed
by the Fourteenth Amendment and
does not cover the political rights
guaranteed by the Fifteenth Amend
ment, and that the Annapolis election
law does not deprive any citizen of
the United States of any right, priv
ilege or liberty guaranteed by the
Constitution.
He discussed what he termed the
great question in the case-whether
the fifteenth Amendment applies to
it at all He argued that the
amendment makes a distinction be-
tween citizens of the United States
and citizens of the States. .-Balti-
more Sun.