The Washington bee., 1910-11-26

race, color or previous condition of
seTvitude."
Section ?. "The Congress shall have
power to enforce this article by ap-
prOpriate legislation"
Congress exercised the power thus
given it by enacting the statute ap-
proved May 81, 1870, which is now
Section 2oo4 of the Revised Statutes,
which reads as follows:
Section 2oo4. "All citizens of the
United States who are otherwise
qualified by law to vote at any cleo
ton by the people OF any State, Ter
ritory, district, county, city, parish,
township, school district, municipality
or other Territorial subdivision, shall
be entitled and allowed to vote at all
such elections without distinction of
race, color or previous condition of
' 'servitude; any constitution, law, Gus
tom, usage or regulation of any State
| or Territory or by or under its
authority to the contrary nOtwith-
standing"
And Congress, by an Act approved
April 20, 1871, now Section 1870 of the
| Revised Statutes, further enacted:
Section 1870. Every person who,
iunder color of any statute, ordinance,
regulation, custom or usage of any
| State or Territory, subjects or causes
! to be subjected, any citizen of the
United States, or other person within
/ the jurisdiction thereof, to the depri-
vation of any rights, privileges or
Iimmunities secured by the COnstitu-
| ton and laws, shall be liable to the
Iparty injured in an action at law, suit
in equity, or other proper proceeding
| for redress"
And also enacted Clause 10 of Sec
ton 629 of the Revised Statutes, Civ
ling to the Circuit Courts of the
United States original Jurisdiction, as
! follows:
sixteenth. OF all suits authorized
| by law to be brought by any person
to. redress the deprivation under
color of any law, statute, ordinance
| Regulation, custom or usage of any
right, privilege or immunity secured
| by the Constitution of the United
| States, or of any right secured by any
llaw providing for equal rights OF
citizens of the United States, or OF
all persons within the jurisdiction OF
Prior to Jan. I, 1868, by the Consti-
tuition of Maryland, only white" male
citizens of the United States having
| the required length of residence were
entitled to vote, and, therefore, by the
| letter Of the Maryland law, prior to
Jan. I, 1868, the plaintiff, Anderson,
being a black man, was not entitled to
vote: and Howard and Brown, not be
| ing descended from persons who, be-
ing white, were entitled to vote, were
! likewise not entitled TO vote; and the
defendants upon that ground solely
denied to the plaintiffs registration.
Upon this state of facts and of the
supreme law of the land, have not the
defendants, contrary to that law, dis
criminated against the plaintiffs in the
denying to them the right to vote be-
cause of their race and color; and have
not the statutes enacted for that pur-
pose given them a right of action?
1t is true that the words race" and
color" are not used in the statute of
Maryland; but the meaning of the law
is as plain as if the very words had
been made use of, and it is the mean
ing, intention and effect of the law,
and not its phTaseology, which is i'm
portant No other possible meaning
for this provision has been suggested
except the discrimination which by it
is plainly Indicated
This being so, what is the effect of
the Fifteenth Amendment? It IS de-
clared by the Supreme Court to have
the effect of obliterating from the
statutes so much of their provisions
as creates the forbidden discrimina-
ton. Neal VS.. Delaware, Io3 y. S.,
$40.
In the case of United States VS..
Reese, o2 u. s., PA. Chief Justice
Waite said Opp. 2I7-2I8):
"The Fifteenth Amendment does
not confer the right of suffrage upon
anyone. It prevents the States, or
the United States, however, from Civ
ing preference, IN this particular, TO
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