Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-05-23
ELECTION CLAUSE
IS conflicting
GRANDFATHER" LAW NOT PER-
MllTI1D BN L. ;, CONSTITUTION
SIGNIFICANT date IS 1866
ONcrrulc4 Dcmurrcr- tO Indictments
Educational Test Discriminating
Says COttcrnl.

Special 10 the World
oklahoma city May 22,-Tho
grandfather clause" amendment 70
the oklahoma constitution was de-
clared to be I'm conflict with the NJ
teenth amendment to the constitution
of the United States. by United states
Judge John II. Cotteral today in a de-
clslon overruling demurrers to iudlct-
ments In four election cases in Vest
ern oklahoma.
willard Smith and u. w. Jeffrics
Of Seward. Logan County and Frank
Quinn and J. j Beall OF Hennessey,
Kingtsher County were given until
the first Monday in June to plead 70
Indictments charging them with con-
spring 10 injure negro citizens in the
exercise OF their right The power
to give the right to vote, said tina
court, was not given to the federal
government, but the states were pro-
hlbited from discriminating against
citizens by the fifteenth amendment
which declared that the right to vote
should not be denied to any person be-
cause OF race, color, or previous con-
ditlon OF seryitude.
It was inevitable said Judge Cot
tcral. that the grandfather clause
would fall by that test There was
no contention, the court continued,
that the imposition of an educational
test was a restriction Of suffrage right.
Here the requirement WIS that vot-
ers should read and write
But this educational test was exact'
ed Of some and not Of others. To mako
tho subsection of individuals TO tha
educational test dependent on their
condition before 1865 would make II
dependent on their race ana color,
Judge Cotteral declared.
The court held 1t a significant fact
that the date adopted for a dividing
line was prior to the adoption Of the
fifteenth amendment. II was obsery-
ed that the federal constitution still
operates to prevent any state from dis
eliminating against citizens because
OF race and color.
Judge Cotteral declared that the
"grandlather clause" did indirectly
what could not be done directly, and
that should It be permitted the coun-
try would soon get away from the
foundation principles OF It's governs
ment.
Judge Cltterars opinion Is soma
TO- 900 words in length and goes deep-
ly into the legislative and judicial hiss
tory of suffrage acts and suffrage re-
strictiOns.
Court Quashes Indictments.
Muskogee. okla. May 22.--Four-
teen indictments against election Of
ficials in Eastern oklahoma were
auash this morning in the United
States Court and the cases against the
defendants dismissed. In an opinion
rendered by Judge Ralph II. Camp
bell OF the United States District Court
the demurrer that the indictments do
not charge an offense under any law
Of the United States, was sustained
and the prosecution dismissed.
Judge Campbelrs decision was
solely on Section 20 Of the penal code.
He holds that there can be no prose-
cutlon under this section as no con-
splracy is charged, but reserves his
decision on Section 19, A report from
, Oklahoma City Is to the effect that
/ Judge Cotteral overruled the demur-
/ rer 10 quash tho indictments under
, Section 10. Judge Cotteral has prev
iously held as does Judge Campbell
with reference to Section 20.
, In the January term of the federal
court fourteen election officers In East
q. ern Oklahoma were indicted by the
federal grand jury charged with un-
lawfully and knowingly depriylng
voters Of the right Of suffrage.
Among those indicted were Jesse
Talbot, W. NJ. Davis, VIM. +. Har-
. Ian, Charles Smith. Carl Camp, Jack
Flaherty, Jno. A. Kidd, stephen, Rus
, sell, A. J. Terry Il. B. Page, Thos
d. Taylor, Jas. b. Dowell Rand Lee,
! Frank HARLEY
r The decision was rendered on the
case OF the United states vs. Jesse
! Talbot. in only one place in the decls-
ion which covers 10 typcwritten pages,
does Judge Campbell refer to the
grandfather clause. The wording OF
the decision In this instance Is as fol-
lows:
"In IFS charge to the grand jury
. which returned the indictments, this
court, for reasons then announced.
concluded that the section Of the state
constitution referred to Is violate OF
tho Fifteenth Amendment TO the fed
eral constitution. and therefore invalid
and Of no legal effect and a further
consideration OF the question, In tho
light Of the authorities cited by coun-
sci for defendant has not led to a ar
ferent conclusion"
The court further states 1T Is con-
ceded that the only existing criminal
statute Of the United States under
which the offcuse charged IN the In
dicmeut can be prosecuted, n at all,
where no conspiracy Is alleged, Is Sec
tion 20 Of the criminal code Of tho
i United States, approved March T. 1909.
Up tC Lorlmcr Again.
BY Associated Press
A.,