The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-05-23
TWO DECISIONS THAT
ARE EXACTLY OPPOSITE
Many Defendants Freed BY One
Ruling While -Four arc
Held BY Other

Opinions OF the two federal judges
Iii Oklahoma are apparently in con-
flct with regard TO the grandfather
clause In the state election law.
Judge Ralph Campbell at Muskogee
Yesterday Quashed on demurrer sew
eral indictments against officials
and Judge CoIteral at Oklahoma City
held for trial four of seven defend
ants charged with determinations
against negro voters
Judge Campbell holds that the in
dictments of Muskogee county elec-
tlon managers DO not charge an Of
tense under any Law OF the United
States, was sustained and the prose-
cution dismissed.
Judge Canapbells decision was
solely on Section 20 OF the penal
code He holds that there can be
no prosecution under this section as
no conspiracy il charged but re-
serves his decision on section l9.
In the January term of the federal
court fourteen election officers in
Eastern Oklahoma were indicted by
the federal grand jury, charged with
unlawfully aud knowingly depriving
voters OF the right of suffrage
The decision was in the case OF
Jesse Talbot, and the Judge only
mentioned the grandfather clause
once The wording IS
In this charge to the grand jury
which returned the indictment, this
court, Tor reasons then announced
concluded that the section of the
state constitution referred to is
violative or the Fifteenth Amend
ment 10 the federal constitution,
and therefore invalid and Of no
legal effect and further, consid-
GRAFTON of the question. In the light
OF the authorities cited by counsel
for defendant, has not led to a dif-
ferent conclusion.
The court further states: III IL
conceded that the only 0fgense
charged Ia the Indictment can be
prosecuted, II at all. where no con~
spracy Is alleged, Is section 20 of
the criminal code OF the United
States, approved March 4, 1909
What Judge cotteraI Hoius,
Holding the grandfather clause
amendment to the state constitution
unconstitutional because it il tn yio-
lation of the Fifteenth amendment
OF the constitution Of the United
States Judge Cottefal. oyefrnIed the
demurrer OF defendants III the case
OF the United States VS. i Beal
and Frank Quinn, d W. Jefferes and
willard Smith election officers In
the case Of Harry Neal his demur-
rer was sustained the court holding
that the federal statute under whicn
action was brought did not apply to
the elective franchise
The first question passed on by
Judge Cottefal was the application OF
the conspiracy statute under which
action against the four was brought
The judge held that 1t did not apply
only TO the injury oil the person. but
TO injury IN the exercise Of right
The power to give the right To
vote, the court held, was not given
TO the federal government. but the
Fifteenth amendment of the ceastf-
tuition says that the right To vote
shall not be denied any person be-
Cause Of race, color, OF previous con
dition Of seryitude" 10 make the
snbiectl0n of certain individuals I'd
the educational test dependent on
their condition before 1866. would
make It dependent en- their race and
color the court held. the test was
exacted 0g some and not Of others
Judge Cotteral said
The grandfather clause amendment
10 the state constitution egempts
from the educational test reading
and writing, section Of the state
constitution whose ancestors those
entitled 10 vote Oh January 1896,
or residents of foreign country.
Under this clause negroes we're DEM
cd the right To vote
The four detendanst we're given
until the first Monday III june 10
plead smith and Jeffries live in
logan county and Beat and Quinn In
KinglisAeF county II Ia expected
they will be- tried next September.
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