The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1911-10-27
REPORT ON
SUFFRAGE CASES
Cases Of Bean And Quinn at Enid to
Be Appealed TO Court Of Last
Resort.

Oklahoma City, Oct %. - Detailed
written report was made Saturday
night by Judge C. B. Stuart, states
attorney, in defending the suffrage
cases in the federal court, to Governor
Lee Cruce. concerning the recent con-
yiction Of Beall and Quinn at Enid,
and the probable effect Of the courts
action upon the Oklahoma grandfather
election law. Beall and Quinn, cleo
tion officers in Kingfisher county, were
convicted for an alleged conspiracy to
deprive negroes Of their right to vote
at a congressional election (being the
last general election), and sentenced
by the court TO each serve one year
and day in the pententiary and to
each pay 800 fine. Both cases will be
appealed, Judge Stuart says, until the
state can secure a decision of the court
Of last resort.
Since the cases were first brought,
the states attorney have been success
ful in having all those pending in the
eastern district, and about half of
those in the western district dismissed
in view of the federal courts holding
on the mean of Section 20 of the suf-
frage law, under which the prosecu-
| tions were instituted For the first
time in the history of federal courts
the state attacked Section 20, contend
ing that it was not intended to give
effect to the fifteenh amendment of
the federal constitution but that the
rights covered and protected thereby
were civil and not suffrage rights.
Judge Stuart took that view. and
twelve or fifteen indictments based
upon the section were held for naught
AS to the probable effect upon the
grandfather clause, Judge Stuart says
"At a purely state election (meaning
an election at which none but state,
county or municipal officers are elect
ed this clause may be enforced by
officers of the state without let or
hindrance from the federal courts, be-
cause there is nowhere upon the stat
ute books of the United States any
law which gives the United States
courts power to arrest and punish any
individual acting for himself or with
others, or any agency of the state gov
ernment, touching conduct at a purely
state election With reference to fed |
eral elections (meaning those at which |
members of congress are chosen) the !
only statute in force is the conspiracy
statute and this, under the holding
of Judge Cotteral, does not prevent the |
enforcement of the grandfather clause
at such federal elections, if it is done
honestly and in good faith. and in full |
belief of its validity and constitutions
ally.
The only thing Which could possibly |
initiate against this view is the hold |
ing by Judge Cotteral, since the last
election. that the grandfather clause
is unconstitutional II might be con
tended that no election officer here
after could act i'm good faith as to the
enforcement of this clause in the face
of the federal decision as rendered by
Judge Cotteral holding it unconsttu-
tional If the decision of Judge Cot |
teral holding the law unconstitutional |
ohou no hold -, ,,vo,.opt N ,,lao ,F c,ood /
faith hereafter in the enforcement of !
the grandfather clause it will leave a |
most embarrassing situation We can |
not believe however, that such will be |
the holding of the United States court I
for the western district of Oklahoma. I
because of the effect of it would be to |
make the Judgment of an inferior fed |
eral court nullify the Judgment of the
supreme court of the state. passing
upon the constitutionality of it's own /
states statute In other words. such |
"a holding would destroy the good faith |
of an election officer who believed that |
his supreme court was right and that
the inferior federal court was wrong"
Judge Stuart tells the governor that
he has associated with him in the case
A. c. Cruce. w. A. Ledbetter of Okla |
homa City Norman r. Haskell, Fred
Up. Branson of Muskogee and C. G. |
Horner of Guthrie, mot because I was
directed to do so by you" says the let
ter, "but because each of them, in