The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-02-05
STATE WILL DEFEND
INDICTED OFFICIALS
BOTH HOUSES PASS RESOlU.
TloN AUTHORIZING GOVERNOR
cRUCE TO EMPLOY ATTORNEYS

Under a resolution passed in botf
Governor Cruce was authorized TO EN-
ploy attorneys to conduct the defense
of the state election officials who
were recently indicted by the federal
grand jury at Guthrie, where the in
dictments were based on their actions
in enforcing the constitution and
laws of this state. The legislature
pledges itself to make appropriation
for their payment.
The position taken by members of
the legislature is that if the officials
in question excluded from voting on
~ such negroes as are barred under
the grandfather clause, they commit
ted no offense, while If they excluded
negroes who were entitled to vote un-
der that provision of the constitution
they were violating the laws of the
state and should have been prosecut-
ed in the state courts.
The resolution originated in the SEN
ate and was made the subject of a
lively skirmish along party lines there
while in the house it went through
without comment or discussion and
without even a roll call. The senate
debate was featured by the presen-
tation of an amendment by Senator
Potter, minority floor leader, authoriz-
ing the defense to be conducted by
the attorney general, and his declar-
alton that he would support the res
olution with that amendment.
The amendment was recognized as
merely an attempt to make political
capital and Senator Brownlee, repub-
lican, who followed Potter, opposed
both the resolution and the amend
ment, declaring that such action was
unprecedented, and asserting that
grevious wrongs had been done to
the negroes in his county. He voted
for the Potter amendment, however
on roll call.
In defense of the resolution Sena-
tor Roddie denied that it was an at
tack on the courts, as Brownlee had
intimated, declaring that even if the
supreme court of the United States
declared the grandfather clause uncon-
stitutional the men indicted for en-.
forcement of the provisions could not
be convicted. He stated that the Unit
ted States district attorney had ad-
vised citizens to violate the law of
the state after the supreme court had
held it good, and asserted that there
is no court within the state that has
a right to question the constitution OF
Oklahoma after the supreme court of
the state has passed upon it. He also
stated that ample precedent for this
action could be found in North Caro-
lima
Senator Berkey of Guthrie, republi-
can, supported the Potter amendment,
stating that he knew both of the men
indicted in his county, that they were
good men and he would like to see
them defended, but did not approve
OF the expenditure of additional mon
ey.
The Potter amendment was defeat
ed II to 2l, Senators Eggerman, Hat
chett Sorrels and Thompson, demo-
Gratis, voting with the republicans. |
The resolution itself was adopted on
roll call. 26 to 10, a strict party vote.
The house also passed the resolu. |
tion by Anthony, Crawford and Clark
of Atoka, providing for an investiga-
tion of the charge that a conspiracy
had been entered into between fed,
eral officials and republican leaders
to harrass election officials who tried
to enforce the grandfather clause. No
action was taken on that resolution in |
the senate.-Oklahoma