Sharp County record., 1912-08-23
THE GRANDFATHER CLAUSE

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stitution of this state; then it seeks
to exempt from this additional
qualification certain classes of per-
sons, to-wit: Those who were vOt-
ers, on or prior to January lst, 1866,
and those of foreign birth who
shall have been naturalized prior
to the adoption of this amendment
as we'll as their lineal descendants.
Nov, the trouble with me arises
when | undertake to determine
whether the phrase lineal descend
ants of such person applies both to
those who were voters on or prior
to January 1st, 1866, and foreign
ers naturalized prior to the adop-
tion of this amendment, or only ap-
plies to the naturalized foreigner.
If the phrase lineal descendant OF
such person applies only to the
naturalized foreigner. then all our
voters, except the foreign born vot-
er, must possess this new qualifica-
ton before he can be qualified ell
ector or voter, except of course, the
few who are yet living who were
voters on or prior to January 1st,
1866.
Had the word persons instead
of person been used in the phrase
'lineal descendant of such person
there would have been less doubt
as to the meaning, and had the
phrase 'lineal descendant, ETC. fol-
lowed each class of persons exempt
from this new qualification, there
could have been no doubt but that
this educational and intellectual
qualification was intended only for
the African voter, and, while am
inclined to believe that our courts
would hold that the exemption in
cludes descendants of all who were
voters on or prior to January 1st,
1866, yet | see nothiug in the lang
uage of the proposed amendment
such a construction.
IT,, HERRN."
Evening Shade, Ark.
" /" :
The Record is glad to publish
these opinions. Mr.. Herrn is quite
correct in his contention that the
Is so written as to ad-
NIT Of a construction different from
the purpose the amendment was
intended to serve beyond any ques-
ton, The evident intention of the
legislature, If the people endorsed
the amendment, was to legally dis
franchise the illiterate negro. We
are certain of that. Mr.. Herrn is
also sure of that. There is no
reason imaginable why the lesisla-
ture should want to say that the
descendants of naturalized citizens
should be exempt from an educa-
tional qualification and that this
qualification should be imposed
upon descendants of our own ma
tive citizens. That would be most
unfair and unjust, and no sensible
excuse that we can think of could
be offered for such q discrimination
against our own people, Here Is
the exact language of the amend
ment as to those to whom the ed
ucational qualification shall not ap-
ply:
-. No person who was on Jan
uory !, 1855, or at any time prior
thereto, entitled to vote under the
constitution or statutes Of any state
In the United States wherein he
then resided, and no male person of
foreign birth who was naturalized
prior to the adoption of this amend
ment and no lineal descendant of
such person -,
It strikes US that 1t would be a
close, hair-splittlns decision If a
court should decide that the phrase
and no lineal descendant of such
person" applies only to the class Of
persons which the phrase imme-
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