The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1912-06-06
MUST ENFORCE
GRANDFATHER
STATE LAW
FRED BRANSON SAYS ELEC-
TORS ARE STATE OFFICERS
AND MUST OBEY
special TO The Daily Leader.

Special TO The Daily Leader
MUskogee. Okla. June 6- Fred 2.
lrausou, vino as chairman of the
state Democratic central committee,
Initiated The amendment to the Okla
BONA constitution known as the
grandfather law. which law is now in
cporatiou i'm this state. IN al opinion
jHSt given out. holds that The ten pres
identia. electors in Oklahoma are state
Cf1icers aud Thar the law OF the state
will apply TO them IN the November
eie, ION Mr. Bransons opinion.
which viii be transmitted TO the dit-
fercnt boards oil election Of the state,
II cans that the negroes who cannot
stand the grandfather Test, viii be de-
] ed the right to vote for president IN
Oklahoma this wear. Two decisions
rendered bY Judges Campbell and OF
teral in the Eastern and Western dis
u.ots Of Oklahoma. respectively. have
caused some OF the election officers OF
tie state 10 be in doubt. but Mr..
Bransons opinion will clarity the sit
uation
In the case tried before Judge Camp
bell certain precinct election officers
Wore prosecuted under the United
states laws for refusing to permit ne
groes TO vote at the general election
u November. 1910 Mr. Branson who
represented the election officers de-
nurred 10 the Indictment Oh the
grounds thar, while the amendment TO
tue constitution may have been in
tended to give negroes the right TO
vote. still congress had made no pro
vision for its enforcement and until
such provision was made, the state
was supreme. He argued that this
lad been so decided by the United
States circuit court in an opinion
handed down by Justice Lurton. now
Of the supreme bench. and By other
APPELLATE courts.
Judge Campbell sustained Mr. Bran
son and the men were discharged.
The court held that the state was su-
peme in providing laws for The cleo
ton OF state officials The case de
clded by Judge Cotteral, in which the
court refused 10 sustain a demurrer TO
The Indictment was different for an
this Instance, the men We're indicted
Tor conspiring TO prevent a negro from
voting for congressman The court
he'd that the conspiracy charge would
re AS the men We're accused Of con
spring 10 prevent man from voting
for a congressman, which was a crime.
Mt Branson in his opinion holds
that presidential electors are nothing
but state officers. and While TIE gen
eral Impression may he thai voter
ID casting his ballot is voting for
president he is mistaken and is only
voting for electors who in turn MAJ
&" may not vote for president He
holds that electors must be voted on
aust like any other state officer. and
u the election officer finds that the
negro voter cannot qualify under the
r2ndtather Amendment. then rho ne.
ffo can be denied the right 10 vote.
IN Is estimated that there are 10
zoo negro men in the state who are
over = Years OF age and OF this mum
aer less than l5000 win bc permitted
TO vote for presidential electors in
November
Election officers are 10 he advised
10 let every man vote who is entitled
10 under The law but not 10 be intinri-
Gated hy United States marshals who
II try to force the officers 10 permit
%llofdht negroes TO vote for presiden.
tal electors
Nr Rranson maintains that the
l2W Is s1uarely on the side al The Ok
lahoma election officers and thcv are
supreme in the matter