New-York tribune., 1913-06-29
congressman Considering Cam
inetti-DiggS POStpOnement,
Recall Another Request.
MAY AFFECT ELECTIONS
Attorney Generals Action in
Asking More Time Before
Trial of Grandfather
Clause" Suit Criticised.
From The Tribune Burcau.l


with which Attorney General McReyn-
clds ordered a postponement or the
Caminetti- Diggs white slave case TO
oblige the senior Caminetti, now Com
missioner General of immigration, de-
spite the repeated warnings of United
states Attorney McNab that such
course would be prejudicial to the ends
Of Justice, has served to recall TO Re-
publican Senators an earlier instance IN
which Mr.. McReynolds exhibited the
same spirit Of accommodation" at the
instance. il is believed. Of the Okla
homa Democracy and its representa-
tives in Congress.
There came up in the Supreme Court
of the United States on February the
appeal in the case of Frank Quinn and
J. ]. Beal VS.. the United States. This
case was Of such Importance, In the
opinion of the court. that at the re-
quest of the Department Of Justice its
hearing was expedited, and April I was
set for the argument.
on that day, however. a representa-
tive Of Attorney General MCReynolds
appeared in court and asked post
ponement Of the trial to the fall term,
which means the case may not be ar
Cued until some time next spring
Through the expediting motion the case
lost its normal place on the docket A
request by the government TO postpone
a case which at its request the court
had consented To expedite is, according
to officials Of the Department of JUS
tice, without precedent.
Equally so, they say, is the reason
for this course, which appears to be
nothing less than a desire on the part
OF the Oklahoma Democrats TO post
pone as long as possible a test Of the
grandfather clause" Of the cOnstitu-
ton Of that state-which clause is, or
course. designed to deprive negroes of
the right of citizenship.
Convicted in Appeals Court.
The defendants in this case, Quinn
and Beal, according to the record, were
indicted for conspiring to intimidate.
because they were negroes, certain ciu-
zens in their right TO vote in a Con-
gressional election. They were con-
victed, but appealed to the Circuit
Court Of Appeals, when they were re-
leased on bail The basis Of their ap-
peal was a justification Of their act
under the grandfather clause OF the
state constitution.
The Court of Appeals, not desiring to
accept the responsibility for deciding so
important a question, certified" the
case to the supreme Court Of the
United States.
In his motion to have the case eX-
pedited Solicitor General Bullitt urged
that "the case presents an important
n question, and since other elections are
y coming on in which the same trouble
may arise. it is desirable that an early
hearing and disposition Of the case may
be had. The defendants are out on
bail"
That no compelling reason existed in
this instance has been charged. II is
true there is no Solicitor General TO
argue cases for the United States in
the Supreme Court, but that is because,
contrary TO precedent, the Attorney
General accepted the resignation Of So
Ncitor General Bulhtt without waiting
to select man to fin his place.
II has been the custom TO request the
Solicitor General TO hold his Office after
a change Of administration until he has
completed the arguments Of cases with
which he was familiar and which were
10 be argued during the spring term Of
court.
Other Lawyers Available.
1t is pointed out that unless the At
torney General knew he had at his dis
posal other expert legal services, so the
causes OF the government would not
suffer. he would not have advised the
President 10 accept Solicitor General
Bullitt's resignation, especially as
President Wilson has shown no anxiety
TO dispense with the services Of Repub-
licans merely because they are Repub-
licans.
There are elections coming up in
Oklahoma next year, and should the
Supreme Court sustain the government
in this case the grandfather clause"
would be voided, the negroes could vote
and the political complexion of the
state might ! changed.
1t is a matter Of gossip in Senatorial
circles, although not susceptible Of
verifcation, that when certain Okla
homa Congressman were asked how
they expected the Supreme Court 70
deal with the grandfather clause"
they remarked Ii would be long time.
and probably "a very cold day" before
the Supreme Court passed on the
question, and that the laws delays
had their uses as well as their mis-
uses."