Evening star., 1915-06-22

a literacy standard, and then followed
it with provision creating standard
based upon the condition existing Jan.
uary 1, 1866, prior to the adoption OF
the fifteenth amendment. and eiimi-
mated those coming under that standard
from the inclusion in the literacy test.
Destroys Fifteenth Amendment.
The court had dificulty, he said. in
finding words to demonstrate more
clearly its conviction that this action
Of the state re-created and perpetuated
the very conditions which the fifteenth
amendment was intended to destroy
than the language used in the amend
ment.
ut is true" continued the Chief JUS
tice. that it contains no express words
of an exclusion from the standard
which it establishes of any person on
account of race. color, or previous con-
dition of servitude prohibited by the
fifteenth amendment. but the standard
itself inherently brings that result into
existence since it is based purely upon
a period of time before the enactment
of the fifteenth amendment, and makes
that period the controlling and doml-
nant test of the right of suffrage.
No Reason for Time Fixed.
less the prohibitions of the fifteenth
amendment were considered, the slight
est reason was afforded for baslng the
classification upon a period of time
prior to the fifteenth amendment. Ger
tainly 1t cannot be said that there was
any peculiar necromancy in the time
named which engendered attributes af-
fecting the qualification to vote which
would not exist at another and differ
ent period unless the fifteenth amend
ment was in view"
The Chief Justice had prefaced this
statement by a development of the ar
gument that the restriction imposed bv
the fifteenth amendment on the power
of the states over suffrage was coinci-
dent with the limits of the power it.
self. He also set forth the principle
that while in the true sense the fif-
teenth amendment gives no right of
suffrage, ''it was long ago recognized
that in operation it's prohibition might
measureably have that effect: that is
to say, that as the command of the
amendment was self-executing and
conditions of discrimination against
which it was aimed. the result might
arise that as consequence of the
striking down of discriminating
clause a right of suffrage would he ems
r ho
ter of the provision which would re-
main after the discrimination was
stricken out"
This was said by way of answer IN
the argument OF attorneys for the cleo
ton officials that the f1fteenth amand
ment was meaningless, because there
was no such thing under the American n
form Of government as right" to vote
Grandfather Clause Meaning
For more than fifteen wears tho
"grandfather clause" has been insertad
in constitutions of southern states Tha
most popular form has been to exsn,.
from educational and property te.,s
for voting those who could vote IN
1866. 1867 or 1868. thus leaving the tests
to apply to those who did not vote at
those dates.
The Oklahoma grandfather clause
provides that no person shall be reg
istered as an elector in this state or
be allowed to vote in any election here
in, unless he be able to read and write
any section of the constitution of the
state of Oklahoma, but no person who
was, January !. 1866. or at any time
prior thereto. entitled to vote under
any form of government, or who at that
time resided in some foreign nation
and no lineal descendant of such per.
son, Snail Dc ucHicu tHe TiBHL TO regis
ter and vote because of his inability to
80 read and write sections of such CON
stitution.
In Maryland the clause was inserted
in laws governing elections in various
cities. In 1908 it was inserted in the
law governing municipal elections in
the city of Annapolis. 1t authorized
the registration of voters d all tax
nayers of the city assessed for at least
$500; all duly naturalized citizens. all
male children Of naturalized citizens
twenty -one years of age, and "alI citi-
zens who, prior to January !, 1868, were
entitled to vote in the state of Mary
land, or any other state of the United
states al a state election, and the law
full descendants OF any person who prior
to January /. 1858. were entitled to
vote in the state of Maryland or in any
other state Of the United States at 4