The Birmingham age-herald., 1915-07-11


 side working to this end. but it is un- necessary and irrelevant.
 Labored to Meet Conditions
 The committee on suffrage and elec- tons of the constitutional convention realized the conditions of the state and labored to meet them, and finally agreed upon a property and educa- uonal qualification and the payment of cumulative poll tax. The serious question confronting the committee then, was, would the people ratify it? There was no difficulty as to the vote or what Is known as the black belt, but the real opposition came from the most populous white counties on account of me literacy and property qualifica- tion. Many white people apprehen1ed disfranchisement by these qualifica- lions We not only had information from the members of the convention from all parts of the state, but, though rot generally known. private persons visited different parts of the state, and upon the whole, we were fearful of the results. This condition led to the consideration of some method which would satisfy all reasonable voting citizens of the state and quiet their fears These were the reasons which led some of us at least to frame up what is called the temporary plan. We wanted something that the people would approve, and we wanted some thing which was In harmony with the fifteenth amendment, but we did not intend to jeopardize the permanent plan by any objections that might be held against the temporary plan.
 Application of General Rule
 We believed then, and the writer is haf fha ton demands the application of the general rule in construing statutes, recognized and confirmed by Chief Justice White. that one entire statute of several sections will not be annulicd because of an Illegal section. unless the legal and illegal are so allied as to COL operate in creating or sustaining that which is illegal; and as a further safeguard on this point the conven- ton to show it's mind or intention adopted section 196, which provides that if any section or subdivision of this article shall be declared invalid or void, the residue of the article shall Tot be thereby invalidated or affected
 This disclosure and private opinion of the writer must not be construed in any respect as conceding his convic- ton that the temporary plan itself is not immune from the influence of the fifteenth amendment. Much time in- vestigation and serious thought was given to it.
 Section 1So of the constitution em- braces the whole of the temporary plan. The section begins: "The follow ing male citizens of this state who are citizens of the United States, etc." The premise is followed by three sub divisions The first includes all who have honorably served in the land or naval forces of the United States i'll any war in which the United States has been engaged, or in the Confed- crate states, or Alabama, in the war between the states.
 Second, the lawful descendants of those who have served as above pro- vided. or in the war of the American revolution.
 Third, all persons who are of good character and who understand the du- ties and obligations of citizens under republican form of government.
 Now. my friend when I assure you that the subcommittee spent week framing up and agreeing on this third subdivision, you Will appreciate how much we dreaded this fifteenth amend ment. The rule here fixed and almost the verbiage was taken from the quali- fication required by our naturalization laws. It begins with "all persons" It is wholly disconnected and isolated from the first and second subdivisions WHICH pTeceQe IL. mere IS no Q1SCT1lnl- nation on account of "color, race, or previous condition of servitude." It Is "whosoever will"
 Under First and Second
 If any person qualified as an elector under the temporary plan, surely the objection that 1t contravenes the fif- teenth amendment is without merit I doubt that there is of record through out the entire state a registration un- der the first or second subdivisions, or either of them, and it is hoped that none registered who were not qualified under the third subdivision. How Is it possible that such registration can be invoked as an injury to or denial of any right of citizen of Alabama at this late day. All of these sub divisions in the temporary plan be- come imperative, dormant or annulled on the first day of January. 1903, since which time the permanent plan only has has been in force, and I think it clearly demonstrates there can be no valid objection to the educational and property qualification. construe Chief Justice Whites opinion con- ceded as much.
 But Is there any valid objection to subdivisions one and two of section 1S0, and which constitutes the grand father clause? The state alone has the authority to prescribe the qualification of an electOr. and thera is m 1ip,i+o.