The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-06-21

Ahe court acted unexpectedly
and on rs own initiative In or
dering reargnment OF the Har.
vester case. II had been asked
By neither the government nor
the company. Rcarsumenia gem
orally are ordered when the court
stands very close on a declalon.
Washington, June 2i.--The Okla
homa constitutional grandfather
clause" restricting the negro vote was
today annnlled as Unconstitutional BY
the supreme court.
The court hela that oklahoma had
not meant to provide a liternos test
for In voters Il the restrictlons ~ 10
those qualified % vote In ts6s was
Illegal and hence. struck down that
test, although holding that standlns
alone such test was constitutional.
The decision was unanimous
chief Justice White announced the
decision. holding that II was a viola
tion OF the fifteenth amendment TO
select an arbitrary date. such az fe0e.
Ia fixing the qualification of voters
The decision IL believed 10 reach
r'grandfather clause legislation In
many southern states.
History Of "Grandfnthcr Clnnse."
For more than fifteen years the
grandfather clause" has been in
serted IN constitutions uf southern
states The most popular form has
been To exempt from educational and
property tests for vating those who
could vote In isge. 1897 or 1865. thus
leaving the tests 20 apply TO those
who did not vote at those Gates.
The Oklahoma grandfather clause
provides that no person shall be reg.
isiered as an elector In this state or
be allowed To vote IN any election
herein. unless he be able to read aud
write any section OF the constitution
fthe state of Oklahoma. but no
person who was. on January !. 1855.
or al any time prior thereto, entitled
To vote under any form Of govern
ment. or who az that time resided in
some foreign nation. and no lineai
descendant OF such person, shall be
denied the right to register ana vote
because OF his Inability 10 NO read and
write sections OF such constitution
la Maryland the eiause was insert-
ed ln laws governing elections IN
various cities. Ia 1905 Il was insert
ed la the law governing municipal
elections 10 the city OF Annapolis it
authorized the registration as voters
OF all taxpayers OF the city assessed
lOr at least sS00i all duly natnralized
citizens ~ years OF age. and ~ali cit
izens who prior 20 January 1. 1855.
We're entitled TO vote In the state oi
Maryland or any other state of the
United Statcs az state election. and
the lawful male descendants OF any.
person who prior TO January I, 1853,
were entitled To vote in the state Of
Maryland or IN any other state OF the
United states at a state election"
Various arguments were advanced
10 meet the attack that these clauses
violated the fifteenth amendment 40
the constitution providing that the
right OF citizens of the United States
TO vote shall not be denied or
abridged by she United States of by
any state On account OF race, color o.
previous condition OF sefyitade.
I Another line of argument was that
the clauses did not "dens" or
, "abridge" the right OF negroes %
Z vote. as forbidden by the fifteenth
amendment, but Il merely discrimi-
mated against them by ailewing those
not negroes to vote without meeting
the qualifications imposed ossenainiy
I ttt.... All