The Washington times., 1915-06-22
THE SECOND EMANCIPATION

The Fifteenth Amendment is no
longer dead letter. 1t is now ver-
lily part Of the Constitution. The
United States Supreme Court has
ceased to temporize with it. The
purposes for which the civil war
was fought have at this late day
been all fulfilled. Such is the mean
ing Of the decision handed down
yesterday, which declares void the
Oklahoma grandfather clause"
patterned after the clauses in the
constitutions of many Southern
States which have as their object
the disfranchisement Of the negro.
These clauses imposed conditions
upon registration impossible, for
many negroes to meet, but which
were so framed as to except white
persons of equal illiteracy, and at
the same time to evade the appear
ance Of discriminating between the
races.
There have been several efforts
to overthrow the discriminating
clauses, but without exception until
the Oklahoma case was brought be-
fore it, the Supreme Court managed,
by ingenious reasoning, to dismiss
the actions. In one case the court
held that no Federal right had been
decided adversely to the plaintiff;
in another, that the plaintiff sought
registration under registration
scheme that was alleged to be
fraud upon the Constitution Of the
United States; or that the plaintiff
was applying for a writ Of prohibi-
tion to prevent the canvass of votes
cast at an election, whereas the can
vass had already been made and the
certificates Of election issued. In
this manner every appeal was made
a moot case until the court con-
sented to examine the Oklahoma
clause.
There undoubtedly will be at
|tempts, at the first opportunity, to
have the Supreme Court pass upon
the laws that disfranchise them.
Actions must be started in every
State if relief is to be obtained. 1t
is probable that the court will 20
below the surface Of things in such
suits hereafter, and not dismiss
them, as it did the case of Williams
vs.. Mississippi with the statement
"They 1.-THE discriminating laws] do
not on their face discriminate be-
tween the races, and it has not been
shown that their actual administra-
tion was evil, only that evil was
possible under them" The decision
yesterday indicates that the court
no more will play with the subject
as it did in Giles vs. Harris, case
from Alabama. in which it said that
Equity cannot undertake - to
enforce political rights" and that
"The bill imports that the great
mass of the white population in
tends to keep the blacks from vot-
ing. = " Unless we are prepared
to supervise the voting in that State
by officers of the court it seems to
US that all that the plaintiff could
get from equity would be an empty
form. Apart from damages to the
individual, relief from a great po-
litical wrong, if done, as alleged, by
the people of a State and the State
itself, must be given by them or by
the legislative and political depart
ment of the United States"
The decision of the court yester-
day does not mean that the vote is
given to the disfranchised negroes.
That is beyond the power of the
Federal Government to bestow, be-
ing an express right of the States.
But it does mean that an end has
come to discrimination in violation
of the Constitution. The court has
repeatedly held that the Fifteenth
Amendment "does not confer the
right of suffrage upon anyone. 1t
prevents the States, or the United
States, however, from giving pref
erence, in this particular, to one
citizen over another, on account of
race, color, or previous condition of
servitude. 1t follows that the
amendment has invested the citizens
of the United States with a new
constitutional right, which Is within
the protecting power Of Congress-
That right is exemption from dis
elimination in the exercise of the
elective franchise on account OF
race, color, or previous condition OF
servitude." "The right to vote in
the States comes from the States;
but the right of exemption from the
prohibited discrimination comes
from the United States"
|
Although running out Of arms
the Russian army seems to be plen.
I4:f,.lI-. xx,;&I, la~e