The Southern indicator. [volume] (Columbia, S.C.) 1903-1925, 1915-06-26
COURT UPSETS VALIDITY OF
GRANDFATHER CLAUSE.
Tribunal Decides Against
Constitutionality of Elec-
ton Regulations Existing
Before 18th Amendment.

Before 18th Amendment.
Washington, June 81. The su-
preme court, in what is consider |
ed one Of the most important
race decisions in history, today an
nuled as unconstitutional the Ok
lahoma constitutional amendment
and the Annapolis, Md, voters
qualification law restricting the
suffrage rights of those who
could not vote or whose ancest-
ors could not vote prior to the
ratification of the fifteenth
amendment to the federal con-
Sitution.
Chief Justice White, a native
of the South and a former Con-
federate soldier, announced the
courts decision, which was un-
ANXIOUS, except that Justice Nc
Reynild took no part in case.
By holding that conditions that
existed before the fifteenth am
endment. which provides that
the right to vote shall no: be
denied or abridge on account of
race, color or previous condition
of sarvitude, could not be
brought over to the present day
in disregard of this self exc
cutting amendment, 1t is general
ly believed that the court went
a long Way toward invali-
dating much of the socalled
grandfather clause. Iu con-
stutions Of Southern states.
FROM SMALL BASIS.
The immediate effect of the
courts decision was to uphold
the conviction of two Oklahoma
election officials who denied Me-
groes the right to vote in a con-
gressional election, and to. award
the hfaryl4rrrd Negroes :daroage
from election officials in Anna
polls who refused to register
them. The court held that Okla
homa election officials could not
ignore the fifteenth amendment
| in wiping out of state constitutions
the word "white' as a qualifica-
tion for voting. In the Mary
land case, the courts decision es
tablished the point that the f1f-
teenth amendment applies tc
municipal as we'll as to federal
elections.
Discussing the Oklahoma case
Chief Justice White said the suf
ferage amendment to the stats
, constitution first fixed a literac,
standard. and then followed i
with a provision creating stand
ard based upon the condition ex
isting on January l, 1866. prio
to the adoption of the fifteenth
, amendment, and eliminated
those coming under that stand
= ard from the inclusion in tn
literacy test.
$ The court held that this actor
recreated and perpetuated tn
h very conditions which the fif
j teenth amendment was intended
e to destroy.
v 1t is true,' continued tn
chief, that it contains no ex
s press word of an exclusion O
s any peoson on account of race
); color, or previous condition Q
e servitude, but the standard il
self inherently brings that re
is suit into existence.
In other words, we seek
S vain for any ground whic
It would sustain any other interprt
% tation but that the provision, RI
curing to the conditions exis'
ing before the fifteenth amend
n ment was adopted, proposed
= make them the Nasis Of the rigl
to suffrage. And the same resul
r. we are Of the opinion, is demon
S. strated by consideration whetht
le it is possible to discover any ba
ID is or reason for the standar
vi thus fixed, other tAan the pu
sA3pose above stated.
1.-ts MANY BECOME POSITIVE.
,kiS., The chief justice had preface
Y..&this state by a development {
1. The argument that the restrictio
aS;} imposed by the fifteenth amend
tHHEWent on the power of the state
ssTFoNsr. suffrage was coincident wit
sths limits ofsthe power itself. H
the principle tn: