Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-06-22
SUPREME COURT
GIVES IMPORTANT
RACE DECISIONS
AnnuIs Oklahoma and An
napolis, Md, Election
Statutes.
GRANDFATHER CLAUSE"
Is UNCONSTITUTIONAL
Believed That Decision Will
Have Widespread Effect ON
Southern States.
WHITE ANNOUNCES OPINION
Fifteenth Amendment Applies to
Municipal rs We'll ns Fed
eral Elections.
GRANDFATHER CLAUSE"
Is UNCONSTITUTIONAL
WHITE ANNOUNCES OPINION
Fifteenth Amendment Applies to
Municipal rs Well rs Fed
eral Elections.

-
one Of the most important race decis-
ions in its history. the Supreme Court
to-day annul1ed as unconstitutional the
oklahoma constitutional amendment
and the Annapolis, Md. voters qualih-
cation law. restricting the suffrage
rights of those who could not vote or
"hos" ancestors could not vote prior
TO the ratification OF the fifteenth
amendment to the Federal Constitution.
Chief Justice White, a native of the
South. former Confederate soldier.
announced the courts decision, which
was unanimous. except that Justice Nc
reynolds took no part in the case.
Ey holding that conditions that ex-
listed before the fifteenth amendment
winch provides that the right TO vote
snail not be denied or abridged on ac-
count OF race, color or previous condi-
tlon or survitude could not be brought
over to the present day in disregard of
this self-executing amendment, il gen
orally is believed that the cour, went
long way toward invalidating much
OF the so-cal!ed OBSERVATION-DISCLOSURES"
legislation of the Southern States.
The immediate effect OF the courts
decislon was to uphold the conviction
or two Oklahoma election officials who
denied negroes the right to vote in a
congressional election and to award
'nree Maryland negroes damages from
eiectioh orhcials in Annapolis who re-
used 10 register them. The court held
that these election officials could not
ignore the fifteenth amendment IN
"iping out of State Constitutions the
word white" as ouaIiecstion 60
voting In the Maryland case the
courts decision established the noin,
mat the fifteenth amendment applies
alike to municipal as we'll as 10 Fed
eral elections
THESE NOT INCLUDED
IN LITERACY TEST
Discussing the Oklahoma cases, Chief
'us''ce "hite said the suffrage amend
i!'eht 10 the State Constitution first
hxed n lteracy standard and then fol-
lowed IL with provision creating a
standard based upon the condition ex
listing on January l, 1866 nrior 20 ~.
ADOPTION OF the fifteenth amendment
and eliminated those coming und.r ~,
standard from inclusion in tho ,itar
test.
The court had difficulty, he said IN
hnding words 10 more clearly demon
strate It's conviction that this action ~
state perpetuatcd the very conditions
"hich the fifteenth amendment was in
tended 10 destroy than the LANGUAGE
used in the amendment.
IL is true, continued the Chief Jus
uce' that 1t contains no exnress
words or an exclusion from the stand
ara which 1t establishes of any person
on account Of race. color or previou,
condition OF servitude prohibited by the
hfteenh amendment, but the standard
itself inherently brings tha, result into
existence, since 1t is based purely uno,
period OF time before the enactment
or the fifteenth amendment and makns
that period the controlling and domi-
nant test OF the right of suffrage
In other words. we seek in vain for
any ground which would sustain apy
other Interpretation but that tho nro-
vision. recurring to the conditions ex-
listing before the fifteenth amendment
was adopted. and the continuance Of
which the fifteenth amendment nro-
hibited. proposed by, in substance and
erect lifting those conditions over q
period OF time after the amendment. to
make them the basis of the right to
suffrage conferred in direct and posI-
tive disregard for the fifteenth amend.
ment And the same result, we are
or opinion. is demonstrated bv consid-
erinS whether il is possible to djscover
any basis for reasons for the standard
thus fixed other than the purpose above
stated
NO PECULIAR NECROMACY
FOUND IN TIME NAMED
we say this because we are unable
to discover how. unless the prohibitions
of the fifteenth amendment were con-
sidered. the slightest reason was af
fordcd for basing the classification upon
period OF time prior to the hfteenth
amendment. Certainly 1t cannot be
said that there was any peculiar ne
cromacy in the time named which en-
gender attributes affecting the uuali-
fcation to vote which would not exist
at another and different period unless
the fifteenth amendment was in view"
The Chief Justice had prefaced this
statement by n development of the ar
gument that the restriction imposed bv
the hftecnth amendment on the power
OF the States over suffrage was coin
cident with the limits OF the power it.
self. He also set forth the principle
that while in the true sense the hf-
teenth amendment gives no right" of
suffrage, ut was long ago recognized
that in operation. it's prohibition might
measurably be to that effect: that Is
to say. that as the command of the
amendment was self-eXecuting, and
reached without conciliating the con-
dition of discrimination against which
it was aimed. the result might arise
that as n consequence OF striking down
OF a discriminating clause right Of
CONTINUED on Second Page.)