Cheraw chronicle. [volume] (Cheraw, S.C.) 1896-2005, 1915-06-24
OKLAHOMA sGRANDFATHER".
= CLAUSE UNCONSTITUTIONAL
Conditions of Period THAT En-
listed Before Fifteenth Amend
ment Cannot be Held as
Qualifications for Suffrage


Washington, June, 21.-In probably
tone;g9f the most important race de-
IcfstM IN its history, the. Supreme
Court toaasH Hnpled as unconstitution-
Isai : theS Oklah6ma constitutional a.
menddmsnt and afhe Annapolis. Md,
Voters qualification law. restricting
the suffrage fights Of those who could
hot Yotespf whose ancestors could not
vote prior to the ratification Of the
Fifteenth Amendment. to the Federal
Constitution.
Chief Justice White, native of the
South. and former Confederate soul
der announced the courts decision,
which was unanimous except that
Justice McReynolds took no part in
the case.
at is true" continued the Chief
Justice, that it contains no express
words of an exclusion from the stand
ard which it establishes of any person
On account of race, color, or previous
Icondition Of servftude prohibited by
the Fifteenth Amendment but the
standard itself inherently brings that
result in to- extence since it Is based
bpurely upon period Of time before
the enactment of the Fifteenth
Amendment and makes that period
the controlling and dominant test Of
the right of suffrage.
} "In other words, We seek in vain
for any ground which would sustain
any other Interpretation but that the
provision, recurring to the conditions
existing before the Fifteenth Amend
ment was adopted and the Conditinu-
ance. Of which the Fifteenth Amend
ment prohibited, proposed by, In sub
lstance and effect, lifting these condt
ltions o.er a period Of time, after the
i.lss.1,;ss:.ae at-soL ..ahe them atle4i.,ss:s
of the right to suffrage conferred H.
district ond positive disregard t"r the
Fifteenth Amendment. And the sHDit
| result we are Of opinion, IS DEMON
strated by considering wwhether it Is
possible to discover any basis Of rca-
son for the standard thus fixed other
than the purpose above stated.
no Other Explanation.
I'VE say this because we are un
able to discover how unless the pro-
| Ment were considered the SclighteSt
resaSon was afforded for baSing the
classification upon a period Of time
prior T., the Fifthteenth Amendment
Certainly it cannot he said that there
was any peculiar necromeny In The
time named which engender attri
butes affecting the qualification tc
vote which would not exist at another
and different period unles the Fif-
teenth amendment was in view.
The Chief Justice expressed his
statement by a development Of the
argument that the restriction imposed
by the fifteenth amendent on the
power Of the stae over suffrage was
coincidcnt with the limits Of the pow
or itself. Healso set forth the prin
ciple that, while in the true sense the
Fifteenth Amendment gives 40
right" Of uf1ra2e. 1T was lonsag1
recognized that in operation its pr"-
| hiEtion nigh. mcas urably have that
rlcrt; that is to say that az the COM
mard of the amendment was self-eve-
! cEtiug and reached without lcgisla
tive actit n the conditions Of diScr'm-
| inatirn AGAINST Na'%l it was aimed.
| the result might arise that as n cons
,;llrmcc Of the s:rIl)nH down Of liz
rimiEatin. cause = right Of Suffr 10
wouiG Ee .hinye,i hy reason of ~
generic character # the provision
whi,h would rrr rain after the lis
elimination was sliItkcn out
This " aS said 10y way Of answer t.
the argument of attorneys for the
election officials ;fei the Fifteenth
cause there was NO >r!ch thing under
.he American form e government rs
Il light" t1 vote
IMMEDIATE EFFECT.
t.. h"ldju. that '"Iditions that "X-
i>tn,l before the fifteenth Amrl l.
mcnt, which provti|lr< that the "i-ht
iu vote shall not he .lrniel or ahr:hg-
eilon account of race color. or preyi-
inrIS condition of S"r"itll1.. cOulI
not he brought over to the present
day IN disregard cf this Self-cXrcuting
amendment. 1t IS generally believed
that the court went Il long way to-
ward invailating much nf the so
ton of Southern States.
The immediate effect Of the courts
decision was to uphold the conviction
Of tive oklahoma election officials
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