The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-06-21
Restriction Of Negro Vote Held
demonstrations
Decisive Ruling in Oklahoma
and Maryland Cases.
BLOW TO SOUTHERN STATES
Practice of More Than so Years
Cast Overheard.
Supreme Court Holds Tenth
Amendment Violated.

Washington, June 21.-The Okla
home constitutional grandfather
clause restricting the negro vote, was
today annulled as unconstitutional by
the supreme court.
The grandfather clause" in the
Annapolis (Md.), election statute also
was annulled as unconstitutional by
the supreme court.
he court held that Oklahoma had
meant to provide a literacy test
for it's voters, if the restrictions to
those qualified to vote in 1856 were
illegal, and hence struck down that
test. although holding that standing
alone such test was constitutional
The decision was unanimous.
Tenth Amendment Violated.
Chief Justice White announced the
decision that it was a violation of the
tenth amendment to select an arbi-
trary date such as 1866 in fixing the
qualification of voters.
The decision is believed to reach
grandfather clause" legislation in
many southern states.
For more than fifteeI years the
grandfather clause has been insert
ed in constitutions of southern states.
The most popular form has been TO
exempt from educational and property
WV
in 1866, 1867 or 1868, thus leaving
the tests to apply to those who did not
vote at those dates.
The Oklahoma grandfather clause
provides that no person shall be reg
iStered as an elector in this state, or
be allowed to vote in any election
herein, unless he be able to read and
write any section of the constitution of
the state of Oklahoma, but no person
who was, on January 1, 1866, or at
time thereto
vote under any form of government,
or who at that time resided in some
foreign nation, and no linea1 descen-
dent of such person, shall be denied
of his inability to so read and write
sections of such constitution
To Cities in Maryland.
In Maryland the clause was insert
ed in laws governing elections in vari-
Gus cities. In 1908, it was inserted in
the law governing municipal elections
in the city of Annapolis. 1t authorized
the registration as voters of all tax
payers of the city assessed for at least
$500; all duly naturaliZed citizens, all
male children of naturalized citizens
21 years of age, and ''all citizens, who
to vote in the state of Maryland or any
other state of the United States at
state election, and the lawful male de-
scendents of any person who prior to
january L, 1905, were emitted 10 vote
in the state of Maryland or in any 9TH
state Of the United States at state
election
Various arguments were advanced j
to meet the attack tat these clauses
violated the fifteenth amendment to
constitution providing that the right
of citizens of the United States to vote
shall not be denied or abridged by the
United States or by any state on ac-
count of race, color or previous con-
dition of servitude.'
Another line of argument was that
the clauses did not deny or
''abridge" the right of negroes to vote,
as forbidden by the fifteenth amend
ment, but it merely Disseminated
against them by allowing those not
negroes to vote without meeting the
qualifications imposed ostensibly upon
al