The Southern indicator. [volume] (Columbia, S.C.) 1903-1925, 1915-06-26
court UPSE1S VALIDITY OF
! GRANDFATHER CLAUSE.
Tribunal Decides Against
Constitutionality of Elec-
. ton Regulations Existing
Before 18th Amendment.


Before 18th Amendment.
Washington, June 21.- The su-
prerne 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, It 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 Ne
groes the right to vote in a con-
lgressional election, and, to- award
sf&4a6 MaFy1tn1u ftggtots lAntEge
from election officials in4-Anna.
polls who refused to register
them. The court held that Okla,
homa election officials could mot
ignore the fifteenth ,amendme ent
i'm wiping out of state constitutions
{! the word white" as dualifica-
d tion for voting. In the Mary
! land case, the courts decision.es;
) tablished the point that the fif-
, teenth amendment applies to
municipal as we'll as to federal
t elections. 81 J:
Discussing the Oklahoma case,
: Chief Justice White said the suf
( ferage amendment to the state
e constitution first fixed a literacy
: standard. and then followed i
with a provision creating stand
!. ard based upon the condition ex
isting on January l., 1866, priol
: to the adoption of the fifteenth
O amendment, and eliminated
!, those coming under that stand
/ ard from the inclusion in tn,
) literacy test. Il.
IS The court held that this actor
recreated and perpetuated tn,
h very conditions which the fif
d teenth amendment was intended
e to destroy.
v 1T is true.'' continued tn
chief, that it contains no ex
IS press word of an exclusion o
IS any peoson on account of race
5 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 j
Is vain for any ground whic
It would sustain any other interprs
50 tation but that the provision, RI
curing to the conditions 5exis'
ing before the fifteenth amend
n ment was adopted, roposed t
l. make them the hasis Of the tigf
to suffrage. And the anne resul
r. we are Of the opinion, is demon
s. strated ;by consideration whethe
ae| it is possible to discover af1y bal
NE lis or reason for the -standar
Athus fixed, other tAan the pul
lsss pose above stated. ''
-: s74Ss MANY BECOME POSITIVE. g
5bl6 Phe chief justice had preface
es His state by q deyelopement {
ilsf We argument that the restrictio
S aimposed blythe fifteenth ament
pent on the power Of THE state
- FIRE age vase ncident wit
Ks e power itself, :I e =