The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1915-07-03

strlctlng the cOlOred vote Is invalid.
The decision was unanimous.
The decision, in short, was that it is
violation of the fifteenth amendment
for state to select arbitrarily-a "a. date,
such as 1865, and provide that persons
not qualified to vote on that date or
whose ancestors were not SO Qualified
are barred from voting or must sub.
NIT to voting tests not required of
others.
The court further held that election
officials who sought to enforce such
clauses could be held amenable to law
for denying persons right to vote,
and that such officials could not dis
regard the fact that the fifteenth
amendment had stricken out of state
law the word white" as qualification
Of voting. 49,: . -.
For more than fifteen 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
tests for voting those who could vote
about 1866 or 1867 or 1868, thus leav-
ing the tests to apply to those who did
not vote at those dates. .-.... .......
In Maryland the clause was inserted
in laws governing elections in various
cities. In 1908 it was inserted in the
law governing municipal elections in
the city of Annapolis. It authorized
the registration as voters of all taxpay.
ers Of the city assessed for at least
$500; all duly naturalized citizens, all
male children Of naturalized citizens
d years of age, and "all citizens, who
prior to January 1, 1868, were entitled
to vote in the state of Maryland or
any other state Of the United States at
at state election, and the lawful male
descendants of any person who prior
to January 1, 1858, were entitled to
vote in the State of Maryland or in
any other state of the United States
at state election
John B. Anderson, William H. How.
ard and Robert Brown, colored, of An.
napolis, were responsible for the test
4 case. Among counsel for them was
former Attorney General Charles ],
Bonaparte, of Baltimore. Election of.
hc1als Of Annapolis refused to register
these colored men so that they could
vote in a municipal election. The re.
tusal was based on the fact that they
could not qualify under the Ancestor
rule. A civil suit for damages was in
stituted against Charles E. Meyers and
A. Claude Kalmey, the election Off.
Gals who barred them from registry
The United States circuit court fol
Maryland returned a verdict for nomi
nal damages against the election off
Z cials and in, favor Of the colored men
The court held that under the fifteenth
amendment they had the right to vote
at all elections. The election officials
demurred, claiming this amendment
did not apply to state elections. The
court overruled the demurrer and the
officials appealed to the United States
Supreme Court.
The Oklahoma grandfather clause
provides "That no person shall be reg
'1stered as an elector in this state, OF
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 per.
son who was, on January 1, 1866, or at
any time prior thereto, entitled to vote
under any form of government, or who
at that time resided in some foreign
nation, and no lineal descendent of
!! such person, shall be denied the right
ito register and vote because of his
inability to SO read and write sections
of such constitutions"
The governments contention was
That the clause necessarily divided the
voters of the state into two classes
literate and illiterate, and while there
was no discrimination against any 1T.
crate citizens, there was no discrimi.
nation against the illiterate ones