The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1915-07-29

race, color or previous condition OF
ervitude-which is protected by the
fifteenth amendment of the Federal
constitution. In passing | must say
that the constitutional convention OF
South Carolina of 1895, or at least
the two committees thereof, which
had charge of the different phases
of the suffrage question, namely, the
committee on municipal affairs, con-
sidered fully the legality of adopting
this grandfather clause. and rejected
it after full consideration. believing
that it would not in the future stand
the test of the supreme court of the
United States. and they adopted, af-
ter full consideration, the literary
and property qualification stated as
aforesaid.
In the Pink Franklin case, which
went up from South Carolina to the
supreme court of the United States,
and is reported in 218 U. S., page
166, the effort was made by the col
ored lawyers and Ex-Attorney Cen
eral Bonaparte, who conducted the
case on behalf Of Franklin, who had
been convicted of murder in Orange
burg county, to show that our Sec
ton of the constitution Of 1895 that
enacted an educational and property
qualification could not stand, because
one of the acts passed in 1868, call
ed the reconstruction acts, declared
that no Southern State which chang
ed qualifications Of suffrage from full
manhood suffrage to an educational
or property qualification was allowed,
but Mr.. Justice Day, himself a re-
publican of national repute and At
torney General of President McKin-
ley, in delivering the opinion Of the
court, whilst he stated that it was
not necessary 10 go into the matter to
decide the issues raised by the Pink
Franklin case,) clearly showed our
constitutional provision containing
an educational and property qualifi-
cation would stand the test Of the
fifteenth and fourteenth amendments
as laid down by the supreme court
and it seems to US that we have no
need for fears as applied to the suf-
frage laws of South Carolina because
of the recent grandfather decision.
How About Our Jury Laws and Dis
elimination?
All of US in South Carolina feel
that the negroes (as a class) are not
the material which should fill our
juries to pass upon property and per-
sonal rights, but if We are not wise in
the listing of our juries, some OF
these days we may run up on a snag
in the administration Of our courts
which may give US some trouble. A
little good. common sense on the
part Of our jury commissioners, with
out detrimenting the rights Of the
people, would save US any question
on the subject. In the Pink Franklin
case, his colored lawyer at Orange
burg, when he was tried for the kill
ing of DR.. Valentine, challenged the
array of the grand jury On the
ground that the defendant had no
of the negro race in
the box, but they made no offer of
proof to establish this fact, and sim
ply based their challenge on general
assertion, and the supreme court OF
the United States brushed this OBJ
lection away by simply saying there
was no allegation in the motion to
quash upon this ground, or offer OF
proof in the case to show that per-
sons of the African race or color
from serving. as grand jurors in a
criminal prosecution of a person OF
that race" 1t has been settled, and
was declared by the court that
by any action the State.
whether through It's legislature,
through its courts. or through its
executive or administrative officers,
persons of the African race are ex-
cluded solely because of their race
or color from serving as grand Jur-
ors in a criminal prosecution OF a
person of the African race, the equal
protection of the laws is denied to
him, contrary to the fourteenth
amendment of the constitution of the
United States" Rogers VS. Alabama,
1872 L. S.. page 231. We submit,
then, that whilst the people OF South
Carolina, who suffered so much from
negro domination and carpet-bag
rule in the days of reconstruction
and who fought so hard in 1876 to
establish white rule in the State, may
feel safe in the belief that their prop
ertv and educational qualifications in
their constitution will hold good, yet
we are left open to an attack In the