The McDowell times. [volume] (Keystone, W. Va.) 1904-1941, 1916-12-29

msut propnrsion is ascertained or declar.
ed Hs de- not 20 into how this conld
be deup - any length bus dos say it
conu bs dp0e by Congres. OF by action
in tlD ccpsss.. lie donbss il the electoral
collere,. .yhich meets in February. hss
power enough. Firsl'y ne warns th-
country thss thss undue and illegal south
ern P'~r pay he us'-i s"me time for
other puy,zyss than Republican defeat
and wsrua thr Republican party that il
p~rmits~sib by 1t in siIence. the fraud may
t~come prsc-ient and keep that party
Almost permanently out Of office.
What is going to be done, n anything.
is problen,stie, but the Republican party
tetter see that at least an official protest
Is Iodeed against the SEATING Of wis,n.
The Springfield Republr an. oftimes
friendly, which supported Wil~on. OPP
poss- the Chandler and Pillsbury argu-
ments after advising MIR. Plllsbury T.,
take il into court The Republican scout-
the idea that the operation of the 18th
article Of the constitution can be auto
matte. and SAWS legislation 10y Congrer-
IL required. Mr.. rllsburv's opinion OF
,he decision of the Uuited States Suprem.
Court is weightier than the Republican,
and the C. mparispn usssi by the latter a.
the d-cennial census apportionment bv
IN that a congressional statute is not par
alIel with an article of the constitution
The final effort Of tie Republican is 4
conjure up what il calls dilemma" by
arguing that the reduction claus- OF the
18th article Of the constitution il super
seeded by the 18th article which says
that no ststs shall deny the ballot "o-
account of race, color or previous con-
dItion of servitude,' and that Mr.. VIII
-on's reelection cannot therefore he rul-
ell ss invalid t%csuse thereby congre--
would nul'iIy the 18th article.
Aims is simply saying that the South
has ss a matter of fact denied the bslh Z
o. color,d men, that they cannot vot+,
Yet their dsiranchisers must forever a..
perIIiitt-d 10 count them To get NOR.
power ssain-t tire colore,i race i'm the fed
raj government, tevause. forsooth,
refuse to permit this and ~ cut down th.
power Of the opprrssors according to th
plain wording OF tile contribution would
take away the eolored mans technical
right To Vote. What poor logic and VIII {
nOckery.
Tins old ruherfuge is absurd. Fv.ry
article Of the constitution is a legal enti-
~ ia itself and stands On its own b~-i,.
Nor is there any complication between
the wording oi "A clause which recit
that when the right To vote 10 denied 10
any (adultL male inhsbitants
the basis oi representation shall be IT,
duced.' proportionstsly, and a clause
whicR says = state shxii not deny th.
suffrage ION account of race, color, etc +"
These are two SEPARATE proposition.
The first is positive and mandatory, up
On the existence Of certain conditions
The second is negative and makes n.
verbal rsferrnce 10 the mandatory actior
named 10 tile other. Tie l3Ih articl.
does hot demsud reduction when III.
ballot 10 ''unconstitutionally" denied
Tut simply when it is = matter of fac
denied. Hence reducing Representation
va Itself constitutes Eo ec.sratiOn as /
the legality oi the ballot denial found L
rxlst. Therefore Congress would no,
thereby "Officially' srqules,e in denls
''because "f Face. color" snd 80 not n
the notification n the 10th amendment
la fact the whole ''delemma' sryu
ment goes 10 smash because no southern
state denies the ballot in express terms
ION account Of race, Color" etc bui
all pretend and appear To- deny the bal
lot On other grounds. Congress ls not
compelled to go behind the text in act
Iag upon another A rtIcie, and can leave
the matter 10 the Judicial branch and 10
the sbv~nee Oi ANY statement il inferen-
uslly Dies 80. Hence Congress can en-
iorce the second SEXTON of the 18th
4mrndpent without touching the IJtb
sn sny way whstsoeyer.
TIE great QUESTION - whether any
thing tangible will l,e done before VII
son - -esIed or sItsryards. Exchange