The Washington herald., 1920-08-25
CONTINUED FROM PAGE ONE.

one citizen Of the United States over
another on account of race, color or
previous condition of servitude.
Explains Its Ruling.
In subsequent cases. however.
where it was contended in view of
this principle that Congress could
not protect the right to vote of
negroes by penal legislation, the
Court amplified and explained its
previous ruling. in the language of
Mr.. Justice Miller, as follows:
While it is quite true. as was
said by this court. in L. S. VS..
Reese, 80 L. S. 21S, that this article
(the Fifteenth amdndmenD gives
no affirmative right to vote and is
designed primarily to prevent dis
Crimina ton against him whenever
the right to vote may be granted
to others, it is easy to see that un-
der some circumstances 1t may Op-
crate as the immediate source of a
right to vote. In all cases when
tn former slave holding States had
not removed from their constitu-
tiOns the words white man as a
qualification for voting, this pro-
vision did, in effect, confer on him
the right to vote, because being
para amount to the State law and a
part of the State law, it annulled
the discriminating word white, and
thus left him in the enjoyment Of
the same right as white persons
and such would be the effect of any
future constitutional provision of a
State which should give the right
of voting exclusively to white peo-
pie whether they be men or women
In such cases this Fifteenth amend
ment does. proprio vigore, substan-
TALLY confer on the negro the right
to vote. and Congress has the
power to protect and enforce that
right.
Amendment ScIf-ESccutinr.
1t follows from this authoritative
construction of the Fifteenth
amendment that the Nineteenth
anne endment as passed does not need
any affirmative action by the States
to give women the right to vote at
once. 1t is self-eXeCuting. 1t by
its own force amends every election
law of every State so as to include
in the State electorate women as
well as men where only men were
given the right to vote before.
OF course. a woman cannot vote,
who, If she had been a man, could
not have voted under the laws of
the State where she lives. She must
in all respects have the qualifica-
tions which men voters must have
under the election law. But if she
fulfills these requirements. she can
vote, and the State cannot prevent
her so doing, and no delay of the
State in recognizing or acting on
the new amendment can prejudice
her right to vote. Election officers
of the State who impede or deny
her right to vote expose themselves
to prosecution under statutes,
whether Federal or State enacted. to
protect citizens in their lawful right
to vote.
Can Be No Excuses.
1t may well be that the doubling
of the number of voters in every
State by this amendment will re-
quire for the convenience of voters
amendments to the election laws of
the States, but such Inconvenience
cannot be made any excuse for pre-
venting women from exercising the
franchise.
The suffragist forces expect,
however, to contest the validity of
the ratification by the Tennessee
Legislature under the following
clause in the constitution of Tennes-
see: r..
"A convention or general assem-
bly, of this State shall not act upon
any amendment. of the Constitution
Of the United states proposed by