Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-03-10

This controlling effect or the Feas
eral Amendment, as the supreme Inv
of the land, upon the Constitution OF
a State was clearly stated in Neal Y.
Delaware. 103 U. S. $40. The fifteenth
Federal Amendment, after which the
! nineteenth was modelled, provided
that the right of citizens of the
| United States to vote shall not be de-
MED or abridged by the United States
or by any Safe on account of race,
color or previous condition of servi-
tude." In Delaware at the time of
the tadoption of this fifteenth amend
ment, statute restricted he selection
OF jurors to persons possessing the
qualifications of electors. and by the
Constitution of Delaware the electo-
raj franchise was limited to the white
race. No amendment to the State
constitution was adoped in Delaware
10 make 1t conform to the Federal
Amendment. but the Supreme Court
OF the United States in the above case
in considering the qualification of
colored males as jurors, held that no
such state amendment was necessa-
ny, saying in the course of the opin-
ION: Beyond question the adoption
or the fifteenth amendment had the
erect in law to remove from the
state Constitution or render inope "a
i've that provision which restricts
the right of suffrage to the white
race. Ihenceforward he statute which
prescribed the qualifications of iur-
ois was Itself enlarged in its opera =
Iion SO as to embrace all who nv the
STATE constitution as modified bv tba
supreme law of the land wero o,,,
rneo 10 vote at general election I"
aiso EX parte Marlborough. 40
- .. Dol at 655, where it is stated
lhat "hlle in terms the amendment
peVents discrimination against the
coioreo race, in effect it confers tho
franchise upon that race.
inc privileges conferred ,o,,
women by the nineteenth a,oapI
neht are precisely the Same ~,
nose conferred upon the co1orod
race by the fifteenth. Hence II 81
Tvs 'nat under the Constitution of
.",lie To-Day, as amended and modi-
iieu ny the nineteenth amendment
maze ana female citizens of the Uni
ecu States nave equal political riebts
81 .ar as voting is concerned and
WINE IL might still be said. as in
.ne majority opinion in 1874. that
lIere was nothing in the ORIGIN,
constitution indicating any tranSfor
oi political power to those who had
never possessed it, that power a+ tho
present time has been transferred
ana shared by express and imnaro-
1--WE command. If the comnalIino
: reason was, as it appears tn ha,,o
peen, that the trainers of orr Copst;
o.ioii never contemplated that the
offices thereby created should ho
iieu Wy tnose who took no part in
us original formation, but only bv
ioSe VINO mad taken such part. by
ene Same process of reasoning the
continuation of those Offices should
at all times be placed in the hands
ana administration of those who
might be duly entrusted in after davs
with thelr continued existence and
preservation"
II the right to hold an office es-
taoilshed by the Constitution was
oehleo by the majority because the
"ould-be holder could have no mari
as an eiector in the control and CON
tinuaton of that office, that ground
mas been utterly taken away. , The
premises having failed the conch,-
sion must fail. Therefore under tbe
present Constitution and laws. there
should be no conflict between the
majority and minority opinions. Both
should reach the same conclusion
because suffrage now is co-eXtensive
with citizenship, so far as sex is
concerned.
II, before the adoption of the 10Th
Federal Amendment, a doubt existed
as TO whether the majority or min
orlty opinion in 1874 was the correct
one at that time. the adoption of
that amendment, supplemented by
the Legislative Act of August 81
I92O, has resolved that doubt in fav-
or OF the legality of such appoint
ment at the present time.
1t is true that the case of Neal V
Delaware, SUPRA involved the stains
OF juror and not of a Justice of the
peace. But there can be no vital dis
tlnction. The broad principles OF
constitutional law laid down bv the
supreme court of the United States
apply equally well to the problems be-
| fore u.s..
While a juror might not be re-
garded in the strictest technical
sense as public officer, yet that Off
clal is recognized by our Constitu-
ton and fills a most important part
In the administration of Justice. He
is sworn to the faithful discharge
of his duty, has within his keeping
to a great extent the liberty and
property of our citizens, and during
his term of service is a component
part of the judicial system of our
State. To hold that q woman can
serve as juror but not as a Justice
of the peace can be based upon no
substantial reason.
We therefore answer the first
question in the affirmative.
QUESTION TWO.
Does the Constitution of Maine
prevent the appointment by the
Governor of women, qualified in
every respect other than sex, to the
other civil offices to which a male
citizen might be lawfully APP
pointed ?"
QUESTION THREE.
Does the Constitution of Maine
prevent the election of women,
qualified in every respect other than
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