Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-06-09

whose candidate last year received only
appreciate ma jorities given him in the
Southern States.
Southern Representatives and South
ern Senators took their political lives
in their hands to support the offspring
of Tammany in 1928, and in doing so
many of our best men in both the
House and the Senate went down to
their political graves in the greatest
landslide this country has seen for more
than 100 years.
The pettiness Of this fling at the
South renders it the more ineXcuSabl
Congress has no right to interfere with
the representation of the Southern
States on account of the fourteenth and
fifteenth amendments. The Supreme
Court of the United States in the civil
rights case in 1883 at page Q09 U. 81
says:
Until some State law has been
passed, or some State action through its
officers or agents has been taken, ad-
verse to the rights of citizens sought TO
be protected by the fourteenth amend
ment, no legislation of the United
States under said amendment, nor any
proceeding under such legislation can
be called into activity, for the prohi-
billions of the amendment are against
State laws and acts done under State
authority"
State Action Required.
In other words, until the State passes
a law violating the fourteenth amend
ment its penalties cannot be invoked.
Senator Borah Of Idaho said in a
speech in the Senate a year or two ago
that he had recently examined the laws
and constitutions of all the Southern
States and had failed to find where a
single one of them violated either the
fourteenth amendment or the fifteenth
amendment.
But even II it should violate the
fourteenth amendment Congress would
not be called upon to act, for the Su-
preme Court would hold It null and
void under the fifteenth amendment,
which provides that no such law shall
be passed.
The Hon. James G. Blaine the Re-
publican leader for years and who was
Speaker of the House Of Representatives
at the time the fifteenth amendment
was adopted. Twenty Years in Con-
greSs," says:
Its prime object was to correct the
wrongs which might be enacted in the
South, and the correction proposed was
direct and unmiStakable, viz, that the
Nation would exclude the Negro from
the basis of apportionment wherever
right of suffrage.
When therefore. the Nation by sub
Sequent change in its Constitution de-
clared that the State shall not exclude
the Negro from the right OF suffrage, 1t
neutralized and surrendered the con-
tingent right before held, to exclude
him from the basis of apportionment.
Congress is thus plainly deprived by the
fifteenth amendment of certain powers
over the provisions of the fourteenth
amendment. Before the adoption of
the fifteenth amendment If State
should exclude the Negro from suffrage
the next step would be for Congress to
exclude the Negro from the basis OF
apportionment. After the adoption of
the fifteenth amendment If a State
should exclude the Negro from suffrage
the next step would be for the Supreme
Court to declare that the act was I'M
constitutional and therefore null and
void"
Thus 1t will be plainly seen that Con-
gress has no right to interfere with the
representation of the Southern States
on account Of alleged violations of the
fourteenth amendment to the Constitu-
ton.
Vindictiveness Seen in Thrust.
This thrust was simply made to
crafty the vindictiveneSs of certain
politicians toward the South because
forsooth her Representatives joined
with those from other sections of the
country in an attempt to save America
for Americans.
The hight began over an amendment
providing for taking the census Of the
aliens who are in the United States I'M
lawfully. The main controversy arose
over the motion to exclude aliens from
the country in the reapportionment OF
representation in the House. It was
commended by those opposing the motion
that the word persons" in the ConSti-
tuition included aliens and that Con-
gress was powerleSs TO exclude them
from the count in making the reap
portlonment. But our contention was
that since 1t is Constitution adopted
by and for the people of the United
states the word persons" referred to
American persons and that Congress
had the power to exclude aliens from
the count in making its reapportion-
ment
There are more than $500 900 aliens
in the United States who have never
taken out their first papers Under the
present apportionment they are allotted
about 20 or Is Congressman, which
under new apportionment would have
TO be taken away from the agricultural
States with their old line American
stocks. Surely the trainers Of the Con-
stitution did not contemplate such q
situation or intend that the Constitu-
ton should be so construed.
Aliens Given Representation.
1t Is estimated that there are more
than 100000 aliens in this country
now unlawfully. They also are counted
and given between IL and IS Repre-
sentatives In the American Congress
which are in turn taken away from the
agricultural States of the South and
Middle West and rural New England
Could the trainers OF the Constitution
by the widest stretch Of imagination
have contemplated that Representatives
would be taken away from States COM
posed exclusively, or almost exclusively
OF American citizens and given to these
alien interlopers who are in our coun-
| try without our consent. against our will
and subject to be dep0rted at any time
they are caught?
They come from the riffraff of the
| Old World. From them are recruited
! the gunner and the gangsters. They
not only come in violation Of our laws
but bring with them q contempt fol
American institutions. Yet the alier
influence Is SO strong In this Capito
that we are not only prevented from
excluding them from the count in ap-
portioning Representatives, but we art
not able to secure the passage of a Law
forcing them to register, in order tha
we may deport them or drive them ou
of the country.
Listen to this. 1t was stated at &c.
neva the other day that between $4,000
and $4,000 undesirable aliens are boot
legged into the United States annual,
as seamen. that many come in from thu
ports Of Bremen. Amsterdam and An
twerp alone. And understand the re
ports to the Secretary Of Labor SHOW