The Carolina tribune., 1939-06-03

L.
Tempt OF the state of Oklahoma to
dodge a United States supreme
court decision in 1915 which out
lawed the grandfather clause in its
constitution was in turn outlawed
: by the United States supreme court
here May o.
In rendering its opinion in Lane
" Wilson, the court held that Ok
lahoma had an unconstitutional
law in the 1910 statute requiring
persons who had not voted in 1914
to register within a period of ten
days or forever thereafter lose
their right to register and vote.
The 1916 registration law was
passed Immediately after the grand
father clause was declared uncon-
stitutlonal, and was designed to
catch Negroes off their guard and
restrict their suffrage
The opinion, written and deliv-
cred by Mr.. Justice Frankfurter,
held that the 18th Amendment to
the Constitution "nullifies sophisti-
Gated as well as simple minded
modes of discrimination" The o.
pinion represented a 60 decision,
with Justice McRenolds and Butler
dissenting and Justice Douglas not
participating.
The case, which was carried to
the high court by the National
Association for the Advancement
of Colored People, represents the
twelfth victory out of thirteen
cases carried to the supreme court
by that organization.
In the opinion delivered by JUS
tice Frankfurter the court said:
THE crux of the present contro-
versy is the validity of this regis
tration scheme with it's dividing
line between white citizens who
had voted under the grandfather
clause" prior to Quinn ". United
States supra, and citizens who were
outside it, and the not more than
IL days as the normal period Or
| registration for the therefore pre-
scribed class"
18th Amendments Violated
Pointing out that this was a
| clear violation of the fifteenth a.
| mendment which secures freedom
from discrimination on account of
race in matters affecting that fran
| chise," the opinion made it clear
that this amendment "nullifies So
ted modes of discrimination. It hits
| onerous procedural requirements
which effectively 'handiol.p exer-
else of the franchise by that colored
race although the abstract right to
vote may remain unrestricted as
to race"
The case which is now thrown
| back to the supreme court of Ok
lahoma. involves a $4,000 law
suit filed against the registrar OF
Wagner County. Okla, in 1884 by
l. w. Lane, who charged that
he was refused permission to re-
gister to vote in that year.
.NAACP attorneys who argued
the case before the highest tribu-
nal in the country were: Charles
A. Gambler, of Muskogte, Okla;
and James c.. Nabrit, a professor in
the Howard university law school.
Associate counsel who prepared
| the brief in the case were: Thur
good Marshall, assistant legal coun
sci of the NAACP; Charles H.
Houston, and Leon A. Ransom, OF
| the Howard university law school.
Case Goes Back to 1914
This case had it's birth in the
old grandfather clause cases OF
1914 whereby the constitution of
Oklahoma and several other states
provided strict educational quallfl-
cations for voters unless they
could prove that their grandfathers
had voted prior to 1866. Since no
Negroes were qualified to vote
! prior to 1866 the discrimination in
: the constitution was apparent and
the U. S. supreme court in 1918
held this provision unconstitutional
in a case fought by the NAACP.
Immediately after this decision
Oklahoma attempted, to get around
the 18th amendment again by pass
ing an act February rs, 1916 that
all persons eligible for registration
had to register within II days or
be forever barred from registra-
ton. But the act provided however,
that all persons who voted in the
1914 elections (when Negroes were
excluded by the grandfather clause
were not affected. This act was
challenged on the constitutional
grounds in 1894 by the NAACP
when registration was refused l.
w. Lane.
Officials of the NAACP pointed
! out that the courts decision can
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