Evening star., 1951-12-16
Suffrage
Alabama Moves Again
To Limit Electorate
By Wheeler Johnson

Alabamas voters apparently have
decided to try again in the long bat
tie against extending suffrage to the
Negro.
True, In the special constitutional
amendment election held there last
week. the racial issue was soft
pedaled as much as possible. But
It was there, in a substitute to the
outlawed Boswell amendment to the
State constitution.
The Boswell measure was killed IN
1949 when a three-iudge Federal
court threw it down and the United
States Supreme Court refused to re-
view the decision. -Four days after
the election, it appeared that the
new amendment had won by slight
margin.
The new approach to white
supremacy at Alabama's polls took
q slightly different angle from the
Boswell amendment. The law voted
on in the special election Tues
day gives wide powers to country
registrars in determining the fitness
of those seeking to get their names
on the polling lists. Prospective
voters would have to satisfy the
registrars. for instance. that they
are of good character" and that
they embrace the duties and obli-
cations of citizenship" They would
have to answer q QUESTIONABLE pre-
pared by the Alabama Supreme
Court and at the same time sign an
Communist oath.
Stote Soys Low Is OK.
The Alabama Supreme Court, in
an informal opinion. has held that
the law is constitutional. But it is
hard to see how the new amendment
could stand in the face of what
happened to the Boswell amendment.
The Boswell amendment was passed
bv the Alabama Legislature in 1947.
Its key to the control of Negro voting
was a section which required those
seeking registration as voters to be
able to understand and explain" any
section of the United States Consti-
tuition. Under attack by the National
Association for the Advancement OF
Colored People from the start. the
Boswell amendment finally was
brought before three-judge Federal
Court for the Southern District OF
Alabama on a restrainer action by
10 Negroes against the Mobile County
Board Of Registrars. The complain
ants contended that the wide dis
cretion granted the registrars by the
amendment infringed on their con-
stitutional rights.
The three-judee court agreed with
them in a decision on January Z,
1949. The court said it Clearly ap-
pears that this amendment was in
tended to be, and is being used, for
the purpose of discrimination against
applicants for the franchise on the
basis of race or color"
Mobile Board Enjoined
The court permanently enjoined
the Mobile County Board of Regis
trars from enforcing the Boswell
amendment "in determining the
qualification of any citizen who ap-
plies for registration as an elector."
The registrars Immediately appealed
to the United States Supreme Court
for review, but this was denied in
an 8-to-1 decision on March %. 1949.
That restored Alabama's 48-year-
old voting requirement that regis
trants must own $500 worth OF
property and be able to read the
United States Constitution 1t was
this requirement that Tuesdays
voters had to meet.
While the new amendment does
not say anything about racial dis
tinction, it was sponsored by former
advocates of the Boswell law. For
mer State Democratic Chairman
Gessner T. McCorvey wrote an oper
letter to voters before Tuesdays elec.
tion In which he urged ratification
of the new law as a means of insur.
ing IAN intelligent electorate"
Whatever happens to the new
amendment will be watched closely
by Alabamas sister States In ths
South.