The Birmingham age-herald. [volume], July 11, 1915, Page 9, Image 9

About The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950

Image provided by: University of Alabama Libraries, Tuscaloosa, AL

                
FRANCHISE CLAUSE
Former Chief Justice of the
Supreme Court Recites
Interesting Facts
> -
'HOW OVERWHELMING
PROBLEM WAS MET
s -
y Tells of Great Study Given to Prob
j lem of Avoiding Conflict With
1 Fifteenth Amendment to the
i Federal Constitution
Judge Thomas W. Coleman of
Eutaw, formerly chief Justice of
the supreme court of Alabama, and
one of the most conspicuous fig
ures In the Alabama constitutional
convention of 1901, has written
Justice E. K. Campbell of the
federal court of claims his views
on the "grandfather clause" of
the Alabama constitution. He also
writes graphically of the problem
facing the constitution makers and
^ the obstacles they had to overcome.
His letter Is as follows:
Hon. E. K. Campbell. Chief Justice Court
of Claims, Washington, D. C.:
, Dear Sir: In retrying to your request
(for my opinion as to bearing or in
,'fluence the recent decisions of the sue'
preme court of the United States, tie
one from Oklahoma, the other from
Maryland, have upon the suffrage laws
of Alabama, would answer they have
but little, or if any, are confirmatory
of the validity of our constitution and
statutes.
The very objections raised In these
decisions were considered and I think
avoided In the framing of the Alabama
constitution and legislation.
It is not my purpose now to pre
sent any • elaborate argument or rea
sons, but to state accepted principles
as premises and to give legitimate
conclusions from such premises.
It must be remembered that there
were no restrictions upon the elector
in the vote for the adoption of the
constitution. Therefore, it must be con
ceded that unless some provision of
the constitution of Alabama and statu
tory enactments of the legislature con
travene some provision of the federal
statute, and for the purpose of this
discussion, t’he fifteenth amendment to
the constitution of the United States,
the suffrage provisions of Alabama
must be upheld.
The decision of the United States
court in the Oklahoma case, opinion
by White, chief justice, is very clear,
and there is no ground for concluding
that the judgment rendered would have
been reached by the court but for the
objections raised and discussed in the
opinion.
Oklahoma Case
Take the Oklahoma case. It is fairly
inferable from the opinion that the lit
eracy test would have been sustained,
but for the carving out of a class of
citizens who were exempted from this
test, for the given reason that they
were voters on the first day of July,
1866, n date preceding the date of the
fifteenth amendment. It is common
knowledge that on January 1, 1866, the
negro was not a voter and the white
man was a voter. If the fifteenth
avendment “proprio vigore” struck out
the word “white” from all existing
law's which discriminated for the one
and against the other. It is difficult to
conceive of a valid enactment subse
quent to amendment which inserts the
word “w'hite” or its equivalent to take
effect prior to the date of the amend
ment. If such a law had been on the
statute books on the date of the adop
tion of the fifteenth amendment, It
would have fallen before the force of
the amendment. The statute cannot be
stronger because of its adoption sub
sequent to the amendment, than an ex
isting statute prior to the amendment
would have been.
Now, recur to the Alabama educa
tional qualification, both constitutional
and legislative, and, in fact, every
oualification required to constitute n
legal voter. They are wide open, or to
use the language of Chief Justice
White, “all inclusive, general in ex
pression and contain no word of dis
crimination on account of race or color
or any other reason.” It matters not
whether he or his ancestors fought in
any war, could read and write, or was
a voter before January 1, 1866, or at
any other time, if he is not a legal
voter already, and wishes to qualify
and register as such, he must come up
to the name standard, walk the same
plank as the others. That is what the
Alabama constitution and statutory
legislation require, and no discrimi
nation can be found in any operating
constitution or legislative provisions
favoring one class and excluding oth
ers who% have the right and wish to
qualify and register.
Illegal votes may have been re- |
ceived. There are provisions to chal
lenge any voter. There are laws to
try any disputed right. The courts are
open to try all issues and punish all
offenders.
Grandfather Clause
I might close here, but probably it
would not be complete without some
reference to what has been denomi
nated as the grandfather clause. The
discussions in the committee on suf
frage and elections, and in the consti
tutional convention, and before the
people, rarely, if ever, made reference
to the spoclal temporary provision of
the constitution of 1901. It wras not
generally understood, at least not dis
cussed, that the proposed constitution
contained a temporary plan, and also a
permanent plan, and that the tempo
rary plan expired goon after the adop
tion of the constitution as a whole, ann
the permanent plan remained and is
the constitution of today.
Attention is here called to the differ
ence in that respect between the Okla
homa and the Alabama constitutions,
and the legislation of Maryland. The
latter state retained the discriminatory
clause and they remained, until
stricken down by the supreme court.
Alabama provided for the expiration
of any such objectionable clause, if
such indeed were included, but which
is not conceded.
The question naturally arise? why
this apparently unnecessary double
policy? The reasons here assigned are
those of the writer, and he does not
pretend to represent others, though
many no doubt were influenced by the
same convictions and purposes. It is
difficult for those living in other parts
of the country to appreciate our then
political situation. It makes one shud
der now to contemplate the days of re
construction, in what Is usually known
as the black belt. Something had to
be done and whether commendable or
not, it was done. But the methods, a?
all such in the end must, generated
corruption and recklessness of virtue
and good citizenship. A qualified suf
frage seemed the only remedy. Those
favoring this movement labored for
about 12 years to secure a constitu
tional convention before the movement
was successful. I could give the in
side working to this end, but it is un
necessary and irrelevant.
Labored to Meet Conditions
The committee on suffrage and elec
tions of the constitutional convention
realized the conditions of the state and
labored to meet them, and finally
agreed upon a property and educa
tional qualification and the payment of
a cumulative, poll tax. The serious
question confronting the committee
then, was, would the people ratify it?
I here was no difficulty as to the vote
of what is known as the black belt, but
the real opposition came from the most
populous white counties on account of
the literacy and property qualifica
tion. Many wnite people apprehended
disfranchisement by these qualifica
tions Wo not only had information
from the members of the convention
from all parts of the state, but, though
rot generally known, private persona
visited different parts of the state, and
upon the whole, we w’ere fearful of
the results This condition led to the
consnderation of some method which
would satisfy all reasonable voting
citizens of the state and quiet their
fears. These were the reasons which
led some of us at least to frame up
w'hat is called the temporary plan. We
v anted something that the people
would approve, and we w'anted some
thing which was In harmony with the
fifteenth amendment, but we did not
intend to Jeopardize the permanent
plan by any objections that might be
held against tile temporary plan.
Application* of General Rule
W’e believed then, and the writer is
now' of the opinion, that the constitu
tion demands the application of the
general rule in construing statutes,
r* cognized and confirmed by Chit f
Justice White, that one entire statute
of several sections will not be annulled
because of an Illegal section, unless the
legal and illegal are so allied as to
co-operate in creating or sustaining
that w'hich is illegal: and as a further
safeguard on this point the conven
tion to show its mind or intention
adopted section 106, which provides
that If any section or subdivision of
j this article shall be declared invalid
or void, the residue of the article shall
not be thereby invalidated or affected.
This disclosure and private opinion
of the writer must not be C9nstrued in
any respect as conceding his convic
tion that the temporary plan itself is
not immune from the influence of the
fifteenth amendment. Much time, in
vestigation and serious thought was
given to it.
Section 180 of the constituton em
braces the w'hole of the temporary
plan. The section begins: “The follow'
ir.g male citizens of this state, who are
citizens of the United States, etc.,’’
The premise is followed by three sub
divisions. The first Includes all who
have honorably served in the land or
naval forces of the United States in
any war in which the United States
has been engaged, or in the Oonfed
crate states, or Alabama, in the war
between the states.
Second, the lawful descendants of
those W'ho have served as above pro
vided, or in the war of the American
revolution.
Third, all persons wrho are of good
character and who understand the du
ties and obligations of citizens under a
republican form of government.
Now. my friend, when I assure you
that the subcommittee spent a week
framing up and agreeing on this third
f ubdivislon, you will appreciate how
much we dreaded this fifteenth amend
ment. The rule here fixed and almost
the verbiage was taken from the quali
fication required by our naturalization
laws. It begins with “all persons.” It
is wholly disconnected and isolated
from the first and second subdivisions
wThich precede it. There is no discrimi
nation on account of “color, race, or
previous condition of servitude.” It is
“whosoever will.”
Under First and Second
If any person qualified as an elector
under the temporary plan, surely the
objection that It contravenes the fif
teenth amendment is without merit. I
doubt that there is of record through
out the entire state a registration un
der the first or second subdivisions, or
either of them, and it is hoped that
none registered who were not qualified
under the third subdivision. How Is
It possible that such registration can
be invoked as an Injury to or denial
of any right of a citizen of Alabama
at this late day. All of these sub
divisions in the temporary plan be
come inoperative, dormant or annulled
on the first day of January, 1903, since
which time the permanent plan only
lias has been in force, and I think it
clearly demonstrates there can be no
valid objection to the educational and
property qualification, I construe
Chief Justice White’s opinion con
ceded as much.
But is there any valid objection to
subdivisions one and two of section
180. and which constitutes the grand
father clause? The state alone has the
authority to prescribe the qualification
of an elector, and there is no limita
tion to the authority except the one
w hlch prohibits discrimination on ac
count of "race, color or previous con
dition of servitude." In our researches
we came across an old statute of Mas
sachusetts which had exercised the
same authority. It Is true Massachu
setts was not hampered by the fif
| teenth amendment, but It suggested
| an idea apt to be approved by the popu
1 lar mind, and we took great pains to
] so frame the legislation as to Include
i ell races, colors and previous condi
tions. Surely tr.e negro was not dls
I criminated against, no more than tho
| appropriation of public money to pen
! sion the soldiers.
The fact Is my friend, our state, and
especially the black belt was In such
a political condition we were forced
, to have a change. We agreed on the
permanent plan and felt that we must
carry the election for Its ratification.
General Pettus in his lifetime, to my
great pleasure, said to me, “Judge, I
once thought you had before you an
impossible task, but—in his emphatic
style added: "I want to say It li»s
been done and It will stand all judicial
| test."
Opinion of Negroes
I wish to further say that Booker
Washington, while the constitutional
convention was In session. In a private
interview, approved of the permanent
plan before it was adopted by the con
vention. He stated that the proposed
plan set before his people a stimulus
to «?quire education and property, and
no ♦ore w*s required of them than of
the white man. He said it was fall
and promised to support it. I do not
say that he approved of what Is callcf
the grandfather clause. He did not.
I think Washington has dhne a
great work for his people. I have read
all of his addresses and works which
I could secure, and never found In
any of them any criticism or reflec
tion upon the constitution of Alabama
or the white people of our state. As a
citizen of our state I appreciate what
he has dons. I have oftsa regretted the
death of Council of north Alabama. Had
he lived I think he would have done a
great work for his people In north
Alabama.
We are petting along nicely In our
state as far as the races are concerned.
The negro Ib being educated and li*
acquiring property. 1 have noticed in
the country or rural districts that the
negro who owns his home, deports
himself well and is a good citi/.en.
To appreciate our work and our dif
ficulties I will briefly refer to the po
litical situation in our state at the
time. There were two political parties
in the state, the democratic party com
posed of the whites, and the repub
lican party composed of the carpetbag
ger, a few scallawags and negroes.
These were the general classification,
but there were some sincere good cltl
sens, exceptions In both parties. This
division of race and color was the re
sult of carpetbag influence during the
days of reconstruction, engendered by
the Thaddeus Stevens policies follow
ing and perpetuated by the "bloody
ehlrt" until the north and west learned
more of the real conditions of the
south.
There were more white voters in the
state as a whole than colored, but there
were sections In the state where the
colored vote more than quadrupled the
white vote, and in one beat In my
county the proportion was more than
20 to 1.
When the calling of a constitutional
convention grew In favor, and seemed
to be an assured fact, every state
democratic convention remembering
the days of reconstruction and the
personal degradation and insults, and
financial outrages Imposed upon us.
“resoluted and platformed” that no
constitutional convention should dis
franchise a white man except for
crime, etc., or it would not be ratified.
On the other hand, there was the
dealer in votes by the retail or whole
sale, and in numbers to meet emer
gencies, limited only by the purse of
the candidate and his friends, and b>
his side was his colored co-operator
to be thus used, appreciating his vote
only as a market asset. As the white
man In convention declared that no
white man should be disfranchised, the
vote dealer and his asset, with confi
dence and exulting smile pointed to the
fifteenth amendment, backed by the
military of the government, “there
must be no discrimination on account
of race, color or servitude, in this mat
ter.”
These were the conditions which sur
rounded and pressed hard as the com
mittee on suffrage undertook to hew a
way for relief, without trespassing on
either side.
I heiieve the work was well done.
I know we have had no difficulty in
our elections. I believe our elections
are as fairly conducted as in any state
tin the union. What say you?
THOMAS W. COLEMAN.
Scandal in Empire Battalion
London, June 12.—(Correspondence of the
Associated Press.)—A scandal of wide
spread Interest has come out of the pro
ceedings of a military court of inquiry
to Investigate the formation of the Em
pire Battalion by public subscription.
MaJ. A. T. Bathurst, one of the prime
organisers, Is accused of misappropriating
a check for 1300. Moreover, according to
a statement made In court by Major Lord
Athlumney, the major has a criminal rec
ord and his right name Is Pugh. Lord
Athlumney says court records show Pugh
was sentenced to a year for fraud In 1895,
18 months for attempted fraud In 1896,
four years for larceny In 1900, and five
years on he same charge In 1903. The
man got hla commission by posing as a
former ofOcer In the Turkish army. Many
patriots contributed to and enlisted in
the battalion, which had the sentimental
object of representing all parts of the
British empire.
Clericals Fight in Italy
I Udine, Italy, June 12.—(Correspondence of
I the Associated Press)—In addition to sev
eral hundred priests who are going to the
front as chaplains or as members of the
Red Cross society, thousands of young
canons, parish priests, coadjutors, vicars,
professors In seminaries, monks and
Jesuits have been called under arms.
Most of them belong to the medical or
other noncombatant services, but many
" t-- . Saw
arc officers or noncommissioned offio«rft
In the combatant ranks. Chaplains who
are carrying out their ecclesiastical func
tions carry ha^s of black American cloth
containing all that 1b strictly necessary*
for the celebration of their office on tha
field.
I JAMES SANATORIUM
935 S.BELLEVUE BLVD.,
MEMPHIS, TENN.
Private Sanatorium for the Treat
ment of Drag Addictions, Alco
holism, Nervous Diseases, To
bacco and Cigarettes.
” To reach sanatorium take Linden ave
nue car, get off at Bellevue and walk
three blocks north, or take a taxicab
and come direct to the sanatorium.
Patients’ Testimonials
Having received their freedom from
morphine, whiskey and tobacco, they are
ioud in their praise of the James Treit
ment. Read their testimonials:
Cured of Drug Habit
Chas. B. James Sanatorium Co., Mem
phis, Tenn.:
Gentlemen—Your letter received and
in reply will say you are at perfect
liberty to publish my testimonial, if
you desire to do so. I am healthier and
happier than 1 have been for 10 yearu,
and my children are as proud of my
cure as T am. It is a great thing to
have such a place, where people can
be relieved of such a miserable habit,
and those who are not relieved can
blame no one but themselves. If I
ever come to Memphis I will visit tho
sanatorium, wherever it is. Give my
best wishes to all connected with the
sanatorium and tell them I haven't for
gotten any of them and never will. I
beg your pardon for having written so
much, but when I start singing the
praises of the James Sanatorium I
never know when to stop, and it is my
"dsh that long may your institution
live and prosper. Should anyone write
me i will certainly iUiswer their let
ter. Once more thanking you for what
you did for me. I remain your well
wisher. MRS. ETTA SL.OAS,
U Marston, Mo., Sept. 23. 1314.
, Cured of Alcoholism
Three years ago I left your Institu
tion. cured of the whiskey habit, have
/never taken a drop since, nor had any
craving- for it. You can use my Jetter
.ns a testimonial if you wish. The rem
edy for alcoholism is all right If a man
► really wants to he cured and will use
\a little self will. May your business
he all and more than you expect.
S. H. TEACOCK.
Areola. Miss.
For further information and booklet
containing testimonials In regard to san
atorium treatment, address Chas. B.
James Sanatorium, 035 S. Bellevue Blvd.,
Memphis, Tenn. Correspondence oon£*
dentlal.
James’ Home Remedies
| Cost of treatment for alcoholism, to*
bacco and cigarette habits and neuras
thenia is dependent upon age and physi
cal condition, etc.
-Working Up—The Citizen_
By CARL H. MILAM
Director Public Library
"Make this Fourth of July. 191 >,
Americanization Day,’* is the advice
sent out over the country by a society
whose chief interest is the welfare of
our new citizens.
It was thought for a time that some
thing could be done in Birmingham on
that day to make the new Americans
feel at home, but it seemed impossible
to make the arrangements and the
demonstration was called off.
There is at least one place In the
city of Birmingham, however, where
every possible effort is made to gi*e
these new citizens a welcome. That
it the public library.
There are now on the library shelves
on civil government in the United
States, not only many books in Eng
lish, but one or two books in each of.
several foreign languages.
The English books, many of which
are elementary, Include: Beard, "The,
American Citizen;" Bryce. "Hinder
anees to Good Citizenship;" Butler,
"American As He Is;" Cabot, "Course
in Citizenship” and "Civic Reader ( r
New Americans;" Dole, "American Cit
izen." Fowler, "How to Obtain Citi
zenship;" a book for the foreigner and
"Harkavy;" The Citizen:" "Hill. Teach
ing of Civics;" Kallmeyer, "How to
Become a Citizen of the United Statts
of America" and "Messages and Paperp
of the Presidents. 1789 to date;" Plass'.
"Civics for Americans in the Making;"
Severance. "Guide to American Cit*
"Harkavy." "The Citizen;" Hill. "Teach,
at the Helm;" Willoughby, "Rights aid
Duties of American Citizenship.”
These books may be borrowed with
out expense by anyone who lives la
the city.
This Dining Room Outfit
Including Six-Foot Extension
Table, Six Leather Seat Chairs
Terms: $2 Cash, $2 Monthly
“I Never Saw Anything to Equal It”
‘It’s the biggest furniture value I ever saw advertised in my twenty years’ experience.”
That’s what a visiting furniture man said the other day when we showed him this com
bination and told him how low we were going to sell it. “If the people of this
town understand real value, you won’t have enough on hand to satisfy the
demand.” That was his closing remark. Personally we do not know
of a single case where a Dining Room Combination of this sort
sort ever sold for so little, and it is just another example
of the many big things this store is now doing.
The Massive Solid Oak Exten
sion Table
The table is just as pictured,
made of the finest gemiine oak
and built on the true mission
lines; has a very large solid
pedestal, with heavy massive
legs. The design conveys im
mediately to the observer that
the table is one of genuine
worth. The top extends to six
feet and will accommodate
eight people if necessary. It is
all finished perfectly in either
golden oak, early English and
fumed oak.
The Six Leather Seat Dining
Room Chairs
They are of a conventional
design. There are dozens of de
signs very similar to them, but
here’s the difference. These
chairs are upholstered with
genuine leather box seat, and
we can truthfully say that this
is the first time that genuine
leather seat chairs were ever
included in a combination of
fer of this sort at anywhere
near the price for which this
complete outfit will sell tomor
row.
The Illustration is An Exact Re
production
We want to impress upon
you very forcibly that the il
lustration seen above is not
drawn from imagination, but
traced over photographic blue
print and consequently every
feature of this sot is shown in
actual proportion. There has
been no attempt at exaggera
tion, even though it may seem
almost incredible that seven
pieces of furniture of the char
acter pictured above should sell
for so little.
I
__ - _
MORPHINE
Liquor and Tobacco Addictions Cured
Within Ten Days By Our New
Painless Method
Only Sanitarium In the World Giving
Unconditional Guarantee
Our guarantee means something. Not
one dollar need be paid until a satis
factory cure has been effeoted. We
control completely the usual with
drawal symptoms. No extreme nervous
ness, aching of limbs, or loss of sleep.
Patients unable to visit sanitarium can
be treated privately at home. Refer
ences: Union Bank A Trust Co.. The
American National Bank, or any other
Citizen of Lebanon.
Write for Free Booklet No. 30. Ad
dress
CUMBERLAND SANITARIUM
r. J. Saaden. Mgr. Lebeaea. Team
CALOMEL IS MERCURY. IT SICKENS!
CLEAN LIVER AND BOWELS GENTLY
N -
Don’t lose a day’s work! If your liver is sluggish or bowels
constipated take “Dodson’s Liver Tone.”
You're bilious! Your liver is sluggish!
You feel lazy, dizzy and all knocked
cut. Your head Is dull, your tongue Is
coated; breath bad; stomach sour and
bowels constipated. But don't take sal
ivating calomel. It makes you sick, you
nay lose a day’s work.
Calomel is mercury or quicksilver which
causes necrosis of the bones- Calomel
crashes into sour bile like dynamite,
breaking it up. That's when you feel
that awful nausea and cramping.
If you want to enjoy the nicest, gent
llest liver and bowel cleansing you ever
experienced Just take a spoonful of harm
less Dodson’s Liver Tone tonight. Your
druggist or dealer sella you a 60-cent
bottle of Dodson’s Liver Tone under my,
personal money-back guarantee that each
spoonful will clean your sluggish liver
better than a dose of nasty calomel and
that It won't make you sick.
Dodson’s Diver Tone Is real liver med
lclne. You'll know It next morning be
cause you will wake up feeling line, your
liver will he working, your headache
and dizziness gone, your stomach will
be sweet and your bowels regular. You
will feel like working; you'll be cheerful!
full of vigor and ambition.
Dodson's Diver Tone Is entirely vege
table. therefore harmless and cannot sal
ivate. Give It to your children. Millions
of people aro using Dodson’s Diver Tono
li stead of dangerous calomel now. Your
druggist will tell you that the sale of
calomel Is almost stopped entirely here.