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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.