(EJtatltum Lucovd.
RATES
tfljatfjaw Hecorfc.
II. A.. LONDON,
EDITOR AND PROPRIETOR,
ADVERTISING
One square, one insertion $1.0)
One square, two insertions 1.60
One square, ono month - &60
For larger advertisements liberal con.
tracts will be made.
TERMS OF SUBSCRIPTION,
$1.50 FEB YEAR
Strictly In Adymc.
VOL. XXII.
ITTTSBOKO, CHATHAM COUNTY, N. C, THURSDAY, MAY.7, 1900.
NO, :7.
Ctattam
AYCOCK'S NOMINATION,
Speaks Before the Convention on Accepting the
Nomination For Governor.
TELLS OUR PAST EXPERIENCE WITH THE NEGRO.
Extracts from his Splendid Speech
of Acceptance. Mr. Aycock Ad
dressed the Convention Two Mill
ies After His Nomination,
Mr. Ay cork addressed the conven
tion: The language or gratitueln ought to
be brief, for inadequacy of speech is
Inner so apparent as when it seeks, to
convoy n sense of obligation. I nm
eraterul to you mid to the people whom
you represent. cannot tell you how
cleeply 8ii. My past life nnd service Pi
the State have so liltlo Justified th"
treat confldem o which you show in
me to-day that I am made humbly anx
ious for nil the rest of my life to ap
prove to your judgment tiio action of
your affections. This nomination has
not come to mo unsought, hut I can sav
with truth that I have sought It in hon.
orablo fashion and it has come to me
free from the taint of contrivance and
combination. Tor the office of gov
ernor itself, dignified ;,nd honorable a
It is, made glorious by the records of
ti long lino of the State's greatest and
best men. 1 haw not wished, but I have
earnestly desired that manifestation of
affection on tin- part of the people of
North Carolina which finds the expres
sion in election to the governorship.
This unanimous nominatum Is a joy
to me, because the good-will of my fel
low citizens has ever been a thing f
delight to me. When 1 consider the
character, the ability, the service, the
flint S8 of the gentlemen who were
named in connection with this nomina
tion, anyone of whom would have done
honor to the State, I am pressed .ith
the consciousness of my obligation to
"on. ami wih fear of my nubility to
meet the demands which your kind-tio.-s
makes upon me. Hut the fight is
not .nine, nor shall I claim the victory
when I, ts won. The contest this year
is to he made by the people of North
Carolina anil the personality of men
will count for little.
Till-; CHEAT 1SSFE.
The question for settlement is of the
ill most impoitanro. It touches the
race question and el"uls with condi
tions. For thirty years our political
battles have been fought from time to
time along race line-, while we have
sought In vain to make the theory of
universal suffrage work out good gov
ernment and private virtue. We have
found by actual trial that it cannot be
done.
INTELLIGENCE MY 1NH EEiTANCE
OK KIH'i'ATHN.
Senator Cullom tells us in his report
of the Hawaiian Commission "t.ie
American idea of universal suffrage
presupposes that the body of citizen
who are to exercise it in a free and in
dependent manner have by inheritance
or education such knowledge and ap
preciation of the responsibilities -it
free suffrage and of a full participation
in the .sovereignty of the country as to
be aide to maintain a republican form
of government."
THE NEGRO HAS NOT CAPACITY
TO GOVERN.
All parties have in different ways
and to different extents recognized th"
incapacity of the mgro for govern
ment. In 1ST.") the people changed the
Constitution at the instance of the
Democratic party, and authorized the
Legislature to provide for the govern
ment of the counties. I'nder that con
stitution the Legislature provided a
svstem of county government by which
the justices of the peace in the various
counties were appointed by the Legislature-
and not elected by the people.
These justices in turn chotte the coun
ty commissioners who appointed the
various school committees and passed
upon tho bond-i of the county officers
cheson by the people.
ALL PARTIES SAY SO.
The counties of Western North Car
olina gave up their much loved right
of local government in order to relieve
their brothers of the east from the in
tolerable burden of negro government.
"For twenty years the Republican party
waged unceasing warfare upon us
against the form of county government
adopted by the Democratic party.
They appealed to that desire which
has always characterized our people to
participate in the-selection of the of
ficers closest to them. When the Popu
list party came into existence it joined
with the Republicans upon this lsstip
and together they won a victory over
the Democracy. They came into
power with the distinct pledge to re
store to the people local self-government,
and indeed the act changing the
old system is entitled "An act to re
store to the people of North Carolina
local self-government." and yet com
ing into power as they did upon this
distinct pledge they were afraid to
trust the negro with the government,
and put in the statute a provision for
the appointment by a Judge of the Su
perior Court of two additional county
commissioners, and clothed those two
with more power than the other three
chosen by the people possessed. Fear
of negro rule compelled the Republi
cans and opulists to introduce for the
first time in North Carolina since the
Democratic party abolished it under
the leadership of that true-hearted an 1
grat North Carolinian, Governor
David S. Reld. a government by free
holders, for this act distinctly provides
that the two additional commissioners
shall only be appointed upon the ap
plication of :XJ cttljeuu, 100 iJt whom
hall be free-holders. The Republi
cans nnd Populists ihemxc'.vt-s thereby,
! to some extent restricted suffrage to
j those who owned land in order to c
i cape from the unbearable hnrdeti of
; negro rule In the eastern ( utilities.
) WILL ANY MAN DENY.
Is there any Republican, is there any
Populist who will deny that this pro
I vision was put in the statute as a safe.
! guard against the evil of negro suf-riifli'-;
will any of them pretend that
any such provision would ever have
' been made if only white men could
vote? They thereby coni'e.-s, and they
have nil this confession in the form of
n statute and written it hi the law
, hooks of North Carolina forever, tint
i the negro vhe.e he predominates in
; numbers car.nol lie trusted to govern.
. They t hemsel . e. ilei hired bis unfitness
and published bis incapacity.
' COV. El'SSEI.L DEARS TESTIMONY.
Again in IMi7, there came into the
executive chair in North Carolina a
; man, who in n public speech had de
clared that he was not a friend of the
, white man nor a friend of (he negro.
, tint a friend of Man. With his advent
to power the negro naturally forgot the
elavs when he was regarded as a sav
age and with expectant Joy listened to
the inaugural add: ess which was o.
usher in that new ami glorious day f
political equality, but before that ad
dress dosed we In-ar this friend of
' Man warning the Legislature not to
: turn the cities of the State over to the
"ignorant and proertyi-ss elements.'
i and thereby this friend of Man de
clared that. fou. I a:; be was of uni
versal mankind. In- rcili.ed that tin.'
negro is incapable of governing the
cities iu which be predominates, foi
surely it will not be contended by any
, body that Governor Russell had other
reference than to the negroes when ii(
, spoke of the "ignorant and property
loss elements."
THE Fl'SloN LECIHI.ATl RE AS
SENTS.
And the Legislature of 1 M'7. violent
as it was. determined as it showed it
self to be to break all ties with tie'
past ami to repeal all I .etnoi rat ic Icg.s
lalion. followed the advice of the gov -
eriKir to the extent of providing for
the appointme nt by the governor it,
the cities ot New Dei n and Wilmington
additional abb-i nu n to those radiate d
by t lie people.
SENATOR HITLER'S EVIDENCE.
Further c ontii inalion of the unit: -'
ness of the negro to govern may be
found in the open letter w hich Senator
Duller adilles-eil to the people i f
North Carolina just before the election
in 1VS, in which In- pledged the Pop'.:
list candidates for t!e legislature m
introduce bills providing a special
form of county government for certain
eastern counties where neiessary.
In what cistern counties did Senator
Duller suppose a special form of coun
ty government wa- necessary, and
why was it nei essary'.' Plainly h
meant in those eastern counties when
the negro predominated and becae
of the unfitness of the negro to rub-.
SENATOR PRTTCIIARD'S OPINION
A more recent and convincing evi
dence can he offered. Senator Pi Mell
aril, iu his speech delivered in lh'
I'nited Slates Senate on January ".'J.
I'liiil, uses this language: "In the very
natuie of tilings it i negro domina
tion) cannot be. I'm, n the earlie-i
dawn of civilization to this good hour
the great while race has given to the
world its history, its philosophy. Its
laws, its government, ami its chris
tianitv. and it will continue to do so."
WHAT II. L. I ill A NT THOl'CMT.
Ill a recent speech ib-livi'lvd In
Goldshnro by Maj. II. L. Count, In fine
the Republican i (invention of Waym
county, lie declared "thai the lie;jl"
could not longer hold office, and th.r
for twenty years he had fottuht to put
down the idea of negro supremacy:
that while the negro, under the cot!
-titution, has a right to hold oft ice
public sentiment was stronger than
law. and public sentiment was opposed
to the negro holding oli'ice." Indeed it
has become the fashiou among Rcpuh
liians and Populists to asset t the un
fitness of the negro to rule, but when
tin y use the word rule, they i online it
to holding office.
WHAT THE WHITE i'Ol.KS MEAN
when we say that the negro is unfit
to rule we carry it one step further
and convey the coileit idea when we
declare that be is until to vole. The
causes which have brought about this
consensus of opinion have iu large
measure forced themselves on public
attention within the last few year.!.
We have had but two periods of Re
publican rule in North Carolina, froai
lKi'S to lSTo. and from ivm to 1S9S.
That party contains a larg" number of
respectable while men. but the negro
constitutes over two-thirds of its vot
ing strength. Government can never
be better nor wise: than the average of
the virtue and intelligence of the party
that governs. The Republicans insist
that we have never had negro rule !r.
North Carolina, that the Republican
party elects white men to office, nnd
that this fact gives us a government by
white men.
GOV. Rl SSELL MISSES THE POINT.
Governor Russell, in his message t:
the last Legislature, vlmlirp'-- himself
against the chaige of appointing ne
groes to office and proudly boasts that
out of SIS appointments made by him
not more than eight were negroes. He
misses the point which we made and
make against him and his party; It is
not alono that Governor Russell ; tit
the eight negroes In office and hl
party a thousand more, but thut the
l-.i.tjitu negroes put HIM in office over
the votes of WHITE men It is the
party behind the office-holder that
govf-rhS and not the off lee-holder him
self. There is no man in the State to
day more certainly conscious than
Governor Russell thsl he pa failed of
bin litirH):e liecause he had behind him
the negroes of the State and not the
white then.
White officer:, dominated uy
Negroes won t do.
We had a white man for sovertmr Hi
ISTii when. elVaiities were declared in a 1
stale of insurrection; when innocent 1
men were nrrcRted without wariatit by j
military rul-throius: when the writ of '
habeas corpus was suspended and the !
judiciary was exhausted. We hud a
white mail for governor in 1S08 when j
negroes became intolerably insolent: j
when ladies were insulted on the publir
streets; when burglary in our chief ,
city beciMno an ev ery-night occurrence
when "sleep lay down nrmed and the
villianous centre-bits ground on ili
wakeful car in the inu.lt of the moon-
lors tiight ;" when more guns and ;d:t- '
lols were sold in the Stale than had j
been in tho twenty preceding years; ;
when lawlessness walked the State til-.n '
a p'-sliletue Slid the governor nnd our
two Senators were afraid to speak in ,'
a city of 2.1.000 inhabitants.
THE NEGRO GOVERNS THROI GH
HIS orEii'E.
It is t he negro behind the officer anil
iml the officer only that constitute ne
gro government. Major Grant now re
pudiate Coiu:n "-smaii U'hlte end
draws the color line against prgio ot ;
llce-holiiiiig, hut it has nut been two t
years since a Republican convention, '
composed in part of white men, ap
plauded to the echo the declaration of
While that the industry or ncgr of-j
lice-holding had but fairly I, -gun. V.'e .
have laue;!ll them much in the past two
years in the t'niversity of While Su
premacy; we will graduate them in
August next with a diploma that will !
entitle them to form a genuine white ,
man's partv. j
THE I'Eoi'I .3 HAVE DECREED IT.
Ibis movement comes irom the peo-
pie. Politicians have beef afraid of
it and have hesitated, but llnj great
ma.-s of while men in the State nre now
demanding and have demanded tha'
the matter be settled oni-e and for all.
To do so is both desirable and neces
sary desirable because it sets the
white man free to move along faster
than he can go when retarded by the
slower movement of the negro - neces
sary because we must have good order
and peace while we work out the itl-du-lri.'il.
commercial, intellectual and
moral development of the State.
THE I'ltODLEM SOLVED.
The amendment 't,; the constitution
is pieseiited in solution of the problem.
It is plain mid simple. It proceeds
along wise lines. It is carefully and
thoughtfully drawn. It stays inside if
the fifteenth amendment, and, never
theless, accomplishes its purpose. I'
adopts the suggestion of Senator Cnl
loiu and demands the "existence- of
sufficient intelligence cither by inheri
tance or education." as a necessary
qualification for voting- it reipiires of
Hie negro the qualification by educa
tion because lie has it not by in'ucrit
anie and demand.'! of the white man
only that he po-setis it by inlierilam e
it does not sweep the field of exjie
dic nts w disfranchise the negro which
is held constitutional ill the Mississippi
case, but seizes upon his educational
unfitness and saves the whites from
paiiiclpatiou therein by boldly recog
nizing the claims of their hereditary
liln.ss.
WHO DENIES THE SITERIOR1TY
OF THE WHITE MAN.
'I he ami ndinent makes a distinction
between a white man and a negro, bio
it docs .-'i,,n tho ground thai Hie whii''
man has a knowledge by inlieritaiu e
which the negro has not. II. is the
white man such superior know ledge?
Will any man deny ii? Will Senator
Priti hard deny It'.' Hear w hat he said
pi his re ce nt speech ill tin' Senate. "It
i-c absurd lo contend that there is any
danger of ue:;i o domination in North
Carolina. In the very nature cf things
it eannot he. From I he earliest dawn
of civilization to this good hour th
great white rac e has given M the world
its history, its nhiloseuiliv. its laws, ils :
i overnmenl. nnd its Christianity, and
it will continue to do so." Why. un
less the white man is superior.' Will
Senator llutlcr deny it? Ask the
Caucasian, evidently named in honor
of that great race. Will Governor Rus
sell deny it? Surely he will not. assert
that unlettered white men are no bet
tor than "savages." If then it be true
that unlettered white men have- a
knowledge of government superior o
that pesstsseei by unlettered negroes I
waul to know if Senators Dntler and
Priti hard and Governor R tssell want
the Supreme Court to hold that the
fifteenth amendment demands a LIE.
THE DEMOCRATIC TRt'TH.
The Democratic party knows t li
truth it is certain that the unlettered
white man is more capable of govern-
ment than the negro. It is so certain
of It that it has put its opinion in
writing-has primed it in the laws o,'
lVKl-has submlleel it to the people
and it now challenges any white man
iu North Carolina to deny it; Republi
cans are professing a special love for
the poor and unlettered white man. but
at the same time they assert that the
law can make' no distinction between
him am! the negro. 'Ihe Democratic
party takes the true, buhl ground thai
a white man is superior to a negro and
that the law of man will follow the law
of God In tee (ignition of II. If we ate
wrong about this, then God pity us for
that sense of superiority which beats
with our blood and boastfully exclaims
with St. Paul "I am free born."
THE CHILDREN WILL LEARN.
Itut the opponents of the amend
ment attack it on another grotiud.
They say that every child who comes
of age alter 1 90S. white and black,
must Ipe able to read and write befor
he can vote. This Is true. The amend -ninnt
does so prov ide. We ret ngni
and provide for the God-given ui'-l
hereditary superiority of the whit"
man unci of all w.ilte children now
thirteen yoats of age. but for the fu
ture as to all under thirteen we cail
on them to assert that superiority of
which we boast by learning to read and
write. The schools are open and vlll
he for four or more iiiopihs every ynr
from now to 1U08. The white child
tinder thirteen who will not learn to
read anil vvrlt1? Ip tP next eight year?
will be without excuse.
THE DEMAGOGUE'S 1NSPLT.
With the adoption of our amendment,
after IIIOH. there wili Le ilo !?'" i the
Dillon with a larger percentage of bo A
and girls who can read and write hi d
no State will rush forward with more
celerity or '-tirtiMntj, than conservative
old North Carolina. The day of th
miserable demagogue who seeks to per
petuate illiteracy in the State will then
have happily pnsued forever.
THE NEGRO Ml' ST PAY HIS POLL
TAX.
! There is one other provision of tin
! amendment to which I must advert,
1 and that in the payment of the poll tax
' by Mart h 1st of election years us a eon
' dition to voting. The largest part ol
j the poll tax goes to public education
under the constitution. If our boy.-t
are to be e.lucaietl an condition pi".
cedent, to voting after I'.Kis, then no1
man who wili not contribute to thu'
end ought to vote. Nearly all whit if
persons liable to poll lax pay it now-.1
If the negro wiiutn ( vote it is no
hardship on him thai lie should lie re
quired to pay his tax to the support of
those schools in which his race gets
morn than it pays of the public fund.'
THE I-TGIlT IS ON.
The various provisions of the amend,
incut work together for good to ail
men. We aie going to carry their
through to roi'd ss The light is on
We unfurl anew the old banner it
Democracy, We inscribe thereon white
supremacy and its perpetuation, ru
der thai banner we shall win. and
when we shall have won, we will have
peace in the land. There will be rest
from political bitterness and race an
tnuonisin. Industry will have a grea'
outburst. Freed from the nece-slty of
voting according to our color, eba!l
have intellei tiiiil freedom. Error will
come face to face with truth, and si,., 11
suffer that final crushing whii h the
poet denies to truth. With freedom of
n o,e one p.-.o.. ,. e ... -
lion itiiu jiiiihic u'I'-im nam win sianu 01
fall in the court of reason nnd not of
passion. To these great etiels I hi u
vour unceasing activity during tin
present iiinipnign. Let your work b
with zeal ami eariie-tiiess. Rcmi'tnhe?
(hat the peace of the State is at stake.
Do not foriret that the safity of our
women is dependent upon it. Ladies re-o
fugeed from Wiliiiiugton iu lI'S asi
they did before the advance of Sher-j
man in i"t. The county in which wel
are assembled is named in honor of a
woman. Esther Wake.
EVERY MOTHER IS A QI'EEN.
The city in wide h we are is unmeet
for thai gallant gentleman whose muse,
famous act among his many great an l
ill.istriou- di eels is that be spread bH
cloak upon the grouml iu order that
his queen might walk dry-shod. Iu
North Carolina in every home there is
a queen wife, sister, mother or elaugh
LET I S RESPECT ONE ANOTHER.
Let the adoption of the amendment,
furnish us the occasion foi a better un
derstanding one with another; and
while' restoring to white men the right
ful superiority which God gave them,
let us. in the assitratx-e of better gov
ernment, learn not toleration only, lei'
tv-poe t as well for the views of those
opposing us. Iu coming together foi
the common goo.l we shall forget tie
asperities of past years and shall gi
forward into the twentieth century a
united people, strivint with zeal nnd
in generous rivalry for the material
intellectual ami nurui upbuild. ng of
Hie ;-':!.
AN ERA OF GOOD FEELING.
';.;. ihe era of u fe-eling amoni:
ns In- ihe outcome of tins lotitesl. Then
we .'hall barn, it we do not alreadyl
know, that while universal suffrage i
i! failure, universal justice is the per
petual decree of Alnunhty Cod. and
that we are entrusted with power not
for our good alone, but for the negro a?
well. We hold our title to power by
the tenure of service to God. anil if wr
fail to administer equal and exact jus
tice' to the negro whom we deprive o
suffrage' we shall in the fullness of
time lose power oiirselve-. for we must
know- that the (Joel whu is love trusts
no people with authority feir the pur
pose .if enabling them to do injustice
to the weak. We do well to rejoice in
our strength iitnl to take delight iu our
power, but we will do better s ill when
we come fully to know that our light
to rule has bauu transmitted to us by cm:
fathers through centuries of toil am:
sacrifice, suffering and death, and tbe ii
work through all those centuries ha?
been a striving to execute judgment iu
righteousness.
II IS DE.U'TII-VL PERORATION.
The morning of the new century
there is work lo lie done. The oid
old combat between freedom ami fore
is even now upon us and the mighty
roar of traffic and industry cannot
drown the tremendous din of that e on
die t. Our industries are to be mu.il
pjee, out commerce increased. We an
to have an edm .itimial awakening tha
shall reach eveiy son unci daughter o.
North Carolina. We may not grow iij
nunibeis as rapidly as some other
States, but we shall multiply many
times the effective power of the State:
in the next ten years by the strengt!
which conies firm the wide diffusior
of know ledge.
It is my happiness to have bee;,
nominated by you for the governor
ship of that Slate in which thes
things are t, be done. 1 shall com" tt
that, great office. If elected, with at
honest desire to serve faithfully ae
well. I shall have no enemies to p in
ish anel no private ends to gain. I shal
be the servant of Ihe whole people ot
the State. Are you rich and power
ful? Then I shall meet you as youi
equal: for surely he who has garnered
this harvest of hearts has a goodly
heritage and possesses a power whUTi
only folly can dissipate. Are you
poor? Still I am your equal, possess
ing no other i ie lies than the love of
my friends. I shall respee-t the rights
of property and rejoice in prosperity
but I shall not forget that they who
toil constitute not only the laixe'-t
class of our people, but from their
labors cau spare little time to urge
their views upon those whom they
have chosen to serve them.
Hon. James t. siieDlien! Answers
Questions.
4
HE GIVES THE FACTS AM) SAVS
The Amendment Not I nconstitu
tleinal Lxpli:ins the Situation
Fully.
The following- letter ail'l opinion by
Jlon. .lame., K. Shepherd. ex-Chief Jm--kie
e of the Snp-'mie C an t. win written
ly him in re ply to a l.""-e- received
from a proniliioiit Deuns-rat ill h-'
Nu'e askiiig hfs opinion upon the two
qui'stlons due n.-"p I vi his letter:
Dear J'ir: 1 do not tlndersMne! tli.il
in ri'fei .-ne .' to t.uir 'irsl iii".f b'u
thal is. as to thecntistitu'i.i'iuliiv nt the
jiivpi se-.l (iiiiPiidini tit lo oar Still''
Milution-- you expect me to write an
tipinioti. urn glael of this, as the
ground is so t'oinjdet'.l" 'ocred hy till
able arguments or j iieJe.-- H -.-i m-i,,
mid Connor. Representatives Roun'r"
Hid Winston t who 1 think were in
charge ' ih DID i. Ma i. Guthrie, Mr.
liusiiee. Mr. .minni'ifr "tut other prom
inent gentlemen, both ill alld '"tnidi'
of the legislature, that anything !
luight "iiv would be but r. th'ss repe
tition, t Will, ! iie e-fo: c I Xpll'.-.S II' V
c incurrence in the t un lu"i"H they
have reached, that the u no-iiei tu'-o i
Is not in innflici with the --"i'-.;i t C n
stituti'in "nil the ami-nduieiiis thereto.
HI T SFI'POSE sEt'TlnN " IS A NI L.
LITY?
'2. The second que -lion p it by vec.
Ir. whether if section . were de clal'ed
unconstitutional the other part of lu"
proposed atneiiiim"iit relating to all ed
ucational qnalitie alflilrli. etc.- wfnild be
held valid. In view of -he iecifei.ns of
the Supreme Court of the Culled
Slates I cannot uiide-i stand Ii ivv there
tan he any doubt n.s to the proper an
swer. SOME CASES IN I'olN "I.
In Doll i k vs. Farmer Loan
Trnsi ,,., I."i 1". S.. ti'il. it i- said:
"It is eleliieulaty that the -ami' sla:
fute may he in pan eou.-tlnnii'iial and
in pari iiiiconslitutional. ami if the
parts are wholly indi-penib-nt of eac h
other, that which is e-.institutional may
stand while that which is utic.institu
tiuiial will be reei'ted. And in the
case before us there i-i no question its
I the valielity cf this act. except sec -Hiotis
twenty even to thirty-seven itl
ulusivo, which rel.ite to the subject
'which has been under discussion.
WHAT THE RI'I.E IS.
Anel as to them we think the rub'
laid down by Chief Justice Shaw i-i
Warren vs. Charleston. Cray. St. is
applicable, that if the different p.uis
are so niutu illy catiinvted with and de
pendent on each other, as c.iiiditiotis.
consideration-, or i-ahipensatii-.iis for
eaeli other, a- t i warrant a belief that
the legislature intended them as a
whole and that, if all could n"t he car
ried into effect, the legislature would
not pass the re sidue indepeTnle itly.
a:ii -otne parts arc unc institutional,
all the provisions which are i mis ele-p.-ndi
nt. conditional or cmue ct.-d must
fall with them. Or. as the .in is put
liy Mr. Justice Matthews in P :tu!exter
vs. Greenhow. 114 1". S., L'T" "It
is undoubtedly true that tin-.- in ay be
r:ises where one part of a st-c i'e may
In' enforced as constitutional, and an
other be de-clared inoperative ivl void,
because' unci. ust It ut ioiial ; but thee are
cases where the pirls are so :is:iiictly
separable that eac h can s' i -.! alone,
and where the court i- able i" ,-ei' and
dot hire that the Intention of : legls
lature was that the part i : "ii iiiii ed
valid Mliould lie enf n -eabb . even
though the oiher part should fall. To
hold otherwise wculd be to s-ib-titute
for tho new law Intended In -he b'uls
lature. one they may never li ne been
willing hy itself to enact "
The principles thus declare! hv the
court are no: denied iu the I' s-eiiting
opinions. Indeed, they are 'needed,
but it was contended that tln-v .lid not
apply to th'1 cti-e under con ideration,
inasmuch as t i'1 section- of I lie act re lating
ia a t ix upon income.-, derived
from ( Ih'-r sources than i'e nts and ia
veMed personal property (which latter
were held unconstitutional ' were clear
ly separable and admittedly ei:!'ore ca
ble without reference lo the- invalid
sections. The court hehl. however.
Dial they were all th" putts of a s heme
that niu-t be consider!-1 as a whole,
and that all of said sections, valid as
we-ll as invalid, were' voiel. This upon
the grounel that tin- lawmakers could
not have intended that any of those
sections should go into effect inde
pendentlv of the others
ANOTHER CASE IN POINT.
Again, in Spragne vs. Th ompson. 11
I. S . !1 (cited and felly approved in
the c.L-e Jut referred tot. it appear.,
that the legislature e.f Georgia parsed
i t vmpulsi ry pilotag-' law which cx-ee-pti'd
from its operation "coasters"
in Georgia anil between the ports of
Georgia and those of South Carolina
and Florida. These exceptions wero
held to be illegal discriminations under
an act of Congre?s anil therefore void.
The court said-
"It was held, however, by the Su
preme Court of Georgia, in ihe ca-'-now
before us. that so much of the sc. -tl.tti
as makes these illegal exceptions
may be disregarded, so that the rest of
the section as thus read may stand,
upon the principle that a separable
part of a statute which is linc.nr-titu
tional may he rejected, and the remain
dot preserved and enforced. Dot th"
insuperable difficulty with fhe applica
tion of that principle of construction
to the present instance is. that hy re
jetttng the exceptions intended by the
legisl.it'ii e of Georgia tae statute is
mad" to en ic what confessedly tho
legif-lit'ire r.eve; moant.
THE 1 EGIST ATIVE INTENT M I'ST
NOT DE DEFEATED.
It confers up-m the statute a p.-.-i-tive
operation, beyond the legislative
Intent and be-yoml what any one cm
say It would have enacted in view of
he Illegality ol the exceptions We
iio, therefore, i -us: i -.lined to hold that
'.he provisions i f se. nuns 1.M2 of the
udo of Geoigl.i cun int be separated
so a.s to reject f, ii unconstitutional et
eqptions merely that the whole section
must treated a- annulled ati1 abro
gated by seo'ii.-a of the Rrvleed
Statutes."
Titu S"s in these eases are Mated
because they .-. rv" to Hhow how far
he court has gone In hoolioK an entire
in Vi'd hv reason of the nncofls'ltu
tionrjlty ot . only. It will he ou
served that In these hiRtaiices there
! was absolutely no iliflb ult.t ' separ
1 .Ming atft en'ote lng valid parts
1 thai fii 'icctsieiiis were ba-ed purely
' upon the u i .": '.! that tim law makers
' i-oubl not have intm l'il lo biv nssent-
cd to the law in its expurgated form
. The r;i.ii of Spragne vs. Tlnn1J)S'ti
I istiprall Is so clearly tiiuil -g ma t the
question under i onsideiutloa that to
I my mtiiel It puis an end t any eontro
1 ver.-.r tiuon th" subject. The act of
i Congress piovhied that. "No regula
tions or 'i'..v!sl lis ."hall be aeipted by
any slate which shall mafci' any dis
i riininatloii in t'ae ta'e of pilotage or
liulf inl itiu;e hcmci-u vessels sailing
be-twe. u Die ports of one cHate and
ve ssids sailing .between the port of
' Different States, etc-. Ii seems that
; In -for" the- passage of the act thre was
, no i utiiiil-irv dl, tiige law in Goi-rsla
as ' a oy vessels whatever. The legls-laDu-r
,'titi inn'cl to Hiipo-e pilotasiO
, fees upon nil 'i -eept those Bitll
' ing bet wem t in' p 'i' '." ulnive mention
"'I It had no intention of ImpiKiitirf
. Ihesb fexirictiotis up II the veRscl.f
wlthli! Ilif' exceptions, i. nt if these dis
criminating foal illegal exception.)
I were -simply stiie ki-:. e nt or disregard
eel the net. would then have applied to
ail fnast-ls, thus iucbi tint' those th"
legislature !i"'l -xe cp e .1 The- e-utirt.
us we have seen, dr'latel the whole
statute Void be. au-e 'he statute
"tvoitbl be made to on., t vvlia.' '-oti-:
lessi'ily i-h" legislii'ute- in .-( meant."
According !u the pi'--- nt consiitu
ti ni
THE PROPOSED RE.-TUti ' I KN AND
HE EXCEI I IdN
n i i-diieal i:,nal qita.'l'b-it i t. is requir
ed and illiterate- person-, white or
, black, may vole. The prop' ',1 uifr.ti.l
nii-i;l. seetL.n t. provide, f t an e.ltiea
lioiitil qualification, but in lie- .'.th sec
tion ii is pre if -I'd to except from this
re-quit i-inenl ail tvial" per ri who ut
Junnniy 1st. m:7. or u! ii tune prior
t ii-reto were e nltib-el lo v. te 'ttoler the
liihs fit any Stat" f the- I'ni'e- I State
wherein ihey n sidi'd'and also Decline e
de'sce-tidants of site h pi I S ):; -.
THE Oil.) ECTION MASKD ON IHE
, EXCEPTION.
1 It is urged that the exceptions are
I void becau-e r 11 y rtiscriminati' In fa
1 veir cif the vvliile anil ag tlllil the negri
i tic ", and i hat ley reason of sin h dls
erliuiiiaiion the right of a large num
ber of negro -.filers is abridged en ;tc
coiint of their ' race." c dor or previous
e-i. million of se rv iiu le.' Sow. it Is
; iii.aiiife-i that if the exceptions are cv
j or dec hired void it must he so eb-clari'd
' because ol' lliis alleged it is-11 m i t.ti f i n T
'purpose of tie- lawmakers- that is to
: say, that their :- a! iiitentiou was that
t'u' e.lucati mill qualification should
; not apply to the present illiterate
waites hut hi the illiterate bhte-k-j.
Tin i " c an. I feel sure be no CFcape
I from -his p .. iticti.
! THE ('H.IECTL'N CAN NOT DE Sl'S
j TAINED.
j If hi-n. such was t.ae intcntic-i of
1 the lawmakers, tlitct is t i .-ay. that the
, whit-'- should not but the lilacks should
J be - is ':-). r to lite- e.lne uti -tint qu illflca
I tjoti. h w Is it po.-slide tiniler the prill
I ci pie- ali iv" st t'l-d itttel eqiec tally nnd -r
j the rolmg in Spragne vs Thompson,
that t ic e utt-i rill diSieL'.ird the ex
cept! ns and .-oistnin that pirt of the
auieu.li'o nt I'l-puirirn i-lueatioiial
I qualiiti at :. n for tin- vvliitcs a- v.e'l as
j the bl. i. -.. hl. It it most :;ei es-aril '.-dee-lire
w a.. i"t ti-illv itit.-n le.l to bo
! I i.- lav
THE Ulili-'I.VnvE INTENT GOV
i FUNS,
i To so hob! ' vv oul.i e in the word., ,-f
I the coiitti lie to substitute for the law
intended hv the b-gUlaturo tor t i"
i poetplei , in- they never have been will
! ing Iiv it-. If t.- eti.itct" or adopt. There
lis. as tin- .- '-.ir: .-iys. "ait insuiei-iiliii
difficult.' tti I'c.ichii-g -itch ei conclu
sion. Auth". .ti'S may be multiplied up. n
I this p. in: but a - it a Federal question
I and must if over teste I. be determined
; by the Supreme C uirt ( f the I'nited
I Suite s, it is d' e-inccl UMie, e-s -afy to i-itn
j anything in additii'lt lo i s e,v :i deci .-
ions, whu i i i my opinion, seem to
; pit; the ni.-it'er intirely at ri'st.
tIUECTION CAN NOT DE M DE TO
SECTION
I Thi"-i' is aroi'tii-r vii w v. h'ch I think
j I- etiuiilly i inclu-.lvi'. It i-. of cotirsei
I apparent that i' ;s not i-n .". that
! can be made the point i f judicial at
: lac-i. That s -ctl n tieith i abriemes
s'lffraue nor i imfers it upon any eto
j anel if ii were stricken tut the elu.-.t-
tiotuil icstrie '.ton w. nbl -.till ei-t as t-i
I both race s. '1 lie to.'ao r slave or hi
I dscindaiit !.a- no sfiudtt.g in c-o-irt
."Imply for tl." p trp s.- of e ,-nt ing
whin's or any oth- r rue- ftoni being
exen.pli'd frr itt an e'eb:, 1 1 1; tcil quitlifl
catioa 'I'll'1 e- is no ic-s i ii of the
e-ompe 'i'IK-V of the law m ikers to ini
Mse or di.- pense vv:tl- - n-o a res-fiction.
THE ONLY LEGAL G'D'l'Mi COV
ERS THE WHOLE PLAN.
The only ground that tin' f liner
slave can take Is that n: r gin to vote
hits be-on abridgeel on ,o c ut;t of race,
color, etc-., and his at tact, mttst and can
only le directed igi::-t the erv
c lau.-e imposing the ie.-t.icti ur It) or
eler to remove the ri-bi'-tn-it it Is
plain that the restrii tioti : self tnu.-t.
be- assalletl. and it D claiire 1 i.e e-ati do
ley showing It view of tin exceq-t'e-ns
coiitiiinivl iii --Oct ion ". so nniib for
sec tion which imp si's an e.tu'-at'otui!
qualifieatiiin is unc nsiit itbti.-i' in
that ii is b it a pan o f t cl-.rme t i
abi l-lge his right to vote c n ount ef
race, color, etc.. tind therrf ta in inn
I'lit wi'h H e i.'th ameminn n
IE ANY"dAR 1' FALL? A!.:. Mi aT
FALL.
If he should' stir i red in his rnr.ter.
ti -n. thn i1 i- !".): that the c'-viSt-t'liposing
the edtif atl-jnal qualin.vtt if'O
i:i'ist be d"! dared void as to both r.i.e-.'.
Ju ooti.lilcr-aH; n . f the prltuiplrs de
ilaiid le. the highest tribunal in the
laud I really can i.nt entertain it doubt
as to the conectness of this n ru !u
sion. Respe ctfullv.
JA--3. E. SHEPHERD.
OUR IJUDGET OF IIUM0E,
IAUCHTER.PR0VOKINC STORIES FOB
LOVERS OF FUN.
Slie ll'iblie Hie. l'iirie-.IIm) Hoo.l ICeamim
In Hieew An IiitcinlliiK Aciiinluti
.01.1--II1V Hin ' Something
l.lilllli-el le Her Ofiulillt. tt'i '-'-
VVii.-n I was young a pretty uiiii l
I'-Hidueli-d 1110 around,
And every siuglo placo I went
J'tuit iiursu wit!) also Inum!;
lint now thut I have older grovvn,
Ait lic'iress, not 11 nurse,
t' liiibn-ts iii" I stick close lulmr,
jilin holds, villi kurvv. tho purse.
rbiliiiielphhi North Amt-rlcaa.
Una f.eiciil lle-iKoii In Kyuvr.
liny nor "I Iienr there iaauow baby
next iloor to you."
Shvni; -"You cluii't hear it half at
oflL'ii'ua I do." Chicago Tiibuut-.
.tn liilprt-KtliiR A-iimiiitnnce.
Tho Hostess "! waut you to meof.
Mr. a'.vker. So interestiuj?, you
Know. Ho ln-licves in nothiuf,'."
Th" liluse One "What entliusi
psm!" Life.
M 1 v Have (ielf SellUllI llllllf.
"A uurgltir gut into our house Inst
ni'-rli!.'1
Did In; hike anything:"
"The children nr.- all ii:U, ami VI
hi'i'j Ii" the imsaxlc-.
I null' 'I til Her l.i ii 1 .111 .
Mrs. Holmes (severely would
i-iitlicr live ,ia lucinl and wutor Hum
on charity!"
Tho Tram)) 'Yessuin! There's uo
disputiu' almut tastes." Tuck.
I'i-iii lii-ul t'l llcuv.
She " Von spaii! 110 tiiuc ur pains
in the lovc-h tiers you write me'."
1 1 0 li. that's all right; if you go
buck on uio I . m us; them inn novel
I'm guttiuK "i'-' -Imliauiipolis Jour"
mil.
,1 l-....l'lc lOO llC.
le"A (tirl slmnlcl not cnt-oiirngo
n mini t proi-e-o if she docs not mean
to acccjit li 1 111 '
She "Well, it might be t Iio quick
est way to get n l of his attention.''
Pack.
III. Suit SllilH.
Dasher "Why do you wear such
awfully loinl clothes, old chapV
"Masher ''.So that J ciivvn't heuh my
tailor when he comes awoiunl to col
lect the bill, cl iu't you Uuovv."- lcieh
nioiul Dispnlcii.
Iliiinan Niiltire.
Mi. i'igg "I ilmi't sec how that
Montreal girl could slecqi sixty days."
Mrs. Tigg lsicaking from observa
tion! -"Probably some one kept call
ing her to breakfast right along."
J'.u'tituorej Auiericau.
Alieiilt Hie Siw "f 't.
"It's no trouble at all ioget nuirricil,"
remarked the girl with Die new en-eiig.-nii-ni
ring.
"Nu." replied her married sister
vvitii is sigh. "Tho troublo doesn't
lic-ni until shortly alter tho cere
mony, '
Ititn-r Tone l eer llu llnl'V'" l.niiiln.
;ritiili-r "V.'liat ' asleep at your
li s,;, sir, and work so juessing!"
Mcvkly "F.xc'iiso me. sir; baby
!o pt mo awake all uight."
Grinder --"Then you should hnvd
Ic-i-lit it with you t" the oll'n'e."--Dro-'klyu
Life.
Aviiilillile KcfilKP.
S';c "I sujipose. Senator, you lind
' tiie olare of iml.dii'ity wry aiiuoyiug
-o.ue times?'"
He "Yes. F fri-iUcutly bi-coiuo so
weary of it taut I am almost templed
1 1 1 in for the V ice-Presidency. "
Cnie.igo Titiics-Hci aid.
A I'lilpiltele I iiNctii'i'il.
"I'.lameit all." muttcicd tho white)
o-v under tho leaky shed, "l am wet
! 1 ihe skin."
"So am I," said the red cow. "And
to thin!; 1 just heard the milkman tell
his neighbor that all of his cows were
dry. ' Chicago News.
An Iiiteii 'iiinui-.
She "Yotiiiie the very iitrosl fel
i low on earth."
j He -"L it I am not nu the uirth."
j She "No?"
1 )le--"No; because your admiration
1 lifts nit- quite to the stars, don't you
1 know." Detroit Free Press.
I n lowly Mimic.
Mr.-. Wunder "My dear, that
.iniu colored silk you bought for 1110
; is not I'l'.un-colored at all. It is
green.
Mr. Wunder "Ob. it's plum
,' .l",el all right. It bnsn I ripened
vet. iloit nil." JJ.illiuiore Auiciicau.
nu i"i in. iii' .
"Y.-ti are a spendthrift," exclaimed
the man of wealth.
"Yes" Miid the titled son-in-law.
"Have von no high principles is
life?"
"Yes, sir. I am one of the peopln
who consider it a disgrace to die rich."
Washington Stat.
VVoiiolli't) I'milt. of f.clin!
She "Tell me. Frank, do you
think 11 mull is justified iu telling
fiilschiieids iu order D gum a womau's
consent iu marriage?"
He -"Do you suppose if he told
the truth only and lully a man would
ever find favor iu tho eyes of aDy
woman?" Host-on Transcript.
The Savuiiu Haclielnr.
"There is one thing I would like 1 1
tuow," said the Savage Kachelcr.
"Is thnt possible?' asked the Sweet
Young Thing, with sejiiie acerbity;
this occurring at tho breakfast hour,
when lovely woman is at her uusweet-
'St.
"Yes. I want to know why nearly
evil these women who have distin
guished themselves by a display of
brains look so much like tueu "
Indianapolis Press.