" -
ii i .1 in i. ., , , , .. i i. . i I.
VOL. XVIII.
RALEIGH, NORTH CAROLINA, THURSDAY, MARCH ?. 1900,
NO. 11
v
Vy
i
7
(I
1
SENATOR
wim
Manhood Suffrage in North Carolina .and
Proposed Constitutional Amendment.
I
He tuoten Alunl.itit and Conclusive
Legitl Authority to Show ThHt Ser
tluu ," In Not Only I'lieoiKtltutlonitl,
Hut Dint It Will Full. Leaving The
ICemalii'ler of die Amendment to
Manl. lie DNimihv-h .IiMse IXrown's
Proposed Amendment mid Slicms
Tli.it the Court Would t.'nqiieAiSoii
nbly Ignore uny Attempt of t lie Leg
islature to In trui t It How to De
cide Tills or uny Olhr QtieKtton. He
llrund tlie Iturc of Nero Domlria
1 lfn us 11 Marnier on the State. -Other
Features r fse Amendment DU- j
cussed. He Says that the Proposed I
Amendment Is Not Only I'nconMlIu
tlonal mid 1;i narrow i to .li Liber
ties of Fifty Thousand White Men
In North Carolina, Hut That it Is
Dishonest In Us Method and Puts
the fonth In n I'alte Position.
The Senate having under conddera
t.on tho revolution (S. 11. declaring
that nu e niietinrnt by constitution or
otherwise by uy State which confers
'the rliiln to vote upon any of its cit
izens because of their descent from
certain persnrx rr (lasses of persons,
and excludes other citizens because
they lire not ile,ernrted from such per
sons or classes of por.-uns, having all
other qualith jtkms prescribed lv law
in the opinion of the Sen ite is In vio
lation of the foui tt;enl.'n and fifteen t a
amendments to the constitution of th
I'nited States and of a fundamental
principle of our republican form of
K'n ernmcnl
Mr. Butler .said:
Mr. President: I have listmcd at
tentively to three speeches which have
been delivered in the Senate in opposi
tion to thin resolution; I have bpen sur-
prised that these Senator have derot-
HE GRANDPA
I
CUE OF I E
MY
Mm
, t: the legal and constitutional ques-
t jtt !ssue and about which there is
t . C contention that is, whether or not
tie negro rs as intelligent ad as capa
'eTot elf-gover1imcnt as the Avhite
aan. If the proposition before- tho
nat3 were a resolution for the repeal
? t"e fifteenth amendment then their
eches would have been more to the
'.nt. But that is not the question
; !ed by the resolution, nor is it tho
'cj:faUon. that confronts the people of
North Carolina to bo voted on at the
August election of this year, nor is it
,t'.'.t question that the courts would con
Yhler. The fifteenth amendment, whether
l adoption was wise or unwise, is n
iWA tlrt of the organic law of this llepub-
lon of the Federal Constitution; and
Ivhllc'it o remains it should anti jniust
e respected and obeyed, not only by
Levery State but by every citizen and
oter; nnd further, it is 'well known
hat the highest court of the land, re-
rdless of what the private opinions
yf the individual judge might be as to
the wisdom of the fifteenth amendment
S. any other provision of the Constitu
on. must and will declare null and
an and every enactment of any
legislature or any State constitu
tional amendment that violates that or
iny other provision of tho Federal
Constitution.
THE ONLY QUESTION AT I3SUE.
The resolution now before the Sen-
nte, offered by my colleague, raises this
iqaeeitlon as two States of the Union.
fne State of Louisiana na3 already
dopted nn amendment to its State
nstitution the open and declared pur-
k.se of which was to evade the fu-
rfent'h amendment to the United States
onstitution. The legislature of tha
tate that I have the honor in part to
rent has submitted a similar am-
ouent to the peopla of that State.
ut tfo voted on next August Now, I
rhertiit that the only question at Issue
Jghtu will or can be considered by the
kWlite In passing upon the proposed
LJlOlUllon is wneuner or nut m uuui-
vana amendment and the proposed
4orth Carolina amendment ore in vi
olation of the Federal Constitution.
"he opinion of the Senate on this legal
iucstlon, when It comes before it, will
Jetermlne whether such an amendment
t'toall stand or fall. I may add also
Hit It will be thU legal question that
liall largely determine wether or not
Jde voters of North Carolina will next
lUguEt adopt the proposed amendment
t the polls. I say this, for I feci that
can My on behalf of tho voters of j
I lorth Carolina, regadleas of party.
(hat they will not knowingly and wil-
illy vote for a measure that Is viola
m of any provision of the Federal
institution, even though. In their
dgment such provUloin was not wise,
.know myself, personally, many vot
M who believe that the adoption of the
.JtaAnth omonrlment was nrt nnlv-im.
- .: ruuv.. - '
l'lse, but a great mistake and a greitr
f f ia error, yet who will vote agalu-st
Tae proposed amendment because they
Te satisfied that it Is clearly in cou
jct with our national Constitution.
I The people of North Carolina arc
kwablding. They believe in dealing
'v n a frank, honest and candid manner
.f rltll public questions ns well as with
" vy"Lyatfl ones. I believe that. a tnajorl
V the voters of that Stats would to
morrow, if the question were before
km vote to repeal or amend the flf-
Vntb ameudmeat. But 1 say U to
ielr bouor And to their credit that
iey have too much respect for their
Una as eAlzens and too mucU regard
r Yry law white i remains law to
ill
1 1 in
the
E
- j
j
vote for a proposition in violation of I
the fifteenth amendment as long as i
that amendment stands. (
Therefore, the only qneit ion at issue
beforp lhf SJpnnlo anl lvt,f r.T.r v, ,ntr. '
PROPOSED
111
mil
ion
of North Carolina are the legal ones i the times, as well as the careful and
wiiich would be considered by the su- ! measured terms in which the ariule
prenie court if the proposed amend- j is framed, well shows the correctness
ment should come before it to be test- of the preposition.
ed. What are these legal questions? In Bank V3. Fenno (8 Wallace) Chief
First. Is section five of the propos- : Justice Chase, in discussing the mean
cd amendment unconstitutional in ! ing of the term direct tax, said:
conflict with the fifteenth amendment? We are obliged, therefore, to resort
Second. If tlie supreme court should to historical evidence and to seek th'j
hold that section 5 is unconstitutional, 1 meaning of the words in the use ami
would it also hold that the balance of ! in the opinion of those whose relation
the amendment (which makes a com
plete iiiid constitutional scheme of lim-
iting suffrage) should stand as a iarl i
of the organic law of the State? I cite, in "addition, the opinion of the
These are the questions I propose to court, rendered by Chief Justice Ful
di.sciiis. If the law and the decisions j ler, in the recent income tax case, as
of our supreme court show that the i well as toe dissenting opinions, all of
answers to boti: of these question which went into long historical dis
mast be in the affirmative, I take it ; sertations.
that then there would not be a man in ' In the case of Manns vs. Louisiana
thi3 body nor a voter in North Carolina Judge Bradley reviews fully the his-
who would dare support the proposed
amendment.
WHAT ARE THE FACTS
WHAT IS THE LAW?
AND
i ntu ici u bfe. wuai me lucis are
,-, ,1 ...un4 u , 1 1 - ni i t
'I ' 1 , . . 1 . . T .1. e a i
uim vuul Luc law is. i ne propositi
amendment, with the exception of sec
tion i. is admitted by every one to be ; the Constitution we must take into
clearly constitutional. The education- consideration the times and the cif
al qualification section, which is section j cumstances under which it was fram-
1, is as follows:
Sec. 4. Every person presenting him
self lor registration shall be abie to
read and write any section of the Con-s-titution
in the English language; and
before he shall be entitled to vote he
Khali have paid, on or before the first
day of March of the year in which he
proposes to vote, his poll tax, as pre
schribed by law, for the previous year.
Poll taxes shall be a lein only on asRe-3-fed
property, and no process shall is
sue to enforce the collection of the
same except against assessed property.
Now, is this section limiting suffrage
to those who cau meet the educational
test to read and write constitutional?
Clearly fo, because the States have full
power to limit and rqgulate suffrage,
except as inhibited by the fifteenth
a wend men t of tho Federal Coitatltu
tion. That amendment is as follows:
The right cf citizens of the United
States to vote shall not be denied or
abridged by the United States or by
any State cn account of race, color, or
previous condition of servitude.
The Supreme Court in a number cf
ease, iiassins upuu uua yucauiiu uuu ,
construing the fifteenth amendment, i
has definitely laid down this principle: :
A suffrage qualification, to be in ac- j
cordance with the fifteenth amend
ment, must operate equally, imparti
ally, and uniformly upon both races
and upon those formerly free or form
erly 'bond. Thus we see that the fourth
section, limiting suffrage to those who
can read and write, operates uniform
ly upon both races, and upon those
formerly free or formerly bond, and
therefore is clearly not in violation of
the fifteenth amendment, but comes
directly within the rule laid down by
the court. If the proposed suffrage
amendment in North Carolina had
stopped here, there could have been
no question as to its constitutionality.
But there is another section which,
by an arbitrary provision, pretends to
attemnt to create a special privileged
ancestral class and to exempt them 1
from the operation of section 4. It is
as follows:
Section 5. No male person who was
on January 1, 1S67, or at any time
prior thereto, entitled to vote under
the laws of any State in the United
States wherein he then resided, and no
lineal descendant of any such, person,
shall be denied the right to register
and vote at any ejection in this State
by reason of his failure to. possess the
educational qualifications prescribed
in section 4 of this article: Provided,
He shall have registered in accordance
with,the terms of this section prior to
December 1, 1908."
The general assembly shall provide
for a permanent record of all persons
who register under this section on or
before November 1, 1908, and all such
persons slraJl be entitled to register
and vote at all elections by the people
In this State, unless disqualified under
i section 2 cf thi3 article: Provide!,
Such persons shall have paid their pell
tax as required by law.
Now, the question is this: Is this sec
tion (known as the "grandfather
clause") constitutional? It -provides
that a citizen who could vote on or toe-
fore January 1, 18G7, or whose fathers
j or' gran,dfathers were th
yctc ghall ue exempt fri
en. allowed to
from the pro
visions of section 4 and permitted to
vote, even though unable to read and
write, and therefore not possessing the
qualifications required of other voters.
New. does this provision operate
equally, impartially, and uniformly
upon both races and upon those form
erly free or formerly bond? If it does
not, as the Supreme Court says it must
to be constitutional, then clearly it is
unconstitutional and must fall.
THE SUPREME COUR1T RULES OF
CONSTRUCTION.
The advocates of this proposed
amendment "boast that its purpose U
to. disfranchise all illiterate blacks
while not disfranchising a single il
literate white man. Yet they claim
that they have so covered up their pur
pose in the wording of section 5 that
the Supreme Court of the. United .-dates
will be unable, from Its form, to de
tect its purpose and effect. Let us see
if this 13 true. We can best determine
what rule of construction and intepre
tation the. court would follow In con
siderlns such a provision! 'as tb pro
posed amendment by referring to the
decisions of the Supreme Court in
similar cases. These decisions (sense
of which I will cite in a few moments),
ehow that in considering questions
like the proposed amendment the court
would consider, first, the political his
tory of the times that called forth the
fifteenth amendment to the Conatttu-
tion ol the United State and section
5 of the proposed amendment In North
Carolina, and next the court would
consider the effect of section 5 o! the
ill
j natural and reasonable effect -would be
to dfcfvi TOV ,thA ruapjnttf gviintf 1io
iMiuiuduuu m me mieeuin amona
ment. I take It that no lawyer familiar
with the decisions of our Supreme
Court will question that this is a fair
and correct statement of the rule of
construction" and interpretation by
which the court has in (the past been
guided and. would, of course, be guided
in this and all similar cases.
AUTHORITIES CITED.
I cite the opinion of the court, ren
dered by Chkf Justice Marshall in the
I case cf Brown vs. Maryland (12 Whea
j ton), in support of my statement as to
j the rules of construction that the court
; adepts in such cases. .
Also the opinion of the court in the
j Dred Scott case, rendered by Chief Jus
i tice Taney, and, in addition, every r ;-
curring and dissenting opinion in that
case bear out this rule of construction,
In discussing the constitutionality
f Article IV, section 3, sub-section 2,
of the Constitution, the court in the
latter case said:
A lrief snmmnrv n.f the hicir-.rv nf
to the government and means of
knowledge warranted them in speak-
ing with authority
tory that surrounds the enactment of
the eleventh amendment to the Con
stitution. Chief Justice Cooley, the author of
Cooley's Constitutional Limitations, in
"
1'eople VS.
Harding (53 Michigan),
says:
In seeking for the real meaning of
ed, the general .spirit cf the times, and
the prevailing sentiment amcng the
people. Every constitution has a his
tory of its own, which is likely to be
more or less peculiar, and unless in
terpreted in the light of this history is
liable to express purposes which were
never in the minds cf the people when
agreeing to it. This the court must
keep in mind when called upon to in
terpret. Many more decisions to the same cf
feet can be cited, and none to the con.
trary, as far as I have been able to find,
to support the rule of construction and
interDrctation to the effect that the
couit would consider the political ire
tory cf the times, etc., in determining
the object of section 5 of the amend
ment.
as to me second ruie ut tuiisuuvuua
that the court will look to the effect
of section 5 when passing upon its con
Rtit.ntinnalitv. the authorities are
enuallv as abundant and conclusive.
In Parke vs. Press Company Judge
Campibell, one of Michigan's greatest
ti7rifre Tp.nderin-fir the oninion ol the
J (I 7
court, saiu:
But we do not think the State con-
trols the action or is within the power
Cf constitutional legislation. This will,
in mr inrlffment. anoear from a state-
munt nf lf offrt if e.arviftd out. I
Again, in Soon Hing vs.XJrowley (113
it s. Reoorts. nasie 03). the court
sa.vs:
And the rule is general with refer
ence to the enactments of all legisla
tive bodies, that the courts can not in
auire into the motives cf the legisla
tors in passing them, except as they
may be disclosed on the face of the
acts, or inferrible from their operation
considered with reference to the con
diticn cf the country and existing
legislation. The motives of the legis
lators considered as the purposes thej
hn-ri in view will alwavs be -presumed
to be to accomplish that which follow
as the natural and reasonable effect c
their enactments.
T it. -nossible for anything to be
clearer or more to the point and con
elusive than this opinion of the court
Again', in Minnesota vs. Barber (136
tt s Reports, nase 313). the court
says:
In whatever language a statute may
be framed, its purpose must be deter
mined ibv its natural and reasonabl
effect.
The United States Supreme Court
has universally followed the same rule
of construction. I will stop to quot
from but one more case
In Henderson vs. The Mayor (92 T
S. Reports) the court, using almost the
same language I havo quoted aDove
said :
In whatever language a statu t
might be framed, its purpose must be
determinsed by its natural ana reason
aible effect
So I take it that everyone will admit
that should section 5 of this proposed
amendment come before the court,
that the court would, of course, con
sider the hisitory that surrounds and
is so mingled with the fifteenth- amend
ment and section 5, and would also
consider "tho natural and reasonable
effect" of that section.
I repeat, Mr. President, that I do not
think there is a lawyer in this body or (
in the country that will question, that J
statement. Now, if that is true, and
it is true beyond question, then what
follows?
SECTION 5 CLEARLY. UNCONSTI
TUTIONAL. The court, following" these well-established
rules of construction, would
necessarily discover that section 5 wa
plainly obnoxious to the fifteenth
amendiment. The court would first in
quire, Why was the arbitrary date of
1867 adopted? Why not 1875 or 1880
or 1S99? The court would necessarily
have !to inoulre what class of citizens
could vote in 187 or prior thereto and
what class could not: whose gran
fathers could vote then and whose
grandfathers could not. The answer to
this question would bring sharply to
the attention of the court the fact that
all of that class of citizens who were
in servitude, and who, therefore, could
not vote in 1867, are discriminated
asrainst by being excluded from the
special privilege attempted to be con
ferred iby section 5 upon the class that
was not in. eryltude in 1867.
Mr. President, can there be any
shadow of a doubt as to what the de
cision- of the court would be when it
thus had plainly before it the fact that
the purpose and accessary effect of
section 5 ds' to establish an educational
qualification for every former slave or
descendant of a slave wmie expressly
removing this educational qualifica
tion, from practically all others? It was
to nrevent this very thing from -being
dona ' that the fifteenth amendment
proposed amendment and oe if i
was adopted. If section 5 of this pro
posed amendment is not in violation
of the fifteenth amendment to the
United States Constitution then it
seems to me that it would be Impos
sible to violate that amendment- Sec
tion 5, as worded, is just a3 unconsti
tutional as It it were worded as fol
Hows: Every male person who was a slave
or who is the descendant of a slave
thall not be allowed to vote unless he
can read and write, out all male per
sons who could vote ia 1807 or whose
fathers or grandfathers could vo.e
then shall not be required to submit to 4
any educational test.
Is there anyone w ho would contend
that this language -would be constitu
tional? Ceitainly not. But how does
this language differ from tection 5? in
form only; the purpose cf effect of both
are the same. When this same amend
ment was before the Louisiana conven
tion, Judge Coco opposed section 5 be
cause, he declared, it was clearly un
constitutional. He argued that, inas
much s in 1867 enly whites cou'd vfd.
the fifth section, as far as its con.-Lit.u-
icnility was concerned, might as well
read:
No person shall be denied the riht
to vote who on January 1, 1868, or anj
date prior thereto, was a white citizen
cf the State of Louisiana.
Continuing, he said:
To my mind the .section presents a
weak and transparent subterfuge, an
mmanly evasion cf the Constitution
of the United States, and on that
ground alone I could not give it mv i-
support.
This extract of the judged speech i-
aken from an article in the Harvard
Law Review of December, 1899, in
which iMr. Eaton ably reviews the pro
ceeds of the Louisiana constitutional
onvention.
Mr. President, it ii so well settled
that the constitutionality of a law u
to be determined net by its form but
by the effect of its operation that this
principle has become an established
axiom of constitutional law. Hence the !
legal maxim: "Nothing can be done
indirectly which can not be done
directly." I do not deem it necessary
to burden the Senate with further cita-
tions on 'this point, for there is not a
case in the United States Reports that
is not an authority to support this
position.
Then how can the court escape the
evitable conclusion that section 5 is
unconstitutional? Indeed,- unless tht
court should reverse all former decis
ions-it must so hold. No'thing can be
clearer: nothing can be more certain.
Mr. President, this completes my
argument as to the unconstitutionality
of section 5, and I would proceed at
once to discuss the other question, as
to whether ths amendment would fall
as a whole or only section 5 would fall,
were it net for the speeches made by
Senators on the c'ther side of this ques
tion. There have been, three of these
speeches, and I desire to call attention
briefly to each of them before proceed
ing to discuss the legal phases o the
other important question.
that .not an argument or a eitatioi
aiade by any of them controverts mj
position, yet I will refer briefly to the
few cases which, they cil&i and wh.ici
they claim as authority to the con
trary.
(To be continued in next issue.)
A NATION ON HORSEBACK.
Most of
the Boers Go Into
Two Steeds.
Battle with
One of the mysteries of tlie lirst part
of the campaign in South Africa was
the unexplained disappearance of a
Boer commando from a field as if it
had vanished into thin air. Julian
Ralph in the London Mail lias found
the explanation. He says: "It is won
derful how the formation of the coun
try aids and perhaps inspires the Boer
methods of warfare. You hav
beard how the burgher comes to the
battle with two horses, a poor one to
carry him to the light, and the liest
steed lie lias to be kept frosh until it is?
needed to carry him swiftly away.
Usually we have seen the Boers run
down the far sides of the koples they
have been defending, to find their
best lwrses knee-haltered. on the veldt,
and to mount and ride them away. At
Belmont, when a thousand or more
were In full flight, they all suddenly
disappeared in a mysterious way.
"We found that nil had ridden into
what they call a 'sluit,' which is broad
and deep enough to hide a cavalry regi
ment. In this gutter or ravine they
made their way to the next place of
rendezvous. On the island at Modder
River such a ravine or gutter exists.
It is 30 feet wide and 15 feet dvep. We
found its bottom covered with hay and
other fodder, and we knew that in it,
out of harm's way and yet close at
hand, they had kept their horses in
readiness for their retreat. .
"After every battle the veldt has
been dotted with Boer horses in conse
quence of this custom of bringing two
horses for each well-to-do man, and
in consequence of the loss of riders by
death and wounding. But both pre
vious battlefields combined showed no
such number of riderless horses as
Modder River. -There were literally
hundreds of them. I had lost mine in
the fight," but in the first half-hour of
the next morning I took, my choice of
four, and might have made my pick
from a hundred, saddled and bridled,
before I had gone over half the field."
A Boston letter to the School
Journal says that Edward Atkinson's
New England kitchen is proving to ue
of great service. Warm lunches are
now the rule in most of the schools
of the city. The materials are pre
parec at the kitchen on Tremonfc
street and are delivered in wagons.
Careful planning on the part of the
superintendent is necessary to-have
the food on hand at the right time
and in good condition. Only tho best
articles are used in the cooking and
the milk comes from a regularly in
spected farm. The bill of fare in
cludes such things as oyster broth,
milk cocoa, Bandwitches, graham roll",
corncake, custard, baked applep,"
cookies, and ; fruit. Everything is
Blrictly home made. - The food is sold
at a very moderate price, so that it is
a hungry child who needs to spend
more than ten cents a day. UOver in
Cambridge, however, at the Kinclge
Manuel Training School the young
laborers need a f nil dinner and this
the kitchen sends them at the rate of
two&ty-fir cents a head.
BOERS RE-ENFORCED.
fhey are Now Facing Poberts At
Osfon'e!fl
GATHERtD ABOUT 5,000 STRONG,
And lire Located Eight Miles East of
Paardeberg Roberts Able to Cope
With Them.
Ixmdon, by Cable. Ixrd Roberts, at
Osforkeln, six or eig'at miles eaU of
Paardeberg, faces tlhe re-formed Boer
army tram 5,000 to 6,000 strong. This
may be merely a corp3 of obiervat!on
ready to retire on prepared portions.
TVubtless it is receiving aceretlons
Lrm the late beseigers cf Ladysm th
and from other points. -Whatever the
force may be. Lord Roberts has ample
troops to cops with It. The Boer.s are
temporarily favored by a heavy raia
failing on th veldt and making the
grass improve. Lord Robecis ha3 sur
prised observers by the excellence of
Lis transport during the first advance,
and he is likely to do so again, al
though military men here think he
must wait for some days before going
much farther. The Boer3, presuma
bly, will use this delay for all it is
worth, pulling their resources tcgother.
Dr. Leyete gives out the opinion that
the British entry of" Bloemfonteln i
daily expected, as commandants Wt
wet and Delarey had been instructed
to retard 'the advance of Lcrd Robert
11Etil th concentration, under General
T.. . -
l- utc" aaumi",a,cu'
iNO adequate explanation Is yet mado
of the 50.000 re-inforcemenls that are
preparing for Lord Roberts. Such ex
planations as are advanced tentatively
suggest .either that the Cape Dutch
liave become more restive, or that the
(imperial government has a hint of for
eign suggestions as to the future
status of the allied republics.
The War Office has received the fol
lowing from General Buller:
"Ladysmith, Friday, March 2, 6.30
p. ox. I find the defeat of the Boers
more complete than I had dared to an
ticipate. The Whole district is com
pletely clear of them, and except at the
,top of Van Peener's pass, where several
wagons are visible, I can find r.o trace
of them". Their last train left Modder
sprutt station about 1 o'clock yester
day, and they then blew up the bridge.
They packed their -wagons six days
ago, moving them to the north of La
dysmith, so that we had no chance of
intercepting tutai; out. mey wave icit.
vast quantities of ammunition of all
sorts, herds, grass, camp and individu
al necessaries. They have got aw3y
wish all their guns except two."
Lord Roberts wires to the War Of
fice from Osfontein under date of
March 2, 4.15 p. m., as follows:
"I have just returned from paying
- Kimberley a hurried visit. I was much
gratified at finding the enthusiasm
among the Kimberley people regarding
! the care of the sick and wounded. All
the houses had been converted into hos
pitals and the men had been nude
most comfortable. I was struck with
the friendly manner in whtich the
wounded Boers and our men chatted
together upon the experiences of the
campaign. It delighted me to see cur
soldiers sharing their rations and bis
cuits with the Boer prisoners before
they' commenced their march for Mod
der Tiver. Some of the poor fellows
were very hungry after having been
starved in the laager."
Telegraphic Briefs.
Eleven universities, including Johns
Hopkins, have decided to maintain
uniformity of requirements for gradu
ate degrees.
Lord Roseberyhas severed his connec
tion with the Liberal party in England.
It is reported in New York that the
Tjeyland Line has absorbed the At
lantic Transport Company, of -which
Bernard M. Baker, of Baltimore, is
president.
F. T. F. Lovejoy, former secretary of
the Carnegie Steel Company, has
joined IL C. Frick in his suit against,
the company.
Ex-Mayor Hugh Grant has been ap
pointed receiver or the Thir-i Avenua
Street Railway of New York city.
Argument Begun.
Louisville, Ky., Special.- Argument
in the cases involving the title -to the
offices of Governor and Lieutenant
Governor was begun before Judge
Fields in the Circuit Court Friday.
Counsel for Governor Beckham, Presi
dent Pro Tem L. H. Carter and Gen
eral John B. Castleman, Democrats,
filed a demurrer and motion to strike
out the answer and reply to W. ' S.
Taylor and John Marshall, the Re
publican incumbents, after which an
order for argument was agreed upon,
and Attorney David W. Fairlelgb
opened for the Republicans.
Strike Ordered
Chicago, Special.. The executive-of
the International Association'of Ma
chinists has decided to call a general
trike of machinists in thia city, as a
Suit of failure to agree with the Chi
eo Association of Machinery, manu
facturers, on disputed question?. Presi
dent McConnel said that ii was pos
sible that the strike -would extend to
all the metal working organizations in
the country and would effect - Searly
500,000 men.
For Robbing the Kitr . ur.
AtlantaGa., Srpwrii. Soock,
Jr., an electrical contractor, wa3 ar
rested here for robbing the Kimball
House Friday morning, of about $1,500'
in currency and checks. When arrested
he said he bad been pilfering fcr four
years, and that one of his victims last
year was a bucket shop firm, from
which he secured several hundred dol
lars. -He was married one year ago
and recently returned from a trip . to
Paris. Soock was prominent in church
work, and admitted that he had beer,
leading a double life. He says he wa
drirea to stealing by necessity
Mckinley in new vote.
The President Makes An Address Be
fore the Ohio Society.
New York. Special. The Ohio so-
ciery or rew York held its Hth an-
our blessinga and our burdens and slill
Saturday night. William McKinley.
President of th United States, was
the guest of honor. More than 4
covers were laid.
Among those at the president table
were M. I. Southard, president of the
Ohio society of New York; Governor
Theodore Roosevelt. Governor George
K. Nash, ex-Gov. Levi P. Morton. Cor
nelius N. LIUs. Sen.itor Mark IUnna.
Lieut. Gov. Timothy L. Woodruff.
Judge Addison Brown. Gen. Wagner
B. Swayne. Gen. H. C. Corbin. 11. Clay
Evans. Gen. Thomas H. Hubbard,
Charles Dick. John Barrett. Tunis G.
Bergin and Julian T. Da vies.
The list of speaker on the pro
gramme was a folio.: President
MvU nley, Gov. George K. Nash of
Ohio, Solicitor Genfral of the United
State3 John A. Richard.. Lieut. Gov.
Timothy L. Woodruff HUd James H.
Hoyt. There were no fixed toasts, the
speakers having sublet allotted to
them as they were calld upon.
On the cover of the menu was a rep
resentation of a buckeye. Grouped on !
tnc cover were the portraits of six pres
idents, natives or Ohio Wm. Henrv
Harrison. Grant. Garfield. Hayes. Ben
jamin Harrison and William Mc
Kinley. President McKinley arose amid ap
plause. He said in part:
"Mr. Toastmaster and gentlemen: I
ppreclate your welcome and thank
you for this renewed expression of
good will. It has b'en some years
since I was your guest. Much has hap
pened In the meantime. We have had-l
our blessings sud our burdens and t-tll
have "both. We will soon have legis
lative assurance of the continuance of
the gold standard with which we
measure our exchanges, and we have
the open door in the far ea-t through
which to market our products. We are
neither in alliance nor antagonism nor
entanglement with any foreign power.
Dut on terms cf amity and cordiality
with all. We buy from all of them
and sell to all of them and our sales
exceeded our purchases in the past two
years by over one billion dollars. Mar
kets have been increased and mort
gages have been reduced. Interest has
fallen and wages has advanced. The
public debt is decreasing. The coun
try is well to do. Its peopie for the
most part are happy and contented.
They have good times and are on good
terms with the natives of the world.
There are unfortunately those among
us, tew m number. 1 am sure, who
seem to thrive best under bad timea
and who when good times overtake
them in the United Spates, feel con
strained to put up on bad terms with
ie rest of mankind. With thorn I can
have no sympathy. I would rather
give expression to what I believe to bo
ment of my countrymen, in the wih
not only for our peace and prosperity,
but for tthe peace and prosperity of all
the nations and people of the earth.
"After 33 years of unbroken peace
came an unavoidable war. Happily the
conclusion was quickly reached, with
out a suspicion of unworthy motive of
practice or purpose on our part an I
with fadeless honor to onr arms. I
cannot forget the quick response of
the people to the country's need and
the quarter of a million men who free
ly offered their lives it their country's
service. It was an Impressive spec
tacle of national strength. It demon
strated our mighty reserve power and
taught us that large standing armies
are unnecessary when every citizen is
a 'minute man,' ready to join the ranks
for national defense.
"Out of these recent events have
come to the United States grave trials
and responsibilities. As it was the na
tion's war, go are the results tho na
tion's problem. It3 solution rests
upon U3. It 13 too serious to stifie. It
is too earnest for repose. Nr phrase
or catchword can cancel the eaered ob
ligation it involves. No use of epi
thets, no aspersion of motives by those
wno quit win coiKriDute to tnat so
ber judgment o essential to right con
clusions. No political outcry can- ab
rogate our treaty of peace with Spain
or absolve U3 from Its solemn engage
ment. It is the people's question and
will be until its determination is writ
ten out in tneir enlightened verdict.
Wa must choose between manly dcina.
and base desertion. It will never be
the latter. It must be soberly Eettled
In justico and good conscience, and it
will be. Righteousness, which exal-
te'th a nation, must control In its eolu- i
tion. No great emergency has arisen
in this nation's hi3tory and progress
which has not been met by the sover
eign people with his capacity, with
ample rtrength and unflinching fidelb
ty to every honorable obligation.
The Lafayette Dollar.
Paris, By Cable. Mr. Robert J.
Thomas, secretary of the LaFayette
Monument coarmift.tee, as special com
missioner of the United States' repre
senting -President McKinley, and in his
name presented to President Ixrabet
Saturday morning the first of the La
Fayette dollars, which was enclosed
in a casket costing $1,000. The pre
sentation took place at the El)-see
palace. Mr. Thomas was accompanied
by the United States ambassador. Gen.
Horace Porter, who introduced him to
President Louhet and the presentation
of the dollar was then made by -Mr.
Thompson In a few appropriate e
marks.
Early War Predicted.
London, By Cable. The French
Situation i3 becoming more obviously
threatening, despite the Imminence of
the exhibition in which the, Frenrh
people are taking surprisingly luke
warm Interest. Hostility to England
has reached an intensity -which - is
gravely perilous. Sir Charles Dilke.
who is one of the coolest and keenest
observers, entertains, similar, appre
hensions, and prophecies of a war v. kh
En-gland by September are common in
Paris.
An Arctic Cxporer flissing
London. By Cable. Some anxiet
has been felt for the fits cf the young
Duke of Abruces, who started last sum
mer in the steamer Pclar &sr on an
expedition io the North Pole. King
Humbert, the uncle of the explorer.
wrote o Xaosen. who has replied that
he wili take another expedition to the
polar regions this season and make it
hl3 "business to find the Polar Suar. He
ha3 nct the least doubt of the safety
ana complete ruccess of the ' duke,
whose expedition ws almost the finest
equipped fcr the work that t--r u
forth. :
TOIOCCBOIT TBE COUNTRY.
The South.
The Virgin! Stste rVniocntlc con- .
Tent Ion to elect delegate to th n
UonaJ iVaocratie convention, will t
held In Norfolk on May 2.
Lycurirua U l-fila. tie wtiRhr ub
powder a:iaufa-tutfT of (Til-g. at
Okl !int Conu'ort, V.
It l reputed ml Moa:no!Qry. Ai .
that Genera! Wheekr. who U eircw!
borne sooa from the IUl!!pjlne. wr.l
announce hlnueif aB a cn d:date for tht
Dnocvrtic nomination for governor
of Alabama, snd will not. therefor. t
a candidate for rec(min4tcn to Con
grs from hi district, lie 1 a gw.
fivorite In Alahaau politically.
Detectives, with bloodhound, left
Chattanooga. Tenn . for Aetna Mine,
near Whiteside. Tenn.. wner a strtk
U in progress. I: is id thcr has be&
damaged by an explosion of giant piw
der and engine and engine boue haw
been blown up.
r Wake In Middleret . ountv. Va .
the boiler of the steam tui:i of Mer
chant and Hanson eiplodej. killing
Mr. George Steurer and tloiu!r In
juring his two sons. Mr. ilenry Gar
land, who was Ktanding by. had bit
fckull crushed and will hardly reoner.
Steurer was an ex-l"n!on veteran, form.
j etly of Illinois.
The North.
Mayor Jones, of Toledo. O . recently
the "golden rule" candidate for Gov
ernor. H said to have (nres'.nil
ambitions.
Rev. CharleM Palnierrtoa Ari-rua
wa Sunday consecrated Hihp C
adjirtor of the Eplwopil I:oeafe of
Chicag.i. III.
A terrific suow$;orm. a -coirpini'.!
by a forty-mile gale prevailed through
out Northern Ohio Saturday, seriously
blocking traffic.
Accueed by her Lusoand cf infideli
ty and locked out of her rooms. Mr.
Martha ritmeyer. 20 years old. drank
carbolic acid and died at New York.
Because recognition of their union
was refused 60'J machinists struck at
the works of Frarer and Chalmers and
of Crosby and Co., at Chicago. III.. Sat
urday. As a result of a e ret meeting at
Cincinnati, O., of the WouJenware As
sociation, It is said there will be an
other advance in prices of all wooden,
ware articles.
The Pern Biidg- Company, of Beav
er Falls. Pa.. wat th lnax w
$94,610, fcr the erection of a Vhip'fl'- !
ters fcuop at Norfolk Navy YarJ.
A wealthy farmer. Matthew LattL
mer, aged 72 years, was frozen to death
while walking a half mile to hi ham
near Elyrla, O.
The body of Henry Waterhotis-e. Jr..
Vpf .U-'y", I v1 !'' , x ...
ork during his honeymoon, has -ie.i
cremated, and the widow will take
home the ashes.
Although the American Magazine,
the official organ of the Daughters cf ;
the American Revolution, his not been '
a profitable venture, the fcoolety ha i
decided to continue It. with Mr. Elroy
M. Avery, of Cleveland. O.. as editor.
Herbert J. Willaid, of Somervilh.
Mass., whwe obituary was widely pub- I
l'shed in New England a couple of '
weeks ago, writes to the Dartmouth !
College papr that c appreciates thv
eulogistic notices, but he is still alive.
Forei.
Herr Ilg. King Menelik chief. ,
is in Marseilles, refutes the story that
the Kins is planning an antl-EnrJli
coup in Abyssinia,
Ritter von Jauner, of the Carl The
tre. Vienna, one cf the bett tbeatrlil
managers in Austria, his commirtel
euiclde with a revolver.
Young Mrs. Ada. William, murder
ess of her baby, says the "finds Lon
don prison life dull." and wasts the
officials to "expedite her execution."
Countess Dundonald. wife- of Duller'
cavalry general, has had a magnificent
avenue cf elm3 in Abergele, North
Wales, razej to spite an offending Dis
trict Council.
Lisr-ovrry of the mutilated buJy of
Thcmas M. Atkiun, a marine cf tb
Unittd Slates cruiser Pra'rle, la the
canal at Havre. irriiateK tha
f murdered and robbed by seaport thu 3.
At last accounts General Cronje ai '
Ctill at Paardeberg drift. Orange Fre-s '
State, holding out againet Ird
Roberts' British army.
An assassin in the etreets of Cara- ;
cas fired two Ineffective shots at Presl- :
dent Castro, of Venezula.
General Buller has gained a decisive
advantage by the capture of Pieter's ,
Hill, Natal, one of the strongest Bot ;
positions South of Ladysmith. but the ;
garrison is represented to be In cies-
perate straits and Buller has bard
fighting ahead.
. Miscellaneous.
The scene at the surrender cf Gen-
eral Cronje at Paardeburg. Orangs ,
Free State, Is described In dispatches. '
The house in which John Brown was "
born in Torrington, Conn., aad which
ba.3 been in a dilapidated condition and ;
occupied for some years -by a -poor ne
gro family, is to be purchased and pre- ,
served by a society organised for the ;
purpose.
The Ways and Means Republics a
members learned at the party caucus!
on the Puerto Rlcan Tariff bill that
the committee cannot rule the house,
A su-bcommiKee to amend the WU ws !
appointed and was in session moi of j
yesterday. It now seems certain the
bill in Its present form cannot .pais.
Marcus Daly attended the CLrrk In- f over tbe State who haTe to make their
vestigation. Contrary to expectation, mark. They ay the negro is an ln
fc was not called to the stand. John R. ' ferlor rate, but alter WS I? yoa boy
Toole was the only important witness. cannot read and write, be will o
Moustlgnor SbarretU has been In- ita w with that inferior
stalled at Havana as Bishop of Cuba. Eternal TigLence is price m
- : liberty, lo a eareks rnaaeat we can
Secrejtary Long has submitted a re- j 0 that which tbrooah log year we
quest-to batih houses for more officers ' cannot undo," Ke then alladed l th
and men for tie navy. i dlfficolties of the poor W on ,h
Another chapter in Lis report on the tum B a Jon while th
battle cf Santiago from the pen of ' town negro hai the advances 01
Captain Concas. Orvera's chief ol-' graded school, but that nnoer th-
Htiff. has een given to the ptsble.
through the Navy Department. framed iu unirawi
, uv- ' be on a level with tbe Ignorant xiegro
Puerto Ricans, according to dU- 1 apijcaUon of this dlsfranrtls
patches from San Juan., consider 'the j a- Act ln ejSbt short years,
proposed 25 per cent, tariff onjus. , conclusion he appealol to tbe au
- Emperor William, of Germany, nis ! cknee to tblak about this naestian.
conferred Utles on actors ln tbe Royal i and If they hal a reasonable
Theatre who pleased hlmin presea about the constitutionality of t
Ing "The Iron Trotn - measure that they should act on Uiat
, - 1 fioubt id TtXt atainit IU
til
mm
ai tin.
He Discusses the Proposed Consti
tutional Amendment in a Mis
terly ind Argumentive Ad
dress Before a Large
and Representative
Audence.
whytheTmTndment IS OB-
JECTI0NABLE TO WHITE
PEOPLE-
I! IHrr J a.lge lr ' Abr4
II), ! (.Ite the !(- faadtW
Y!utottie le Hrratl- )laage
ft he I rtor1 new feetl. I fee
l)at-r of the f at lri mt
the I'ropated Amlmrl.-
Mr let y ICtMratlI Jaallfirtlen
t m leoier lrtl of tbe r lte mf
m levfle ta ;oe'M 1 kfMirlirt.
?Je.al to tbe j;a:ar
Xe;on. X. C. Marm l.-Ou e
ter isy sna.or Pritchard fill J h.m a
txfttnttmnt at thW pi ire ta aJlr a
ers .n the j-.npwj oaftltuttoait
amend men'., la pi'.e tif tbe rata anl
sleet, meet dic.rceal!e wea'.ber. oei
fceaj and tin !er fot. tbre gktberej a
very large and represent Uc aud.en
wh'.rh tnor than .kel tbe court
houve. Tbe aul.enee wj eaaip '1
of rvn(k'.. Rpui5lrar. anJ IV-jwi
lists from the cun;y. with a sprink
ling from adjoining jiicu-a Many or
tbe biUvincM iu-n ot Newton e:e yrt -rr.t.
On jfiinJij un. W. II. lloaer ad.
drcted an &u.Lei.-e here tbi
amenlmeni. but hl.i arguments were
lUtened to In cold Utue without any
evidence of approval much lea ap
plause. Not i with Senator Irltcli
ard's sp3cch. lie bad cbi and txr-r
attention from the audlenre. and fre
quent mi refutation .f intetet anJ
approval.
Mr. PritrharJ htatej briefly tbe fart,
now familiar to all L have atudlcd
tbe question, that the propMe4 amend
ment la its fifth ectlon. is iu direct
violation of th fifteenth amendment
of the federal onUtution. He tltel
ex-Senator George P. B1 munis opin
ion to this effect. He qnot4 Chief
Justice Puller of tbe United State
Supreme court, to prove, that only the
fifth section would be declared uncon
tUtutloiul. if th amendment wer
ratified, and fhoael that the runktito
tlonal portion cf tae amendment ap-
!tbVItb
aate dUfranrhising
force to wbi.e men an to negrorn. Sen
ator Prltchard allud'd to tbe uew ac
tion Mr. Simmons ay the If gila.ur
I going to a!. to the amendment in
substance as follows:
Judge Bron, of the Superior cour..
now on the ben h. has bandfd down a
jJeHnion in advas'-e regarding
WU:..r. v t, t.ia J "ins'liKf
job and told Mr. .Simmub thai r
doomed unlet be can fix It up.
Simmons God knows I don't know
how I can fix It up. I've told them ao
many thing they won t telle an
thing more I say. Can't yun help ni
on I
Judge Brown Gh. yef. You Jut rf
the legUlature tn lntru t the Supn n,
Court thai section i 1 unconstitutional
and fcctlon I Is roast Ituticail. sal
that when It declarer ration i unron
ftltutlonal It mutt il3 derlare secta
4 unronMltutional.
This 1 T.'i!nf lh amecdinect t
tbe court with a "key" t- work It
with. "If I had a boy 10 years o',1."
ssid Mr. PriUbard. "and be 1.:1J
fcuggent such a thing as thu. I'd wblp
tbe ihlrt off of him. Trda was one :
the few tlzm la Us
peevb that Mr.
Prltchard provoked a langa at the ex
pense of the amendment tinkers. !'
the legislature paes an tiiu-onstltu
llonal law. he artded. the .Supreme
Court will say o and ni legV.itite
can prevent It. They racaot say to lb
Supreme Court cf tbe nation you U
clde It this way or do not deride It at
all. Why have they p.oeJ th'
new thing? Beaue we bsve raa(ht
p with tbrm. V.'e have exp'wed the x
trick. They want to fool tbe ptoy'e
once more.
A large part if Senilor Piit.-lird-address
was devoted to a very dirt
and instructive analysis of tbe pM tt
payment requliemc-nt cf the propose
amendment. The measure ieqalre
that tbe tax b paid beTcr Marth 1.
If the amendment were In forr no
to citizen could vcte next August r
next November If they VnooK to pn:
tbe election forward to tbe man whi
has not now pail his tax.
Senator Pritchard declared that tbi
poll tax provision was a bribe to cltl
tens to induce them rot to pay poll tax
and thereby lessen the srbool fund. 11
said: "We have on tbe Insolvent list
r 0,000 white uwn In the ?tat who will
be denied to rht to vote under thii
poll tax provision. !! asked if tb-s
sheriff of the county was i.TcW. as b
wished to know what percentage a the
citizens of Catawba county had no,
yet paid their taxes. Laur R
learned from tbe county records that
20 per cent, had cot yet paid in tin
township cf Newton it was nearer S-
pec cent. Twenty-three per rent, cf
the -white men cf the State ran neither
read nor write ani tbe educational re
quirements and th poll tax achemi
showed how sincerely tt promoter
of the amendment were protecting tbe
"poor and ignorant white man.
Senator Prltchard referred to Sens
tor Vance as being not only again Mr.
Simmons and hi mot bods, but as U
ing directly opposed to very soch
scheme of limiting suffrage, and show
A how his influence had defeated
W anca propuo "
.aid that acr since
l bare U
w,.vn,,
"f? c1 a2?.'?.t?S
said: "1 Had seme of the braJnest.
wealthiest and cnost Uflaentia! men all
mendmenC " wl. m
r
ll