The Bamberg herald. (Bamberg, S.C.) 1891-1972, August 26, 1920, Page 7, Image 7
m i m i m
WOMEN AND THE BALLOT.
How Suffrage Amendment Affect
South Carolina.
No amendment to theelection law
of South Carolina will be necessary ii
order to allow women to vote in th?
general election in November accord
ing to an opinion of Attorney Genera
Wolfe rendered Wednesday in re
sponse to an inquiry from Governo
Cooper. "The amendment (Anthony
will be adequate in itself to confer thi
right without the necessity of an en
abling act" says the attorney genera
in his opinion.
<"tv.o omor?ampnt when ratified an<
I LLC
duly so declared by the proper au
thorities will have the effect of simpl;
eliminating from section 3, article
of the South Carolina Constitution thi
word male and so enlarging the righ
of suffrage under our constitutiona
and statutory law as to include al
citizens possessing the requisit
qualifications, irrespective of sex" thi
opinion continues.
What action will be taken with re
gard to the primaries to be held thi
month is still problematical. Attor
ney General Wolfe was in St. Loui
yesterday and Assistant Attorne;
Morris C. Lumpkin said that no re
(quest for an opinion as regarded th<
primaries had been made. He antici
pated that such a request would b<
made within a few days.
It has been held by some that i
will be necessary to call a Democratii
in nrdpr to oDen the booki
VV/U AM V V.W. w ? - A
of enrollment, thus permitting wo
men to vote in the primaries. Other:
take the view, that the time for clos
ing the Democratic clug rolls has al
ready arrived and passed. The ques
tion of whether or not an amendmen
to the election laws of this stat<
would be necessary in case anothei
state ratified the Anthony amendmen
was raised some time ago by Thoma:
P. Cothran, chairman of the stat<
Democratic convention in a letter t(
Governor Cooper.
Mr. Wolfe's opinion directed t<
Governor Cooper, is as follows:
"Dear Sir:
"Replying to your inquiry r*lativ<
to the necessity for calling a specia
session of the ger- al assembly fo:
the purpose of obviating any dange:
of the invalidity of our electioh laws
or hazard to our electoral vote in th?
event of a ratification of the 19tl
/ amendment to the federal constitu
tion, I advise that under the authori
ty of Neal vs. Delaware, 103 U. S.
389; Ex Parte Varbrough 110 U. S.
651; and Guinn and Beal vs. Unitec
States, 238 U. S., 347, the propose(
amendment, when ratified and dul;
so declared by the proper authority
will have had the effect of simpl;
eliminating from section 3, article 1
of the South Carolina constitution
the word male, and so enlarging thi
right of suffrage under our constitu
tional and statutory law as to includi
all citizens' possessing the requisiti
qualifications, .irrespective of sex
Under the above cited authorities thi
amendment will be adequate in it
self to concur the right'Without th<
necessity of an enabling act.
/ "Proper provision, or course, mus
be afforded for registration. This cai
be done by such means as appear
most expedient in the circumstances.'
Chairman Cothran's Opinion.
Greenville, August 18.?That wo
men of South Carolina will be unabh
to vote in the Democratic primar;
August 31, but that women complying
with the registration laws can vote ii
the general election in November, wa
the statement today of Thomas P
Cothran, chairman of the state Demo
cratic executive committee and speak
er of the house of representatives
apropos of the ratification of the 19tl
amendment by the Tennessee legisla
ture.
In a statement tonight, Mr. Cothrai
expressed the opinion that it is nec
essary to call a special session of thi
legislature to make this state's elec
tion laws conform with the 19tl
amendment.
Speaking as chairman of the statexecutive
committee, Mr. Cothrai
said:
"The expediency of calling the con
vention together depends primaril;
upon its power to make provision fo
women to vote in the primary elec
tion, ordered for August 31. If thi
could be done either by providing fo
their enrollment or by postponing th<
election, I would do all in my powe
to give full efficacy to the adoptioi
of the 19th amendment. It must b<
remembered that the rules of th<
party are not only of conventiona
adoption, but of statutory enactment
The act of 191.") has enacted as par
of the statute law of the state th
rules which have been adopted by th
convention. The rules as adopted b
the convention can not abrogate o
amend the statute of the state.
Four Obstacles in Way.
i "There are four insuperable obsta
cles in the participation by women i:
the primary election of 1920.
t "1. The rules contemplated onl
PASSES CENTURY MARK.
Barnwell Negro Woman Lives One
s Hundred and Four Years.
- ^
Williston, Aug. 18.?Emily Mcs
Creary, the oldest negro and undoubt1
edly the oldest person in this section
e of the state, died Saturday morning
" at the age of 104 years.
* Aunt Emily was raised in this sec~
tion, and some men and women, now
r well advanced in years, were nursed
* by this faithful old servant. Up until
e three weeks ago she did her own
" work. She was the mother of four
1 children, all of whom with :he exception
of one son, ha^re preceded her
* to the grave.
<1 I > !?
y On to Jonesy.
2 ____
e "Jones," said the manager of a
t bank, "there'll be a vacancy at the
1 head office shortly, and I'm thinking
1 of nominating your twin brother for
3 the job."
a "My twin brother!" exclaimed
Jones. "But?"
"I mean the one I saw watching a
s ball game yesterday while you were
- at you aunt's funeral," said the mans
ager.
y "Oh?er?yes," said Jones. "I?
- remember! I?I'll go and get him!"
3 "Good!" said the manager. "And
- don't come back 'till you've found
3 him!"
t Emergency Enlistment.
c
s Two Stripes?"Di Ija hear that
_ Blinker signed up for overseas sers
vice again?"
Three Stripes?"Zatso? How long
. did he sign for?"
Two Stripes?"For the duration of
I prohibition."?The American Legion
5 Weekly.
r male citizens of the state. While the
* general rule of construction of statute
3 would require that words importing
5 the masculine gender should include
* the female, this rule could not be invoked
to include those not only con
5 templated but disqualified at the time |
of its adoption.
"2. The rules provide a limit of
3 time for the enrollment of voters.
* Rule 12 declares that the fourth
r Tuesday of July shall be the last day
r of enrollment and that the stub books
shall then close. This being a pro3
vision of the statute as well as of the
1 rules, it is inconceivable to me that
" the statute can be abrogated or
" amended by any action of the con?
vention.
? "3. The rules provide that after
* the rolls have been purged no name
* shall be added without the order of a
? judge. The purging of the rolls must
'? be accomplished within ten days prior
to the election. It will be done either
2 by Friday or Saturday of this week.
? The exception, by order of a judge,
e plainly refers to one whose legal right
" to be enrolled has been denied at a
B time when the timely application and
e the compliance with other conditions
* he had such right.
B "4. The time for holding the elec
tion is fixed by statute. That being
2 so it seems idle to argue that the
suggested action of the convention to
t postpone the date of the election
1 would be justified in the teeth of the
3 statute.
Does Not APply.
"I do not think that the 19th
amendment was intended or is applicable
to party primary elections, but
" if it should be so held, and the dis5
crimination against the female sex
contained in the rules should be abro=
gated, the other objections as to en1
rollment by a certain time and the
s date of the election, which provisions
are not discrimatory, will stand as
" insuperable barriers.
"These are expressed as my individual
opinion which will prevent the
1 exercise by me of my official preroga"
tive to convoke the committee to consider
the matter, which, however, may
1 be done under the rules by a certain
" proportion of the committee."
Speaking, not as chairman of the
' executive committee but merely as a
1 lawyer, Mr. Cothran gave this view
of the amendment:
"I do not think that this is at all
a necessary. The 19th amendment does
not confer upon women the right to
~ vote: it simply prohibits any discrimination
against them on account of
r their sex. This is a most material dis~
tinction. Any state law now existing
s or hereafter enacted, which violates
r omoTirlmont ic nP9"ntnrv Artv
" lilXO auXVUUUlWiV, * kj v- .
B election law which does not do this
r is still effective. The registration laws
1 of the state are not discriminatory
e and, therefore, stand.
B "These laws require a voter to be
1 registered, and the time now allowed
is the 6th, 7th and 8th days of Sept
tember. Any woman who complies
e with that law can vote. Those who do
e not or can not wijl under non-disy
criminatory registration laws of the
r state be deprived of the privilege. A
proclamation by the governor or instructions
by him to the supervisors
- of registration that women be permitn
ted to register, will, in my opinion
make our election laws conform to
7 the amendment."
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OADnill
UMIIUUI
rallie Woman's Tome ra
ft f Mrs. N. E. Vameiof fc ^
9 9 Hixson, Tenn., wntes: 9 9
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George Warren f
! States Sen:
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<& Graduate of Clemson College in Class of 1906
^ Member House of Representatives 1913 to 1916
Elected and Resigned as Circuit Judge 1916
^ Elected Solicitor 14th Qrcuit 1916
* ~ ^ 4 *" *- ^ i_l 2^ . <
Endorsed tor United States Senator by tne JL*emocratic
Conventions of Allendale, Jasper and Hampton
^ Counties in May, J920.
T
A Vote for Warren is a Vote f
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I I Farmers & Merchai
M 1 BHRHARDT, S. C.
m II Ill Bam? minii iw???
or United {
itor | I
An Old-Fashioned Democrat and V1
a Man of the People, as indicated ^
4y
by the enthusiastic reception with &
JL
which he is meeting throughout V
?;
South Carolina. jL
V
A
T .
ASK ANY ONE WHO KNOWS
mM .
?*
1 X
He believes in the doctrines of
Calhoun, is opposed to any further ^
centralization of power in ?he federal
government, is an advocate of &
tax reform and governmental eco- ?
nomy, and denounces as a traitor i
anyone who does not have at heart J
the best interests of farmers and ^
laboring men. ^
The Columbia Record Editorial- V
ly Says: "Among those who are ? Wf
candidates for the Senate in the &
Primary Campaign, The Record be- ^ ^
lieves that in the person of George
Warren, of Hampton County, the ?
fit.atp of South Carolina will have T
as a representative in the United ^
States Senate a man who has the
courage of his convictions, who &
will resist the dangerous tendency ^
of centralizing encroachments, who JjL
will, even in the face of lobbies and outside
influences of every sort, V
hold again aloft the standard of
States Rights which the weaklings &
and partisans of Congress have ^
? permitted to be trailed in the dust. X
.... Young, aggressive, indepen- %
dent, of clean and honorable rec- ^ v. f
ord, capable and ambitious, of dil- V
igent effort to attain the larger ^ % 72li
growth which the responsible and
honorable office of Senator would
open to him, we recommend him
to the careful scrutiny of the vot- ?
ers of South Carolina." ^
or State's Rights i, -M
111
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