Speech #870172992

Barnes. reported in 65 Federal. second. 563. involves a decision of the Circuit Court of Appeals of the Fifth Circuit. The Supreme Court of the United States refused to grant certiorari to review that case. thus implying. in my judgment. that the Supreme Court of the United States thought the case had been correctly decided. In that case the petitioner alleged that the literacy test of the State of Louisiana violated the 14th and 15th amendments of the Constitution of the United States. He specifically attacked that portion of the literacy test of Louisiana which reads as follows: Said applicantThat is. the applicant for registrationshall also be able to read any clause In this constitution or the Constitution of the United States and give a reasonable interpretation thereof. The circuit court of appeals said: It is at once apparent that the clause of the State constitution which is under attack applies to all voters alike and denies to none of them the equal protection of the law. It does not undertake to deny or abridge the right of citizens of the United States to vote on account of race. color. or previous condition of servitude.