guinn argued october decided june joseph bailey stuart cruce ledbetter norman haskell hornor frank guinn beal solicitor general davis john burford john embry permission attorney general support government position moorfield storey national association advancement colored people adriaans amicus curioe chief justice white delivered opinion case us certificate drawn basis two questions submitted solution order enable correctly decide issues case consideration issues arose indictment conviction certain election officers state oklahoma plaintiffs error crime conspired unlawfully wilfully fraudulently deprive certain negro citizens account race color right vote general election held state entitled vote state law right secured amendment constitution prosecution directly concerned revised statutes penal code stat chap comp stat follows two persons conspire injure oppress threaten intimidate citizen free exercise enjoyment right privilege secured constitution laws exercised two persons go disguise highway premises another intent prevent hinder free exercise enjoyment right privilege secured shall fined five thousand dollars imprisoned ten years shall moreover thereafter ineligible office place honor profit trust created constitution laws concentrate state certificate matters deem essential dispose questions asked suffrage oklahoma regulated article constitution state admitted union shortly admission submitted amendment constitution making radical change article adopted prior november election members congress followed adoption amendment certain election officers enforcing provisions refused allow certain negro citizens vote clearly entitled vote provision constitution state admitted amendment equally clear entitled vote provision suffrage amendment amendment governed persons excluded based claim right vote upon original constitution upon assertion suffrage amendment void conflict prohibitions amendment therefore afforded basis denying right guaranteed protected amendment upon assumption claim justified election officers violated amendment denying right vote prosecution said commenced trial instructed amendment prohibited discriminating suffrage race color previous condition servitude congress pursuance authority conferred upon terms amendment enforce provisions enacted following rev stat comp stat citizens otherwise qualified law vote election people state territory district municipality territorial subdivision shall entitled allowed vote elections without distinction race color previous condition servitude constitution law custom usage regulation state territory authority contrary notwithstanding instructed follows state amendment imposes test reading writing section state constitution condition voting persons prior january entitled vote form government residents foreign nation lineal descendant person valid may consider far good faith relied acted upon defendants ascertaining intent motive believe evidence defendants formed common design cooperated denying colored voters union township precinct entitled vote privilege voting due mistaken belief sincerely entertained defendants qualifications voters motive actuating defendants honest simply erred conception duty criminal intent requisite guilt wanting convicted hand knew believed colored persons entitled vote purpose unfairly fraudulently deny right suffrage entitled thereto account race color purpose corrupt one shielded official positions questions asks amendment constitution oklahoma heretofore set forth valid amendment void far attempted debar right privilege voting qualified candidate member congress oklahoma unless able read write section constitution oklahoma negro citizens otherwise qualified vote qualified candidate member congress state none whose lineal ancesters entitled vote form government january time prior thereto slaves questions obviously relate provisions concerning suffrage original constitution amendment provisions form basis controversy state text original clause far material qualified electors state shall male citizens male citizens state male persons indian descent native age years resided state one year county six months election precinct thirty days next preceding election elector offers vote amendment person shall registered elector state allowed vote election held herein unless able read write section constitution state oklahoma person january time prior thereto entitled vote form government time resided foreign nation lineal descendant person shall denied right register vote inability read write sections constitution precinct election inspectors charge registration electors shall enforce provisions section time registration provided registration required registration dispensed provisions section shall enforced precinct election officers electors apply ballots vote considering questions light text suffrage amendment apparent twofold twofold character provisions suffrage amendment contains first question concerned provision amendment fixes standard right vote given upon conditions existing january relieves coming within standard standard based literacy test established provision amendment second question asks validity literacy test far intrinsically valid continue exist operative event standard based upon january held illegal violative amendment avoid tht unnecessary let us consider sift propositions one hand plaintiffs error order reach precision real final question considered insists provision amendment fixes standard based upon january repugnant prohibitions th amendment substance effect provision express certainly open repudiation amendment hence provision question stricken nullity inception force amendment result power tll subsequent times devoid vitality whatever plaintiffs error hand said power fix standards suffrage power taken away amendment limited extent prohibitions amendment established true standard fixed terms make discrimination account race color previous condition servitude since whether negro white come within requirements enjoy privilege voting ground upon rest contention provision violates amendment insisted must case unless intended expressly deny state right provide standard suffrage equivalent thereto assert judgment state exercised exertion power subject federal judicial review supervision may questioned brought within prohibitions amendment attributing legislative authority occult motive violate amendment assuming exercise otherwise lawful power may invalidated conclusions concerning operation practical execution resulting discrimination arising therefrom albeit discrimination expressed standard fixed fairly implied simply arose inequalities naturally inhering must come within standard order enjoy right vote hand denies relevancy contentions says state power provide suffrage disputed although course authority amendment limit power imposes insisted upon hence assertion denying right state exert judgment discretion fixing qualification suffrage advanced right question motive state establishing standard subjects circumstances review supervise relied upon power destroy otherwise valid exertion authority upon mere ultimate operation power exercised asserted applying principles case hand argument government substance says question raised government concerning validity literacy test provided amendment consideration independent standard since conclusion plain test rests exercise state judgment therefore assailed either disregarding state power judge subject testing motive enacting provision real question involved argument government insists repugnancy standard amendment makes based upon conditions existing january face inherently considering substance things standard mere denial restrictions imposed prohibitions amendment necessary result perpetuates conditions amendment intended destroy urged legitimate discretion entered fixing standard involved determination directly set naught indirection avoid commands amendment insisted nothing contrary propositions involved contention government standard suffrage amendment fixes based upon conditions existing january found void reasons urged literacy test also void since contention rests upon assertion part government abstract repugnancy literacy test prohibitions amendment upon relation test formulated suffrage amendment inevitable result deemed must follow holding void declared looking comprehensively contentions parties plaintly results conflict much narrower seem premise arguments plaintiffs error attribute propositions denied face things clear disclaims gloss put upon contentions limiting propositions hitherto pointed since rests contentions makes assailed provision suffrage amendment solely upon ground involves unmistakable although may somewhat disguised refusal give effect prohibitions amendment creating standard repeated calls life conditions amendment adopted destroy destroyed questions giving propositions government interpretation government puts upon assuming suffrage provision significance government assumes provision matter law repugnant amendment leads us course consider operation effect amendment yes assailed amendment far fixes standard voting january meaning government attributes leads us analyze interpret provision amendment investigation two prior subjects establishes standard fixed january void effect conclusion upon literacy standard otherwise established amendment involves determining whether standard legal may survive recognition fact standard never legal existence let us consider subjects separate headings operation effect amendment text right citizens vote shall denied abridged state account race color previous condition servitude congress shall power enforce article appropriate legislation beyond doubt amendment take away state governments general sense power suffrage belonged governments beginning without possession power whole fabric upon division state national authority constitution organization governments rest without support authority nation state fall ground fact command amendment recognizes possession general power state since amendment seeks regulate exercise particular subject deals equally beyond possibility question amendment express terms restricts power abridge deny right citizen vote account race color previous condition servitude restriction coincident power prevents exertion disregard command amendment true true also amendment change modify deprive full power suffrage except course subject amendment deals extent obedience command necessary thus authority suffrage possess limitation amendment imposes ordinate one may destroy without bringing destruction true sense therefore amendment gives right suffrage long ago recognized operation prohibition might measurably effect say command amendment reached without legislative action conditions discrimination aimed result might arise consequence striking discrimination clause right suffrage enjoyed reason generic character provision remain discrimination stricken ex parte yarbrough ed sup neal delaware ed familiar illustration doctrine resulted effect adoption amendment state constitutions time adoption amendment right suffrage conferred white male citizens since inherent power amendment word disappeared therefore male citizens without discrimination account race color previous condition servitude came generic grant suffrage made state principles us room serious dispute concerning repugnancy standard based upon january date preceded adoption amendment suffrage provision fixing standard susceptible significance government attributes indeed seems escape conclusion hold even possibility dispute subject declare amendment power recognized beginning provisions wholly inoperative susceptible rendered inapplicable mere forms expression embodying exercise judgment resting upon discernible reason purpose disregard prohibitions amendment creating standard voting face substance revitalization conditions prevailed past destroyed force amendment standard january fixed suffrage amendment significance inquiry course amendment particular standard heading embraces involve mere refusal comply commands amendment previously stated leads us purpose analysis recur text suffrage amendment opening sentence fixes literacy standard allinclusive since general expression contains word discrimination account race color reason however immediately followed provisions creating standard based upon condition existing january carving coming standard inclusion literacy test controlled exclusion thus expressly provided provision person january time prior thereto entitled vote form government time resided foreign nation lineal descendant person shall denied right register vote inability read write sections constitution difficulty finding words clearly demonstrate conviction entertain standard characteristics government attributes mere statement text true contains express words exclusion standard establishes person account race color previous condition servitude prohibited amendment standard inherently brings result existence since based purely upon period time enactment amendment makes period controlling dominant test right suffrage words seek vain ground sustain interpretation provision recurring conditions existing amendment adopted continuance amendment prohibited proposed substance effect lifting conditions period time amendment make basis right suffrage conferred direct positive disregard amendment result opinion demonstrated considering whether possible discover basis reason standard thus fixed purpose stated say unable discover unless prohibitions amendment considered slightest reason afforded basing classification upon period time prior amendment certainly said peculiar necromancy time named engendered attributes affecting qualification vote exist another different period unless amendment view considerations establish standard fixed basis test void enable us reply even first question asked since must consider literacy standard established suffrage amendment possibility surviving determination fact standard never took life since void beginning operation upon prohibitions amendment brings us last heading determination validity literacy test possibility surviving disappearance standard associated suffrage amendment time need spent question validity literacy test considered alone since seen establishment exercise state lawful power vested subject supervision indeed validity admitted whether test connected one relating situation january invalidity latter requires rejection former really question state law absence decision subject state must determine opinion neither forms classification methods enumeration made basis striking provision independently legal therefore lawfully enacted removal illegal provision legal provision provisions may associated state hold rule thus strongly opinion subject like one consideration involving establishment right whose exercise lies basis government much exacting standard required ordinarily obtain influence declared unconstitutionality one provision statute upon another constitutional provision required fixed course rigorous rule imperative duty violate mean applies case expressly appears contrary conclusion must reached plain letter necessary intendment provision consideration compels result rendered necessary follow contrary course give rise extreme anomalous situation cause impossible conclude upon hypothesis whatever within mind power general rule govern case controlled one exceptional conditions stated remaining question decided coming solve opinion consideration text suffrage amendment far deals literacy test extent creates standard based upon conditions existing january case taken general rule brought first exceptions stated say opinion language suffrage amendment expresses implication forms classification order made direct positive language command persons embraced standard conditions subjected literacy test command virtually set naught obliteration one standard force amendment standard held continue force reasons previously stated dispose case make plain duty answer first question second yes direct entry order effect come briefly dispose issue consideration hitherto postponed desire break continuity discussion general important subject us various forms statement challenging instructions given trial concretely considered concerning liability election officers official conduct insisted connection instructions jury charged suffrage amendment unconstitutional repugnancy amendment therefore taken whole charge erroneous opinion contention without merit especially view doctrine long since settled concerning power amendment held nature character suffrage amendment question contention concerning inapplicability revised statutes penal code repeal implication fully answered ruling day made mosley ed sup answer first question second question yes certified justice mcreynolds took part consideration decision case