Howell v. Pate
Supreme Court of Georgia
Quo warranto. Before Judge Holden. Warren superior court. January 4,1904. An election for mayor and five commissioners of Warrenton was held on December 9,1903. Upon the face of the returns, Pate et al. were elected by majorities of 20 to 22 votes.
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Quo warranto. Before Judge Holden. Warren superior court. January 4,1904. An election for mayor and five commissioners of Warrenton was held on December 9,1903. Upon the face of the returns, Pate et al. were elected by majorities of 20 to 22 votes. They assumed charge of the offices, and Howell et al., who were candidates at the election, presented their petition for leave to file an information in the nature of a writ of quo warranto,.on the ground that forty-five named persons of color, who were registered voters residing within the town, and who would have voted for the petitioners, were…
1Opinion of the CourtTurner, J.
1. The act of December 12, 1859, to incorporate the town of Warrenton (Acts of 1859, p. 210), was, in so far as it limited to white persons the right to vote in municipal elections held in that town, modified by the fifteenth amendment to the constitution of the United States (McCrary on Elec. (4th ed.) 31; 6 Am. & Eng. Enc. Daw (1st ed.), 260, note 4 ; 10 Am. & Eng. Enc. Law (2d ed.), 573), as well as by the provisions of article 2 of the constitution of this State, adopted and ratified in 1868, Code of 1873, § 5027 ; Civil Code, § 5737.
2. The exclusion, solely on account of color, of…
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