The Evening critic., 1882-03-22
NEBRAsKA'S ADDITIONAL MEMBER.
MIR. CuIbcrson-s Favorable Report
Interesting Precedenss From Ala
hanna and California.


MIR. CuIbcrson's Favorable Report
Interesting Prrcedenss From Ala
bann and California.
MIR. Culreraon, In support OF hts proposition
to seat Mr. Majors as an additional member
FOR the Fortysevcnth Congress from the State
Of Nebraska, after citing the evidence and the
law upon which he bases his argument,
cites
The Following Preccdents;
In 1898 Congress passed an ACT that from the
Sd day OF March, 1923, the state OF Ala bama
should have three members OF the House OF
Representatives in the Congress OF the United
States, It appearing, from the returns Of the
Marshal OF Alabama deposited In the ofilce of
the Secretary OF State of the United states, that
the said State OF Alabama, at the passage OF tho
Apportionment act based upon the fourth cen
sus and approved March z, 1922, was entitled
to the number OF three Representatives. accord
ing to the population OF the said State and the
ratio established by said act. At the time when
the Apportionment act OF 1892, based on the
census OF 1890 was passed, all the returns
from Alabama had not been received, and
Only Two Members
were allotted to her. subsequently the de-
layed returns arrived, and when all the re-
turns had been received IL appeared from
them that Alabama only had n fraction OF
5000 over the requisite number for two mem
bers, but there were In that case, as In this,
complaints of failure to take actual enumer-
alton. Accordingly tho foregoing act was
Giving Alabama Three NIenbers.
The only proof before Congress of an imper-
perfect census In Alabama was a letter written
by the Governor of Alabama to n member of
the Judiciary Committee, stating the fact that
the marshal had omitted to enumerate the In
hahitants In two counties. There was no
proof or statement whatever as to the probable
number of the population in the two countles.
=" call" says Mr.. Culberson, the. foregoing
a very feeble case compared with that OF Ne
braska. In Nebraska nineteen counties were,
in fact, omitted, and over 100000 persons es.
capped the census taker; yet Alabama was
promptly relieved and properly so, while Ne
braska has been pleading In vain for relief for
nearly a legislative decade"
The next precedent arising from incomplete
Federal returns was that OF
California I'm 1852.
II appears that Congress had determined that
the House Of Representatives should consist of
233 members for the decennial legislative de-
cade commencing in March, 1858, and ending
When the returns from California were re.
ceived they did not show population sunlclent
FOR two members in the House, yet Congress
passed an act
Allowing Her Two Members.
The only evidence before the House at the
time, as the records Will show, upon which IL
rested the right TO discard the Federal returns,
consisted OF the census returns of Ave counties
taken by authority of the State after the Fede-
raj census was taken, which showed differ
encc between the two of $500, and letter
from the Marshal to a committee of the Legi5-
lature of the State, in which IL was stated that
the returns were incomplete and unreliable.
The last precedent referred to is tho case
of California in the Thirty-seventh, which
was the last Congress OF the decade between
1858 and 1858, and the Thirty-elehth, which
1863 and 1878. When the Thirty-Seventh
Congress assembled the
Three Members-eIect From CaIifor-
mia
presented their credentials. All of them had
been elected by the State at large; two of
them-those having the highest number of
votes-were seated without objection. There
were objections 10 swearing In Mr.. Lowe, and
his credentials were referred to the commit
tee. In May, 1869, the committee reported by
Mr.. Dawes that Mr.. Lowe not entitled to
his seat in the Thirty-seventh Congress- The
report was adopted by the House upon the
ground that the apportionment act did not en-
| title California to three members until the
| meeting of the Thirty-eighth Congress. There
| upon California set up an equitable claim to an
additional member Of the Thirty seventh
| Congress, upon the ground that the census OF
| 1850 was unreliable, and that the allow
ance of an additional member in 1852, upon
| proof Of the erroneous and imperfect census
of 1850, did not do full justice to the State.
On the 2d day of June, 1862, Congress passed
an act that, as the census had never been re-
liably taken in the State of California until
1SeO, and that it appeared that three Repre-
sentatives had been elected to the Thirty
seventh Congress under the supposition that
The State was entitled to the same, she be
Allowed Three Members.
So II Will be seon that Congress set aside the
census returns OF California and gave her an
additional member in 1852, upon proof that
the returns were erroneous.
When Congress rejected the credentials of
Mr.. Lowe, California shifted her claims
From a Legal to an Equitable Right
to an additional member upon the ground
that she had never had Justice under the CEN
sus of 1850. There was no new evidence. The
census of 1860 showed very great increase
of population over the census OF 1850, and
this was the only fact produced In ddition to
the evidence used in 1852 to get one addi-
tional member, and upon that state OF the case
Congress allowed the second additional mem
ber, and Mr.. Lowe was seated. The bill to
| seat him passed the House by a large majority
| and passed the Senate without objection. Mr..
| Culberson closes his report by saying:
1 ''The danger anticipated by the minority of
the committee from combinations of States TO
| increase their political power In the House by
| the passage of similar laws may be
| Greatly Lessened. Instead of IN
| creased,
by doing approximate Justice to all the States
in the distribution OF representation. There
\ is no better method by which to invite the
evils deprecated by the minority than for Con-
| gress TO refuse to do Justice when justice has
| been withheld"
RenuhIicau CamNafeu (omu,tttea