Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-11-11
SUNDAY ..... NOVEMBER II. 1888.
Contesting the Election OF Congress
men.

Contesung the Election OF Congress-
men.
The cock.and-bull story that The Republic
cans intend 10 apply 10 the Federal Judges
FOR an injunction to prevent the state Board
Of Canvsssets from c1nyas'ing the vote Tor
congressman In Virginia Is decidedly sen'a-
tional and totally absurd. The Constitution
on the United states makes the House OF
Representatives the sole Judge OF the cleo
1ion8 returns aud qualifications OF Its own
members. Notice how comprehensive that
language s.. n the state Board OF Can
Vassers ''return" any cAuddile ne elected
who was defeated the House OF Representa-
tive. will correct the error or wrong.
No Federal Judge has anything 10 do with
The returns o. election, for congressman. II
would Doe ile duty Of The House OF Repre-
senlaiiy,s 20 Imptach Judge HuGuEs' or
Judys paul, or Judge B0Np, II either o.
chem were 20 undertake 20 cnioin the Gov
ernor u Virginia from performing any duty
REQUIRED Of him Nv ibc laws Of the slate.
We quoted yesterday three sections Of the
United states Statutes al Large prescribing
the duties Of Federal deputy marshals and
Federal supervisors OF elections. IN all
these sections tbc language uumi'taklbly
shows That Congress does not pretend 10
claim any right 20 interfere i'm any mluner
with the election u presidential electors or
any other S.aiO officers, bat does claim tue
right, which The Constitution gives TO that
body. o. fixing the time, place, aud manner
az elrctlug members OF The House Of Repre-
sentative. 10 would be a mistake, however,
60 suppose That Congress thereby intended
bv Implication 10 authorize any Federal
court or any Federal officer u any name or
degree 10 interfere 10 contested elections for
congressman The Revised Statutes OF the
United States. section 2al1. expressly, or
raihcr by neccssary Implication, denies the
right 81 the Federal courts 10 interfere in
contests Of elections for congressman. We
quote from that section as iolloWs:
"scchon 2llo. Wherever any person Is
defeated or deprived Of bus election % any
Office. CrlW o,f'0r of Ire Hent ar J zee
Yre,d.lt, ErIre ci1tvc az Drl'g1'c W
(oH4rf,. or n'H.i'r ~ N'u'e IfJIht1'"if'
bv reason ~ tb. denial 90 any citizen who
2
count OF race, color, or previous condition
Of spr1iiude. hi, riahtto hold and cnlov such
office nu! the emoumcuts thereof shall not
Doe iurqir,d hv such denial And
ttc tucuit or District Court foi the United
eate,l shall Lll,. coucurrcuty villa The
State courts. jurisdiction thereof, SD Tar as
90 drtDmu, thc rights of Tho pIluc. tosuch
office bV reason ~ the denial 90 the right
guaranteed iy the fifteenth article Of amend
mcut Zoo The tou-titu Iou OF the United states
and secured herein
Notice the exception: " Except eleclor OF
President or Nioe-president, Representative
or Delegate no Congress, or member OF a
State Lceisnturc.' with contested elections
for thc,, Offices the Federal courts can have
nothing 10 do no matter on what the contest
Is based.
Even as 10 other offices than those except
cd, no amount Of fraud would give the Fed
eml courts Jurisdiction. They have iuriss
diction IN contested elections for all offices
not excepted. only when negro is denied
the rilht 10 vote because he Is negro. II
d. Is deuied the right t. vote because he
cannot read and write, or because he has not
rald hi. taxes. or because there was not time
Tor h,m u vote. or because he was brihed or
iuumiJaiel. the Federal courts have no iu-
Iisdltlion.
Notlco, too, that even in the cases where
The Federal courts have jurisdiction, they
have jurisdiction only concurrently with the
State courts; and therefore when the State
courts take jurisdiction the jurisdiction OF
the Federal courts is thereby ousted.
In the light Of these facts we think we
may dismiss the report that the Federal
courts are expected to enioin Governor LEE
and his associates from performing duty
required Of them by law.