The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-06-20
LODGE AND THE GAG LAW
HE SAYS CONGRESS HAS THE
POWER TO ENACT 1T.

| He Also Declares Its Enaction a Ne
cessity - The Constitution and SUI
preme Court Decisions Quoted in
Support of the Legality of the Meas
ure.
| WASHINGTON, June Representative
Lodge, chairman of the committee on cleo
ton of President, Vice President and repre-
sentatives in congress- to-day submitted the
report of the committee upon the federal
election bill drafted in pursuance of the in
structons of the republican caucus. The
report first takes up the question as to the
power of congress to enact such legislation.
The language of section 4, article 1,
of the constitution, declaring that congress
may at any time by law make or alter the
regulations with regard to the election of
representatives in congress, it says, is so
plain that it would seem almost superfuous
| to enter into argument or discussion as to
| its meaning. If the words mean anything,
those words mean that the power of con-
| gress over the conduct of the election of
members of this body is absolute and CON-
plete.
EXCLUSIVE AND PARAMOUNT.
The constitution says that congress may
make all regulations with regard TO cleo
lions of representatives, and the power to
make regulations" thus conferred is in
terms exclusive and paramount. But out
of an abundance of caution the trainers of
| the constitution went further and added the
words ito alter;" that is, under the constitu-
ton, congress has power to assume complete
control of elections of its members and con-
duct them at such times and places and
through such officers and under such rules
as 1t may see fit. On the other hand, con-
gress may under this clause leave the en-
tire regulation of the election of representa-
tives to the states. or it may take
partial control of part of the necessary pro-
ceedure and leave what remains to the
states, or it may alter and amend the state
regulations and supervise and enforce their
execution.
CAN EXERCISE IT IN ANY DEGREE.
The report then quotes from the debates
In the constitutional convention of 1857 to
show that the power of congress
over the election of representatives is
not only paramount, but that it can be ex-
ercised to any degree from total control
downward, which congress may deem
wise; and also from opinions of the supreme
court in the Siebold and Marlborough cases.
In these cases the court holds that this
constitutional provision gives congress
power to interfere, either wholly or par
italy, in elections, and that the power of
| that under this clause congress had power
to treat state officers conducting elections as
officers of the United States, and to appoint
officers OF its own to act as police at the
polls for the purpose of protecting elections.
CAN'T BE ANY QUESTION.
In view of the language of the constitu-
tlon, OF It's Intentions as explained by its
trainers and of the full and elaborate de-
clslons OF the supreme court on every point
which could be involved therein, there can
be no need, says the report, for the commit
tee to offer further argument as to
the constitutional powers of con-
gress to pass such bill
as that reported. This bill is only a partial
exercise of the plenary power of congress in
regard to the election of representatives 1t
provides merely that the United States
shall watch over every stage of al election
which concerns the choice of member of
this body, shall give to all those proceedings
the utmost publicity, which, in this country,
is the surest safeguard of the rights of the
people, and shall by simple act of control,
If necessary, prevent the false certification
of member by any state officer or officers
who may be ready to violate the laws.
NEED AND EXPEDIENCY.
On the second point involved, the expe-
diency and need of such measure as this.
your committee do not feel that it is neces-
this report. They conceive that the fact
that in many districts of the country cleo
lions are tainted and their results perverted
by fraud, violence, .or,,corruptlon is too we'll
known to require in this report an eabora-
ton of the evidence. They believe it
to be also we'll known that whether
fraud, violence and corruption exist
to the degree which is generally
| supposed or not, there can be no doubt that
such is the popular belief. and that popular
confidence, which is the only guarantee of
| peaceful acceptance of the verdict of the
| ballot-box, has been seriously impaired in
| regard to congressional elections in many
| districts in the United States. The eyi-
| dence on these points, which has accumu-
lated during many years, can be
| more fifty examined in debate than in
| a report, if the House desires to enter upon
its discussion. Your committee deem it
| sufficient to say here that they believe that
! fraud, violence aud corruption exist to such
a degree, and that popular confidence has
been SO largely shaken in regard to
elections in many congressional districts,
that they have as little doubt
of the expediency of such measure as this
which they propose as they have of the full
| and absolute power of congress to enact
| legislation of this kind whenever the cir
cumstances seem, as they do now, impera-
lively to demand it.
ruDOTN nDoNf A nD.rHr