The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-02-27
STATE RESTRICTIONS
Upon the Use of the Elective
Franchise.
IMPORTANT REPORTS ON THEM
The Democratic Doctrine-Idaho's Provisions
Against Mormons-The New State and
the Caesarian Operation.

WASHINGTON, Feb. 26.-The minority
members of the committee on judiciary
have prepared two vigorous reports in OPP
position to Houk's resolution, which was
ordered favorably reported to the House
directing the judiciary committee to in
quire into and report to the House whether
or not any state by any constitutional or
statuary provision has violated the second
section of the fourteenth amendment to the
constitution, SO that the proper apportion-
ment of representation may be made by
Congress. One minority report was pre-
pared by Oates, of Alabama, signed by
Oates, Culbertson, of Texas; Henderson,
of North Carolina; Wilson, of West Vir-
ginia, and Stewart, of Vermont, with
qualification. This report says the states
are not const:tutionally prohibited from
disfranching any of their male citi-
zens; it only prescribed a penalty
for such disfranchisement for any other
cause than that of participation in rebellion
or other crime; that representation in Con
gress from such state shall be reduced in
the same proportions which the persons dis
| franchiSed bear TO the whole number of
adult male citizens in such state. The
question was asked if the resolution, If re-
ported, can be adopted now! Can the
committee make an inquiry directly in the
absence of any legislation by Congress pro-
viding means of securing evidence to en-
able the committee to procure the neces-
sary proofs to warrant Congress in reduc
ing the representation of any state! The
committee assumes that some citizens in
Mississippi and Massachusetts are denied
the right to vote by the state constitutions
for some other reason than crime. This
may be true, but the minority cannot shut
their eyes to the fact that the constitution of
Mississippi has not yet been put into opera
ton and that there is no law applicable to
Massachusetts or any other state by which
the committee can legally and certainly
ascertain the number disfranchised for
Congress has never provided the means by
which this may be done. Prescriptions
are worthless in such grave matter.
Legal proofs must be had to a
reasonable certainty and until such
legislation is enacted it is utterly
futile to adopt such resolution for it can
not be complied with until Congress enacts
a law providing for the enumeration of the
number of persons disfranchised for crime
and for the number dlsfranchised for other
causes. 1t is impossible to comply with the
resolution if the resolution is literally con-
strued. The report says "Requiring
twelve months residence in a state and
registration as prerequisites to voting
would be cause for reducing its representa-
ton. But the report concluded, ''the
cardinal principle in our system of govern
ment is that the states shall each prescribe
the qualifications of it's electors. When
they ratified this article of the constitution
it cannot be assumed with any show of
reason that they intended to surrender this
right or to restrict their powers to the ex
tent such construction would maintain -
Rogers makes an individual minority re-
port, holding the hearing proceeded on two
false assumptions. First, that if the state
restricts the suffrage for cause, other than
rebellion or crime, it violates the fourteenth
amendment; and, second, that it is naces-
sary for some state to violate this amend.
ment, in order that a proper apporuonment
may be made. If the logic of the majority
has been followed of all the state constitu-
tions that most fiagrantly offensive is
, Idaho's, our little sister, brought into state.
hood by this Congress after long labor and
the successful performance by the speaker
of the Casarian operation, generally known
as counting quorum
Rogers draws attention to the Idaho pro
vision forbidding polygamists or Mormons
voting. Other states might be cited, but
the list is already so long, he says, as to
3 suggest an inquiry whether the whole
country is not rapidly growing weary OF
l tina fourteenth amendment altogether anc
people of the states should be left to self
government without officious outside in
reference.
, The majority report, prepared by Cas-
well, of Wisconsin, says: 1.-The committee
did not deem it necessary to examine tn,
various state constitutions, but the consti
tutions of Mississippi and Massachusetts
are clearly within the provisions of the sec
ond section of the fourteenth amendment
because eff their educational and property
requirements. The majority report says i
5 is not for them to discuss the wisdom O.
Q the fourteenth amendment, not to deter
: mine in what manner the number or pro
portion of inhabitants of any given stat
: who are DISTINGUISHED can be ascertained
s The sole question delegated to US wa.
0 whether the constitution or the law of an,
state should make reduction of it's repre-
: sentation by reason of suffrage restrictions
a The instances cited above show that tn
e resolution should pass SO thorough in
:. vestigation might be had"