The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-27
On the Resolution to Inquire Into
the Restriction OF the
Suffrage.
Mississippi and Massachusetts, the
States Whose Laws Give
Rise Thereto.
Mr.. CIeveirs Confirmation Not Opposed
BY the Iong-Tsrm Fraud
Gold and silver.

WASHINGTON. Feb. 2.-The minority
members of tho committee III judiciary
have prepared two vigorous reports in op-
p~osition to the Houk resolution, which was
ordered favorably reported to the house,
directing the judiciary TO IN
ouire into aud report to the house whether
or not any state by any constitutional or
statutory provision had violated the second
ssction of the fourteenth To
the constitution, so that u proper appor-
tionmsnt Of representation may be made
bv congress. One minority report. pre-
pared by Oates. OF Alabama. was signed by
Oates, Cuibertson. of Texas, Henderson. OF
North Carolina, Wilson, OF West Virginia,
and Stewart, OF Virginia. with quaiihca-
ton. This report says the states are
not constitutionally prohibited from
di~sfranchisirg any OF their male
citizens; it only prescribes the penalty
for such Acknowledgement. for any other
cause than that of participation in
rebellion or other crime, that representa-
ton from such state shall be reduced in the
proportion in which the persons disfran-
chissd bear to the whole numbe of adult
male citizens in snch state. The question
10 asked II the resolution reported be
adopted, 'how can the make
inquiry directly III the nbsence OF any legis-
lation by congress providing the means OF
securing the evidence to enable the COM
mittee 10 procure necessary proofs to war
rant congress in reducing the representa-
ton OF any state?' Ths committee as
sumo that some citizens OF Mississippi
and Massachusetts are denied the
right to vote by state constitutions for some
other reason than crime. This may bs true.
The minority can not shut their eyes to the
fact that the constitution Of Mississippi has
not gone into operation and that there Is
Law applicable TO Massachusetts or any
other sfate. by which the committee can
legally and certainly ascertain the number
disfrapchised, for congress has never pro
yided the means BY which this Inay be
Presumptions are worthless III such q grave
matter. Legal proofs must be had to a
reasonable certainty and until such 'egisiA-
ton 10 enacted ii is utterly futile TO adopt
such a resolution, for it cannot be complied
with, and until congress enacts a Ia" pro
vidinR for the enumeration Of the number
of persons d~isfranchised for crime and
for the nnmbcr DISTINGUISHED for other
causes it will be impossible to comply Win
the resolution. If it is to be literally con-
strued. the report says. the requiring of
twelve months residence IN a state and
registration rs a prerequisite to voting
wouId be cause for reducing it's Representa-
ton. But" the report concludes, "a car
dinal principle in our system OF govern
ment 10 that tbs states shall each prescribe
the qualifications of its electors. When
tbev ratified this article of the coDstitu-
ton il cannot he assumed with any show OF
reason that they ntendsd TO surrender this
right or to restrict their powers to the ex-
tent that such construction would main
tain.
Rogers makes an individual minority re-
port, holding that the hearing proceeded
on two false assumptions: First, that II
the state restricts suffrage for cause other
than rebellion or crime, it violates the four
teenth amendment, and, second. that IT ~
necessary for some states to violate this
amendment, in order that a proper appor-
tionment may be made. If the logic of the
majority be followed, of all state constitu-
lions that most dsgrantly offensive is
Idsho's, our little sister, brought into
statehood BY this congress after long labor
and successful performance by the speaker
of the Cesarian operation. generally known
as counting a quorum" Rogers draws
attention to the Idaho provision forblddIng
p~oIygsmists or MormOn6 to vote. Other
states might be cited. but the list ID already
SO long. he says, as to suggest the inquiry
whether the who'e country II not rapidly
growing weary of the fourteenth amend
ment altogether. and becoming imbued
with the idea that the people of the states
should be left to ssif-goyernrnent without
~officious outside interference.
The msjorIty report, prepared By Cas
we'll. Of Wisconsin. says the committee did
not deem it necessary to examine various
state constitutions. but the constitutions OF
Mississippi and Massachusetts are clearly
within the provisions of the second section
of the fourteenth amendment, because
of their educational and property require
iEents. The majority says it is not fol-
the,a to discuss the wisdom Of the four.
teenth amendment, nor to determine in
what manner the number or proportion OF
inhabitants of any given state who are dis.
franchised can be ascertaIned. THE sole
question delegated to US was whether ths
constitution or laws Of any state sboulG
make n reduction Of it's representation b.,
reason of suffrage restrictions. The in
stances cited above that the resolution
should pass. so a thorough investigation
might be had"