Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-02-27
Directing the Judiciary Committee 10
Inquire into the suffrage RestrIc.
iions Of States
OPPOSED nv a misoRlry IN rnu
COMMITTEE.
two VIGOROUS REPORTS.


into bisf'anchi-emcnt by states.
WAsiuNuIUN, Feb. 99.--rhe minof.
NY members Of the Committee on the
judiciary have prepared two vigorous
reports IN opposition 10 the HOuk
resolution, which was ordered favor.
ably reported 10 the House, directing
Tho Judiciary Committee TO inqulf.
into and report 10 the HOUSE whether
or not any State. by any constitutional
or statutory provision, has violated the
second section Of the Fourteenth
Amendment 10 the Constitution, 20
that n proper apportlonm.nt OF repre-.
sentauvcs mpy he made by Congress.
One minority report IL prepared by
Oates, ~ Alabama. and signed Nv
Oates, Culbcfts0n, Of Texas. H,nier.
sou, Of North Carolina, Wilson. ~
Weti Virginia, and Stewart. Of Yer.
mont. This report says the States are
not cons,iiuiionslly prohibited from
DISTINGUISHING any Of their male citi-
kens. IL Is only prescribed M a pcnal-
" for such dlsfmnchlscmcnt, for any
other cause than that of participation
Ia rebellion or other crinc, that the
approximation In Congress from such
state shall nc reduced In the proper.
ton which the persona disfranchiscd
bear 10 the whole number OF adult
male citi1ens insuch State.
The question j. asked, n tho resolu.
tlon ~ adopted he adopted now, can
the committee make Inquiry directly,
IN the absence Of any legislation by
Congress providing the means Of secur.
Ing evidence to enable the committee
TO procure the necessary proofs 10 war.
mnt Congress In reducing the repre-.
seniatlon Of any SAtef The committee
assume that some citizens In Mississippi
aud Massachusetts, ar. denied the right
TO vote by the State Constitutions for
some other reason than crime. This
may he true, but the minority cannot
shut their eye 10 the fact that the Con.
s,itution " Mississippi has not ye, been
lai. into operation aud that there IA no
law applicable 10 Massachusetts or any
other State by which the committee
can legally and certainly ascertain the
number disfranchlsed, for Congress
las never provided means by which
this may lie done. Prescriptions
are worthless In such n grave
matter. Legal proofs must lie had 10
a fonaonable certainty, and until such
legislation Il enacted Ii IL utterly ii-
tile TO adopt such n resolution, for II
cannot be complied with. Until Con.
gr,ss cnaet- law providing tor cnum.
Grafton Of the number OF persons dis.
! fmnchis-d Tor crime ard for the mum.
l.r disfmnchltcd for other causes II
would bc impossible 10 comply with
/ tie resolution.
II the resolution be literally con.
slrucd, the report says, requiring
twelve months residence In n State,
and registration IN a prerequisite 10
voting would bc n cause for reducing It's
representation.
"But" tho report concluded, "the
cardinal pflncipl, In our system Of gov
cfnment II that the staies shall each
prescribe thc qualifications Of its cleo.
tors. When they ratified this article
Of the Constitution II cannot be as
sumed with any show Of reason that
they intended 10 surrender this right
or 10 restrict their powers u thv extent
that such n construction would main
tain"
Rogers makes an Individual min
GRITTY report, holding that tho hearing
proceeded on two false assumptions.
| First, that " q State restricts suffrage
4
| II violates the Fourteenth Amendment,
and, second, that II Is necessary for
some state 10 violate this amendment
Ia order that n proper apporti0nneni
may be made. If the logic OF the
majority had been followed, ~ all the
STATE constitutions that most iiagrantly
offensive Is tdahO'-, our little sister,
brought Into Statehood Ly this Con.
gress, after long labor and successful
performance by the Speaker Of the
Cmarlan operation, generally known
M "counting u quorum" lsoger'
draws attention 10 the Idaho provision
forhlddlng polygamists or M6rm0ns "a
vote. Other States might be cited, but
III. list IL already NJ long, he says, al
10 suggest inquiry rs TO whether the
whole country Is not rapldiy growing
weary " the Fourteenth Amendment
altogether, becoming imbucd with the
idea that the people Of tho States
should be LEFT 10 self.government,
without oiilcious outside interference.
The majority report, prepared by
Caswell Of Wisconsin, says the com.
mittee did not deem II necessary 10 ex.
anime the various state coptltntions,
but the constitutions Of Mississippi aud
Massachusetts are clearly within IN,
provisions Of tho second section OF III,
fourteenth Amendment, because OF
their educational and property require
ments.
The majority says II IL not for them
TO Discuss tho wisdom OF the Fourteenth
Amendment, nor To determine IN what
manner the number or proportion OF
the Inhabitants OF any given State whl
are DISTINGUISHED can DO asccrtained'
"rhe sole question delegated 10 Va was
whether the constitutional laws OF any
State should make reduction OF IL
representation by reason ofsunIage TO
stflctlons. Tho instances cited above
show that the resolution Should pass
20 u thorough investigation might be
had.
Nov ,he Pcnnss I,Rnia Company Will
seitic the Trouble.