The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-02-27
A MINORITY REPORT.
The DiSfranGhiSement Of Citiz3nS BY Ger.
tain State Constitutions.

WASHINGTON. Feb &c. - The minority
members of the Committee on Judiciary
nave prepared two vigorous reports in op-
position to the House regulation which
ordered favorably reported to the House the
resolution directing the Judiciary Commit
Tee to Inquire into and report to the House
whether or not any State has, by any con-
stltutonai or statutory provision, violated
the second section of the fourteenth amend
ment to the Federal Constitution, so that
the proper apportionment of representation
may be made by Congress.
One minority report, prepared by Oates OF
Alabama, was signed by Oates, Culbertson
of Texas, Henderson of North Carolina,
Wilson of West Virginia and Stewart of
Vermont with qualification. This report
says that while States are not constitutions
ally prohibited from DISTINGUISHING any of
their male citizens, it is only prescribed as a
penalty for such diSfranchisement for any
other cause than that of participation in
in Congress from such State shall be reduced
IN the proportion which the persons dis
tranchlsed bear to tine whole number of
adult males in such State.
The question is asked if the resolution re-
ported be adopted how can the committee
make inquiry directly in the absence of any
legislation by Congress providing the means
OF securing evidence to enable the commit
tee TO procure the necessary proofs to war
rant Congress IN reducing the representa-
tiOn OF any State? The committee assumes
that some of the citizeps in AIississit,pi-
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 come into operation, and that there
is no law applicable to Massachusetts or any
other State by which the committee can
laFr
OF those disfranchised, for Congress has
never provided the means by which this
may be done.
Prescriptions are worthless in such a
grave matter. Legal proofs must be had to
a reasonable certainty. and until such legis-
lation is enacted it is utterly futile to adopt
such resolution, for it cannot be complied
with. Until Congress enacts Il law provid-
ing Tor the enumeration Of the number of
persons disfranchised for crime and for the
number dsfranchiSed for other causes, it is
impossible to comply with the resolution.
Ii the resolution is literally construed, the
report says the requiring of twelve months
residence In State and registration as
prerequisite to voting would be cause for re-
ducing its representation; but" the report
concludes, "the cardinal principle in our
system of government is that the States
shall each prescribe the qualifications of
electors. When they ratified this article of
the Constitution X cannot be assumed with
surrender this right or W restrict their
power to the extent that such construction
would maintain"
Rogers makes an individual minority re-
port holding that the hearing proceeded
on two false assumptions: First, that IL q
State restricts suffrage for a cause other
than rebellion or crime it violates the four
teenth amendment and, second, that lis
necessary Tor some States to violate this
amendment in order that the proper appor-
uOnmPnt NAV he made. If the fOUic of tho
majority be followed, of all the State Cou-
sttutions that is most fiagrantiy offensive
is Idaho's, our little sister, brought into
statehood by this Congress after long labor
and the successful performance by the
Speaker of the Gesarian operation generally
| known as counting quorum"
Rogers draws attention to IdahO's pro-
| vision forbiddlng polygamistS or Mormons
voting. Other States might be cited. but
the list is already long, he says, as to
suggest the inquiry whether the whole cOun-
try is not rapidly growing weary of the
fourteenth amendment altogether and be-
coming lmbued with the idea that the people
of the several States should be left to self
government without officious outside inter-
ference.
The majority report. prepared by CasweII
OF Wisconsin, says the committee did not
deem 1t necessary to examine the 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
ments The majority says it is not for them
to discuss the wisdom of the fourteenth
amendment nor to determine in what man.
ner, number OF proportion of the inhabitants
of any given State vino are disfranchiSed
can be ascertained. The sole question dele
gated TO us was whether the Constitution or
laws OF any State should make a reduction
of its representation by reason of suffrage
res strictiOns. The instances cited above
show that the resolution should pass, so
that thorough investigation might be had.