The record-union., 1891-02-27
Death of Colonel McKibbeu.
FOURTEENTH AMENDMENT.
HAS ITS PROVISIONS BEEN vIo.
LATED By THE STATESs
The Report on the Subject by the
House Judiciary
Committee.
Special to the REcoRp-UNIoy.

| n.
WASHINGTON, Feb. 26.-The minority
members of the Committee on Judiciary
prepared two vigorous reports in opposi-
ton to the House 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 has by any con-
stitutional or statutory provision violated
! the second section of the Fourteenth
Amendment to the Constitution so that
proper apportionment of representation
may be made in Congress.
One minority report prepared by Oates
of Alabama is signed by Oates, Culbertson
of Texas, Henderson of North Carolina,
| Wilson of West Virginia, and Stewart of
Vermont with a qualification. This re-
port says that States are not constitutions
ally prohibited from disfranchising any
of their male citizens; it only prescribed
as penalty for such hdisfranchisement for
any other cause than that of participation
in rebeHion or other crime; that repre-
sentation in Congress from such State
shall be reduced in proportion which such
persons disfranchised bear to the whole
number of adult male citizens in such
State.
The question was asked, if the resolu-
ton reported be adopted now, can the
committee make inquiry directly in the
absence of any legislation by Congress,
providing means to securing evidence to
enable the committee to procure necessary
proofs to warrant Congress- in reducing
representation in any State?
| The committee assume that some citi-
zens in Mississippi and Massachusetts, are
denied the right to vote by the State Con-
stitutions for some other reason than for
crime. This may be true, but the minor
ity cannot shut their eyes to the fact that
the Constitution Of Mississippi has not
yet gone into operation, 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 means by which this may
| be done. PresumptionS are worthless in
such grave matter. Legal proofs must
be had to obtain a reasonable certainty,
and until such legislation is enacted it is
utterly futile to adopt such resolution,
for it cannot be complied with.
Until Congress enacts a law providing
! for the enumeration of the number of
persons disfranchised for crime and the
number disfranchised for other causes. it
would be impossible to comply with the
resolution. If the resolution was literally
construed, the report says, requiring
twelve-months' residence in the State
and registration as prerequisite to voting,
1t would be cause for reducing it's repre-
sentation. ''But," the report concludes,
the cardinal principle in our system of
government is that the States shall each
prescribe qualifications Of electors. When
they ratified this article of the Constitu-
| ton it cannot be assumed with any show
of reason that they intended to surrender
| this right, or to restrict their powers to an
| ct
maintain
On the other side of the report Rogers
makes an Individual minority report,
| holding that the hearing proceeded on
two false presumptions; first, that if the
State restricts sutferage for cause, other
than rebellion or crime. it violates the
Fourteenth Amendment; and second, that
1t is necessary for some States to violate
this amendment in order that proper ap-
portionment may be made, if the logic of
the majority may be followed. OF all the
State Constitutions that are most fla
gfantiy offensive is Idaho's. Our little
sister was brought into Statehood by this
Congress, after long labor and success
full performance by the Speaker of a
Cesarian operation, generally known as
| Counting quorum
Rogers draws attention to Idaho's pro-
vision forbidding polygamists or Nor
mons voting. Other States might he
| Y,
says, as to suggest inquiry whether the
whole country is not rapidly growing
weary of the Fourteenth Amendment
altogether, becoming imbued with the
idea that the people of the States should
be left to self-government, without Off
cious outside interference.
The majority report, prepared by Cas-
well of Wisconsin, says the committee
did not deem it necessary to examine the
various State Constitutions, but the Con-
stitutions of Mississippi and Massachu-
sets are clearly within the provisions of
the second section of the Fourteenth
Amendment because of their educational
and property requirements.
The majority says it is not for them to
discuss the wisdom of the Fourteenth
Amendment, nor to determine in what
manner the number or proportion of in
| habitants of any given State who are dis
| franchised can be ascertained. The sole
question delegated to US was whether the
Constitution or laws of any State should
make reduction of its representation by
reason of suffrage restrictions. The in
stances cited above show that the resolu-
| ton should pass, so a thorough investiga-
| ton might be had.
BEEoHAM's pills act like magic on a
twr~D. L.