The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-11-11
SHOESTRING CONTEST.
Grave QUESTIONS RAISED IN THE
FAMOUS CONGRESS DISTRICT.

COhGffEbh DloIh1NAs
~ osuth Carenna,s new Consultation Invaiid
Because OF the Federal Act OF 1Hos hu-
hitting Southern states 10 representation In
Congress t-Murrny's Case Against Eiiiett.
WASHINGTON, Nov. 10.-As usual, the "ehoe-
string district in South Carolina is on tho
docket OF contested election cases to come be-
fore Congress. william Elliott, Democrat, who
holds the record for contests, appears In the
role Of contestant. The district was created by
the gerrymhnder act Of 1882, passed to crowd
into one district as many Republican votes as
possible. and thus to secure a larger number OF
Democratic Representatives in Congress from
the State, though ~insuring a Republican mem-
Der from that particular district.
According 10 the census of 1890 there were
11,A61 white male adult residents and 32,s7s
negroes within the limits Of this district. Tit
district was temporarily abandoned by the
Democrats, but Mr.. Elliott made the race for
the Fiftieth Congress and received n certificate
Of election. lie repeated tho proceedings in the
election for tho Fifty. second Congress. In tho
Bifty.nrst Congress he was unseated. after n
contest, In favor OF Thomas Il. Miller, a colored
Republican. In the Fitty.fourth Congress he
was unseated and the place given to George w.
Murray, also q colored Republican. who 10 tho
contestant In the case now pending. Murray
was declared elected in 1902. over Il. w. Noise.
Elliott not being u candidate at that time.
Every time Elliott has been n candidate he has
received the certificate, and every time the scat
has been contested.
The brief for Murray in the present contest
has been filed with the Clerk OF the House for
presentation to the Committee on Elections.
which will have Jurisdiction. 1t was prepared
by Dudley & Kitchener. who allege as the prin-
cipal grounds OF contest the invalidity Of tho
Constitution recently adopted in South Caro-
lima. This invalidity is argued from tho an.
q Congress Of June IS, 1858. providing for
The adn,ission TO representation In Congress-
Ana an Louisiana sistss y Georgia, Alabama. and nddiFHl Florida SHiD.
This point has never before been suggested
either to courts or Congress, and counsel for
TO say that the State cannot insist upon repre-
sentation In that body under tho terms of the
out provided that each OF the en States named
should be entitled to representation in Con-
ture Of such State shall have duly ratified the
amendment to the Constitution of the United
State ssS sI DgSP0, ss q %yrt ieH TRsii1vsy NV. apan 0p fSs ,Si:
lowing fundamental conditions: That the Con.
Or e%SHe Of citizens ii : 81 the he { United states e Of the
right to vote in said State who are entitled to
vote by the Constitution thereof herein recoR-
mixed, except as q punishment for such crimes
90 are now felonies at common law, whereof
saS.iiy applicable to ali the inhaSitantS Of said al
Counsel review the proceedings in connection
South Carolina, and contend that 1t purports
90 to change or amend the Constitution of 1868
a. to deprive q GLASS of %citisens of the United
entitled to vote BY the Constitution Of 1868, the
ono reSSognized by the act of Congress of juno
The debate in the convention which framed
the Constitution !! quoted in the brief to sus-
There is no particle of fraud or ~illegality in it.
~tauebterl or diSoSriminatien. .f'..i diotasepd
1t. the terms on which We agreed. and the basic
principle was that no white man should DO dis
George D. Tillman. o member of tho conven-
"Mr: President, we can all hope a great deal
pot such an instrument as we would have made
had We been q free people. We are no q free
people; We have not been since the war. fear
It will be some time before We can call ourselves
free. have had that fact very painfully inn
pressed upon me for several years. II We were
free. instead Of having negro suffrage we would
have negro slavery; instead of having tho
United States Government we would have the
Confederate States Government; instead of
pEs syi,nE SsG1,o goo pension tribute we would BIO
The process and results OF tho registration of
voters are also relied upon to show the intention
s1i Si = addnsea Sf IN ahe e sontes. v wss e the Ms ee.
feet that no white man failed to secure his GER
tiacate from tho registration officers. while un.
ply With tho educational test, were turned
away, One Of the registration officers was
quoted as saying:
from getting. registration, go you niggers now
might as well dry up and vote with US"
State Chairman TomkIns says the registered
$4,000 colored. This was within a few Of the
entire white adult male population and about
10 Der cent. Of the colored.