The sun., 1897-02-07
THE ELECTORAL COUNT.
THREATENED CONTEST OYER TIE
VOTE OF sOUTH CAROLINA.

Member. fren That state Declare That ~
n Contest IL Made Mckinley WIN Not
Be In.ugurstes o. March A-Coiored
Congre..nan Murray's Froposed Protest
WASHINGTON. Feb. e.-The publication Of the
fact that the Hon. @. w. Murray. tho colored
Representative from the First district OF South
Carolina. Intended to protest against the count
Ing Of the electoral vote of that state at the
Joint meeting Of Congress on Wednesday noxt,
engaged tho interested attention of Mr.. Muir
rays colleagues. all Democrats, to-day. and
several Informal conferences were hold, at
which Senator Tillman was present After one
OF these. Mr.. Tillman said:
III Mckinley Is going to bc inaugurated on
the 4th of March the Joint convention has got
to count the vote OF South Carolina II the Re-
publican party wants to make an attack on the
Constitution of the state IL must make IL on
some other ground or In some other manner
than by endeavoring to prevent tho counting Of
her vote. l wish to 20 further, and express my
preference for seeing Mr.. Mckinley President
than to sec the Presidential function exercised
by Mr.. Olney. IL will be after the 4th Of March
II the effort 10 mads to deny South Carolina the
right to vote. This has been my feeling for
long time past"
Mr.. Murray was said to base his proposed
protest upon = memorial. numerousiy signed by
eolorvd residents Of South Carolina, recitinG
that tho Constitution of the State violated the
Fourteenth and Fifteenth amendments of the
Constitution Of the United States and tho law
Of 1857. providing for the admission of South
Carolina into the Union. and that II was invalid
because IL had not been submitted to the voters
OF the State for their approval.
On this point Representative J. L. McLaurin
Of South Carolina, who has held tho once Of
Attorney General of the State. said this after
noon;
Tho Constitution of South Carolina is valid
Constitution. although not submitted to the
people for ratification. It has never been the
custom in the state of south Carolina to sub
init Its new constitutions to the people for rati-
ncation. The only instance In which this rule
was varied from was in 1858. In many OF the
other States their constitutions have not been
so submitted. The act of the Legislature of
South Carolina, calling the Constitutional Con-
vcntion Of 1905. did not require tho ratification
ofits work by the people. Besides, this Consti-
| tuition was at once and ever since has been
| recognized by all ths departments of tho State
Government rs tho organic law of the State"
Discussing tho objection that II violated the
act of 1867. rsadmitting tho State into tho
Union. by deprivins certain citizens OF the right
OF suffrage. Mr.. McLaurin called attention to
the fact that the United States Supreme Court
had decided In more than one case that the
states which wero parties to the civil var
never lost thoir stauehOou, ana ttnnu to-day IN
their original attitude a. States OF the Union.
with undimnished right of autonomy and with
acknowledged republican forms OF Government.
and therefore that the law referred to was not
binding.
lection fall that the Constitution 10 repugnnnt
to the Fourteenth and fifteenth amendments
OF tho Federal Constitution. Tho right 10 vots
citizens OF the United States within the
meaning OF the Fourteenth amendment Tho
OF 50 ffrage, but the state alone can confer that
| right II simply invest. tho citizen with tho
elective franchise aud that protection is limited
| By ia own expires. terms to the sim
on Condition .srS
tude.' The provisions OF the Constitutio
OF south Carolina. clearly make no such di.erimi-
auslinsstioas for saifrss.- .. the qu.lihes.
ssas sG .sT.S" lf :ie0Ra valid and % ss
Wise forbidden. Besides the State OF South
requirements Of an educational quail lncatlon for
voting. namely, Colorsdo. Connecticut. MassA-
Mr.. McLaurin said that the members from his
State desired TO have Il understood distinctly
contest over the vote OF that State the probabi-
| lites were that Mr.. Mckinley would not be in
susura!ed President of the United states on
III Congress is going into the merits Of the
vote Of south Carolina" he continued steps
States. concerning the validity OF which much
doubt ha. been expressed. notably the vote Of
vote. are counted. We have fair elections in
| South CAROLINA"
this afternoon. that the advertised protest win
not bo made. Mr.. Murray expressed great
doubt Of his ability to get itinto shape in time
THE m memorial" he said. upon which will
have to base IL, has not yet been received mere,
/ although whom | was In South Carolina last
| week they promised TO send II to me Wednes-
day Of this week at the latest, shall consult
my course of action after tho memorial has
been received My contention Ia that the result
the Vice President Is not an honest expression
| Of the will Of the voters of South Carolina"
tho H JuSIc.ry. % dseiined to express EXP in sIrsos
terms his opinion OF the policy OF making the
Tss q h. ss
cceding when objection 70 made to couhtinR the
vote Of any State; and although y had never yet
been tested. he believed IL would work out all
All objections" he continued. "shsll be In
without argument and they shall be . iVned BY
| At least one Senator. A. we'll as At least ono
returns shall be rejected from any State unless
there 10 more than one return. and when there
shall s S.' BE- eoanted which shall have been reg;
been chose. .ssordiGE TO '.w Zach
| Presidential electors, and when this tribunal
| has mad its return the Governor Is required to
certify the result Of this action. The Vice
| President lays all the papers before tho Joint
| assembly. In case any objeotion Is made which
renders IL necessary for the houses to separate
| TO pass upon tho question involved. the deter
| minAtion OF the matter must rest upon tho
| Judgment OF tho returning board OF tho state
| We could not go into tho legality OF tho cleo
tions In tho various States nor attempt to deter
mine tho legality Of the returning board Of any
| OF them. All that was settled by the Electoral
| Commission aud is now TO bo found In tho
| statutes"
SO far as could be learned this afternoon Mr..
| Murray had support from Republican Con-
| gresmen OF the South. Mr.. Mccall OF Tennessee
| said that he never heard of the proposition TO
| contest tho vote of South Carolina until he saw
| the publication OF to-day. He did not believe
| that any OF his colleagues from that section of
| the country would advise such a step. and no
| himself disclaimed any intention OF doing so.
| Senators Blackburn Dem, kyJ and Lodge
| (Rep., Masa.) have been appointed by tho Vice.
| President as tellers to offlciate next Wednesday
| in the counting OF tho electoral votes.
REGENT FITCH SUED.