The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-03
ELECTION CASES SETTLED
Action Taken in the Wilcox and
Gilbert COntestS
George ID. Gears Protest Against the
Hawaiian Delegate Not Upheld
Gerrymnnder Not Considered Suf-
Gcient Ground for Jnsenting.

In the House yesterday Mir. Taylor.
| Chairman OF the Committee on Eiec-
lions, reported the conclusions Of that
committee on the protest of George D
Gear against the seating Of Robert w.
Wilcox, peIoSate from Hawaii, and on
| the contest OF George NJ. Davidson against
George G G"oert. sitting for the Eighth
district of Kentucky.
Dayidson's contest was based upon the
| contention that the act of the Legisla-
| ture of Kentucky changing the bound
aries % the Eighth district in March,
1875, violated the constitution of the State
and was contrary to the act OF Congress
apportioning Representa- ves among the
States The report says that this is be
Iieved to be the first time in the history
Of the Government that Congress was
called upon to undo the work Of a State
whose Legislature had divided itself into
the proper number OF CongrC ssional dis
tricts. A discussion Of the matter led
| the committee to conclude:
THAT proper construction Of the Con-
stitution docs not warrant the conclusion
that by that instrument Congress is
clothed with power to determine the boun-
diaries of Congressional districts, or to
revise the acts of a State Legislature
in fixing such boundaries, and your com
mittee is further Of opinion that even If
such power is to be implied from the
language of the Constitution it would be
in the last degree unwise and iutolerable
that il should exercise it. To do so would
be to put into the hands of Congress the
ability to disfranchise in effect a large
body of the electors. 1t would give Con-
gress the power to apply to all the States,
in favor of one party. general system
of gerrymandering. 1t is true that the
same method is to a large degree resorted
to by the several States, but the division
of political power is so general and di-
verse that Notwithstanding the inherent
vice of the system of gerrymandering
some kind of equality of distribution of
results is attained"
Upon the charge of treason made
against Mr.. Wilcox by Mr. Gear the com
mittee says: I'VE do not think that the
conduct of n native of the Hawaiian ISL
ands year or more prior to the passage
of the organic act establishing a Terri
tory, however improper il may have been,
abstractly viewed. ought to deprive the
| Hawaiian people of the representative
they have sent"
AS to the validity of the election at
which wilcox was chosen it is said
There was a full and free expression of
the popular Will, under the theory that
the territory was eHliueu TO Sellu Il Itle-
gate to Congress, and as a result Of that
full and free popular expression Wilcox
was chosen by a considerable plurality
He comes here, therefore, as the agent of
his people, chosen apparently under the
forms of and with all the solemnity which
surrounds the most carefully conducted
election. and we think he ought to be per
mitted to retain his seat as their repre-
sentative in the capacity Of a Delegate.
. If he is not suitable person to
here give expression to the wishes and
feelings of the people who inhabit those
islands, and who are, for all time, to be
citizens Of TIE American Republic. they
will no doubt discover that fact and in
due time send another"