The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-05
MISCELLANEOUS
CONTESTED SEATS IN HOUSE.
An Interesting Case in South Carolina
That Has Only One Precedent.

New York SUM-
Washington.-The election Of the Hon.
"a. r. Lever of Wallaceville. S. c.. as rep
resentative from the Seventh congress
sional district of that state to fill the va
cancy occasioned by the death of the
Hon. j. William Stokes in July last, pro-
duced a condition in the house that has
but one parallel In its history. Singu-
larly, too, that grew out of an exactly
similar state of circumstances in the
same state. The election Of Mr.. Stokes
in 1900 was followed by notice of contest
by his republican opponent. A. H. Dantz-
der, and the contest was prosecuted and
defended by the parties thereto until
July last, when Mr.. Stokes died. The
governor of South Carolina issued the
usual proclamation calling for an election
on the 5th inst to fill the vacancy thus
caused. After a vigorous canvass for
the nomination, A. II. Lever, who had
been Congressman Stokes private sec
rotary, was named by the democrats, and
received all the votes cast at the cleo
ton two weeks ago. The republicans.
following up the claims made in the con-
test instituted by Mr.. Dantzler, made no
nominate ton, asserting that inasmuch as
Dantzler had been legally elected in 1900
the death of Mr.. Stokes produced no va
cancy.
What the course of the house toward
Mr.. Lever will be when he presents him.
self to be sworn in Gas his name Will go
on the temporary roll made up by the
clerk on the strength of the certificate
given to him by the governor of South
Carolina), can be Judged only from the
record in the single precedent found In
the records When the FOrty-seventh
congress assembled in December. 1880,
Samuel Dibble presented himself at the
door Of the house as the representative
from the then Second district of South
Carolina. ready to take the oath of office
administered to his associates ny Speaker
Keifer. An objection was interposed ny
the Hon. w. II. Calkins, a representative
from Indiana, and later chairman OF the
committee on elections for that congress.
From the record It appears that M. r.
U'Connor had received a certificate of
election from the Second district at the
election in November, 1880. and a contest
for the seat had been instituted by r. w.
nor died, and Dihble was chosen to I'LL
Shortly after the election in 1880 O'Con-
M Mackey. his republican opponent.
the vacancy alleged to have been thus
caused. TIE republicans, holding that no
legal vacancy existed. had no candi-
,date in opposition. Mr. Calkins asked
consideration of a resolution the pream-
bile of which recfted these facts. referring
the matter to the elections committee.
and refusing to seat either Dlbble or
AIackey pending action on the report.
~ This resolution was opposed, among
others, by Gen. T. NJ. Browne. col
league of Calkins from Indiana. who
warned his republican associates against
tine danger of making such precedent
as that, refusing to recognize the pflma
facie right to a seat in the house created
b v the possession of the certificate from
the legal authorities of a sovereign state.
The objections prevailed. and without
further debate the resolution was 1nden-
(nitely postponed and Dibble sworn IN.
v While this precedent will doubtless gov
ern in favor of Levers taking his seat
the house only two years ago, by an over
whelming majority. refused to permit
Brigham H. Roberts, presenting the GER
tificate of the governor of Utah to take
the oath of office, and that, too, IN the
absence of a contest for his seat, upon tIis
ground that as a Mormon he was lnellSl-
bile to election.
Hinder the precedent Of Mackey VS.
O'Conner. Lever will have to defend ms
title TO the seat against the claims set uE
in the contest against Stokes ny DahtAlei
dn the original proceedings
The recent death of Gen. James A
Walker abated the contest he had begun
for the seat in the house from the Ninth
district of Virginia. held by William r.
Rhea. General Walker was an unsuccess'
full contestant for the seat in the FIFTY
sixth congress, majority of elections
committee No. finding against him.
= The membership of the house is now al
its maximum-357-the first time IN sew
eral years that every district has been
-represented.-New York Sun.