The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1902-01-21
MR.. LEVER APPEARS
IN HIS OWN BEHALF
HIS SEAT In CONGRESS 'ONrEsrED
BY DANyXI.EK
South Carolina Election Inw-Thr Negro
"na Comforting stokes scat and Now
tho Case Ia Continued Against
Lever.
Especial TO Tho State. J

Especial to Tho State
Washington, Jan. IS MIR. Lover,
Q 'ngressman from tho Seventh South
Carolina district, appeared before
committee No. 2 of tho house yostcr-
day and the preliminary skirmish
was fought. His case rovivos mem
ory Of another contest which occurred
over 20 years ago. 1 he only case in
the history of this country exactly
similar to that Of Dantzlor vs.. Lever
is case, strange to say, that camo
from the same district, when T.. w.
M. Mackoy cont ested for tho seat tn WI
occupied by MIR. NJ. p. O'Connor and
finally won from tho Hon. Samuel
| Dibble. The record in the case is vol
luminous, covering several volumes,
and discloses the thread bare churgcs
Of fraud, ballot box stulling and in
,imidation. Tho charges camo from
| both sides.
Pending the contest OConnor, the
contestoe, died and Il long and hitter
struggle ensued, consuming Il great
deal of time and arousng excitement
in the house over the question Of the
abatement Of the contest on the death
Of ono Of the claimants.
The Democrats argued that the
death Of O'Connor ended tho contest
and that if Mackey desired to con
tinue tho contest he would have to
start proceedings dc novo; that n
vacancy had occurred, now election
had been ordered, and that Mr.. Dibble
should not bo bound by tho plead
ings and evidence taken in n cnso TO
which ho was not party. This
contention was met by tho argument
that to permit case to abate on tho
death Of tho contostee would be to
place the contestant always at tho
mercy of the contestee. They ar
gued that if Il vacancy caused by the
death of the contesteo would abate
| the contest, vacancy caused by Il
| resignation of the contested would
work the same result. However, the
decision was made against the Demo
Gratis and Mr.. Dlbblo was compelled
to defend the seat occupied by
O'Connor The result was the seat
ing of Mackoy, the Republican
There is little fear that the pres
ent contest will 30 end, though the
mere fact OF having contest is su(li
cient to handicap member in his
work, and keep him somewhat un-
willing to enter into discussions of
other subjects until tho contest is
settled. There is great amount of
work necessary even in case that
seems 30 absurd to our people as
that Of Dantzler Vs. Lever. Evidenco
galore must be gathered, for it must
be remembered that the committee
who is the tribunal in this case ia
Republican.
The case was taken up before
election committee No. yesterday,
Col. Dudley Of "block Of five" fame
appearing in the interest of Dantzler,
who is an ordinary rcofield negro
and it is alleged is scarcely able to
read and write. Mr.. Lever appeared
for himself, Capt. B. H. Moss, his
attorney, being dctninod at home on
account of the death Of his father
After a little friendly bandinaee
the committee allowed Mr.. Lcver
the right to como in and defend his
title. Tho caso is set for hearing
tho 18th of February. The whole
matter hinges on the constitntion
atty of the suffrage laws of South
Carolina. Good lawyers say that
these laws on vital points are the
same as the suffrage laws of Massa
chusetts, hence there is little doubt
that they will be sustained and Mr..
Levers right to his seat establish cd
beyond question.
| pARIIANEST NpENs