The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1902-01-21
Mr.. LEVER APPEARS
IN HIS OWN BEHALF.
HIS SEAT I'm CONGRESS tONTESTED
BY DANTZLER
South Carolina Election Law-The Negro
Was Contestipg Stokes Seat and Now
the Case Is Continued Against
Lever.
Especial to The State.

Washington, Jan. 16.-Mr. Lever
G ngressman from the Seventh South
Carolina district, appeared before
committee No. 2 of the house yester.
day and the preliminary skirmish
was fought. His case reVives mem
ory of another contest which occurred
over 20 years ago. lhe only case in
the history of this country exactly
similar to that of Dantzler vs.. Lever
is case, strange to say, that came
from the same district, when E. ".
M. Mackey contested for the seat then
occupied by Mr.. NJ. P. O'Connor and
finally won from the Hon. Samuel
Dibble. The record in the case is vol
luminous, covering several volumes,
and discloses the thread bare charges
of fraud, ballot box stufing and in
timidation. The charges came from
both sides.
Pending the contest O'Connor, the
contestee, died and long and bitter
struggle ensued, consuming a great
deal of time and arousing excitement
in the house over the question of the
abatement of the contest on the death
of one of the claimants.
The Democrats argued that the
death of O'Connor ended the contest
and that if Mackey desired to con
tinue the contest he would have 10
start proceedings de novo; that a
vacancy had occurred, new election
had been ordered, and that Mr.. Dibble
should not be bound by the plead
ings and evidence taken in case to
which he was not a party. This
contention was met by the argument
that to permit case to abate on the
death of the contestee would be to
place the contestant always at the
mercy of the contestee. They ar
gued that if a vacancy caused by the
death of the contestee would abate
the contest, vacancy caused by a
resignation of the contestee would
work the same result. However, the
decision was made against the Demo
Gratis and Mr.. Dlbble was compelled
to defend the seat occupied by
O'Connor. The result was the seat
ing of Mackey, the Republican.
There is little fear that the pres
ent contest will 80 end, though the
mere fact of having a contest is suH
cient to handicap a member in his
work, and keep him somewhat un-
willing to enter into discussions OF
other subjects until the contest is
settled. There is a great amount OF
work necessary even in case that
seems so absurd to our people as
that of Dantzler VS.. Lever. Evidence
galore must be gathered, for it must
be remembered that the committee
who is the tribunal in this case is
Republican.
The case was taken up before
election committee No. 2 yesterday,
Col. Dudley of "block of five" fame
appearing in the interest of Dantzler,
who is an ordinary ricefeld negro
and it is alleged is scarcely able to
read and write. Mr.. Lever appeared
for himself, Capt. B. H. Moss, his
attorney. being detained at home on
account of the death of his father.
After little friendly bandinage
the committee allowed Mr.. Lever
the right to come in and defend his
title. The case is set for hearing
the 18th of February. The whole
matter hinges on the constitution
ality of the suffrage laws of South
Carolina. Good lawyers say thai
these laws on vital points are the
same as the suffrage laws of Massa
| chusetts, hence there is little doub
that they will be sustained and Mr.
Levers right to his seat established
beyond question.