The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-03-27
THE MOSS-RHEA CASE.

he following excerpts from the speech Of Hon George
Burgess OF Texas in the house representatives March
~ will he read with interest 10 view of the disposition OF
the Tuesday:
Mr. Speaker the gentleman who has just addressed the
house enters into the history Of the committee
winch we arc both members with reference to its
decisions in questions like this Being member. and
for the first time this committee know nothing OF its
previous record and frankly care less
am not concerned whether the committee decided
the previous correctly hope its honor
that 1t did am mainly concerned about how trying
now 10 have this decided The gentleman speaks
tense Of his purity OF how he together with his
secretary, careful ballots all counted
without knowing what the final cssp would be in the
am glad TO sec the gentleman afraid OF himself 1t
argues well for him. perhaps m the future But the que
ton IN this casedccisive judgment and upon which
the minority feels the majority has bundered not
ballots in this record shall I've or not 1t is true
contend and think inspection of the ballots sup
the record correctly counted according
Of law and the results added to the official by which
Mr. Rhea ocoapies his this house that result OF
these returns will not be changed.
But the first contention in this that these
ballots contained in this record ought under law proper
counted for any purpos this That question
will arise and shall upon the uudlsputcd
record which is beoFe l2 Fhere will he controversy
between the gentleman Who has preceded me and myself as
so the facts and he will be forced those reply for
him viii be forced the legal question which IN
wolves the distinct proposition o whether this
reference to IFS elections whether both viii be ovcrucd
10y the committee OF this house contrary to the decisions
and without single support it,
had intended briefly to cite the provisions OF our con
stution and the decisions hereunder which define tho
boundaries Of our power congress deal with con
cressonsl elections IN Of the States The gentleman
has frankly admitted that hound by the statutes of
the State and the decisions OF It's supreme court constituting
them and hence regard unnecessary to consume time
to demonstrate the wisdom and the of that add
mission.
will say, however briefly in language Of that spen-
did lawyer who the minority report IN this case that
the right to vote is not matter guaranteed any
this country by the constitution the States or
any act OF congress. 1t State privilege The only pro
vision OF the constitutions which could attach election
OF the States that which has the color
line and that not involved in the degree in this
contest before the house
The constitution also provides the members Of the
house of representatives in each State shall have the quail
requisite electors of the most numerous branch
OF the State legislature That provision involved at
all in this The constitution also provides that
times places and manner OF holding elections senators
and representatives shall prescribed by the legislature
thereof but the congress at time by law make
alter such regulations except the places choosing
senators That provision is not involved in this
Mr. Tucker IN his work ersey and completely states this
whole contention IN the sentence when he says
Suffrage is State privilege belonging State citizen
ship and IS exclusively under State jurisdiction"
The minority report says
The Kentucky has fixed the qualifications of
electors and has prescribed the time places and
holding elections for representatives congress Although
perfectly competent do congress has not at any time
made such regulations altered those made by the State
Kentucky"
Hence follows this house is bound nv the laws of the
State OF Kentucky and decisions Of her supreme court
hereunder and rs therefore perfectly obvious that the
gentleman from Illinois admits the legal situation when he
this house bound by the and decisions Of the
State OF Kentucky touching the manner and conduct
! of her elections congressional otherwise.
Now, what the real issue here between these two
PortS' Certain ballots found in the record The CON
tenton OF the majority that those ballots were rejected
by election officials IN the Third congressional election in
Kentucky and that here by this house by this congress thew
should be recounted and the result added the official
turns And by that process taking the official returns
which MIR Rhea the election by majority they add
enough votes to Moss 10 bring him the lead
Going through the whole record and counting they could
afford to count serunizug with all the labor and pa
thence OF the gentleman from Illinois for three as he
hey have added OF these ballots the official re-
turns enough votes 10 make Rhes behind
Now, wish this house carry that majority rnon
which the majority report stands, in its mind for intend
&c demonstrate lawyer under the decisions OF
the supreme court under the OF the and under
the facts OF this record written down by the majority COM
mttee themselves that there than enough votes in
precinct alone which they counted that ought not TO be
counter 10 change the result
There no Justice in this proposition in any fair court
on earth will tell you that is question Of unsest.