The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1902-01-22
RR. LEVERS CONTESTED SEAT.
He Appears Before Committee.

Washington, Jan. l0.-Idr. LoNSi,
congressman from the Seventh South
Carolina district, appeared before
committee No. 9 Of the house yester-
day and the preliminary skirmish was
fought. His case revives memory OF
another contest which occurred over
20 years ago The 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. ". NJ.
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
voluninous, covering several Volumes
and discloses the thread-bare charges
of fraud, ballot box stuffing and lntlm-
idation. The charges came from poth
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 oeatn
of one of the claimants.
The Democrats argued that Jne
death of O'Connor ended the contest,
and that if Mackey desired to con-
tinue the contest he would have to
start proceedings de enovo; that a va
cancy had occurred, new election
had been ordered, and that Mr.. Dlo-
BILE should not be bound by the plead
ings and evidence taken in case to
which he was not a party. This con-
tention was met by the argument
that to permit a case to abate on the
death of the contestee would be to
place the contestant always at the
mercy of the contestee. They argued
that if vacancy caused by the oeath
of the contestee would abate the con-
test, vacancy caused by a reslgna-
tion of the contestee would work Ihe
same result. However, the decision
was made against the Democrats and
Mr.. Dibble was compelled to defend
the seat occupied by O'Connor. The
result was the seating of Mackey, the
Republican.
+ There is little fear that the present
contest will so end, though the mere
fact of having a contest is sufficient TO
handicap member in his work, and
keep him somewhat unwilling 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 trlbun-
al in this case is Republican.
The case was taken up before cleo
ton committee No. 2 yesterday, Col.
Dudley Of block of five" fame ap-
pearing in the interest of Dantzler,
who is an ordinary rice6eld negro and
it is alleged is scarcely able to read
and write. Mr.. Lever appeared Tor
himself, Capt. B. 81. Moss, his at
torney, being detained at home on &C
count of the death of his father.
After a 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 constitutionality Of the
suffrage laws of South Carolina.
Good lawyers say that these laws on
vital points are the same as the
suffrage laws of Massachusetts,. hence
there is little doubt that they will be
sustained and Mr.. Levers right TO
his seat established beyond question.