Evening star., 1902-02-11
XIV AM.E n D N EN- 7.
Question Raised by Mr.. Tay-
ler insthe Caucus.
CONDITION OF RETURN
STATUTE IS TN EXISTENCE AND
Il, APPLICABLE.
If a Valid Restriction It Affects State
Constitutions in the
South.

Representative Tayler Of Ohio. chairman
of elections committee No. 1. and who is
regarded as one of the ablest lawyers in
the House, raised a question at last night 8
caucus Of republican representatives which
Is attracting general attention among those
interested In the question Of disfranchise-
ment In the south and the representation
In Congress of the southern states.
Mr.. Tayler called the attention of the as
sembly to the federal statute of June 25,
1868. fixing the terms upon wich the
late revolted states should be admit
ted to representation in Congress. That
act provided that the states OF North
Carolina, South Carolina. Louisiana,
Georgia, Florida and Alabama should
be ADMITTED to representation when the
legislature OF each state had ratified the
fourteenth amendment to the Constitution of
the United States and upon the following
fundamental conditions: That the constitu-
tion or neither of said states shall ever be
so amended or changed as to deprive any
citizen or class of citizens OF the United
states OF the right to vote by the constitu-
tlon thereof herein recognized except as a
punishment for such crimes as are now fell
onies at common law. whereof they shall
nave been duly convicted under laws
equally applicable to all the inhabitants Of
said state.'
Viewed as applicable. Its constitutionality
has never been passed upon. Mr.. Tayler.
while doubtful of the right Of Congress to
impose such condition. thought It's bear
ing upon the questions now under discus
sion should be considered.
There are really two questions before
u.s. said Mr.. Tayler, in conversation with
a Star reporter today.
First. Whether the fourteenth amendment
is capable of enforcement against adroit-
Unframed amendment Of a state constitu-
ton which seeks to or in effect does abro-
gate that constitutional amendment.
Second, AS to the effect Of the foregO-
ing act Of Congress defining the terms Of
the tablishment of the broken rela-
tions between the southern states and the
Union; whether Congress In SO doing was
exercising a constitutional right when 1t
passed the act.
If that was valid restriction the an
swer to the second question is simple
enough. The act would be self-operative
and the states would be compelled the
price Of their admission in Congress to
conform their constitutions to the require
mentS of the act
"At any rate, these two questions should
be carefully considered by a competent
committee and the conclusions reported to
the House. If 1t Is found that the fourteenth
amendment Is not proof against practical
ton and that the reconstruction act of
1868 Is invalid, the country should know it
and would give the republican party credit
for the effort IT had made to find what Its
duty was.
II am In favor Of undertaking an investi-
cation of that kind. The two questions are,
in my opinion, open to construction, and
should be construed by lawyers for the
benefit Of the country
Successful Tactics Of Opposition.
The successful tactics Of opposition adopt
ed by Representatives Cannon, Payne and
Dalzell, with the appreciation it is thought
Of Speakers Henderson, have discouraged
the members Of the House who have been
moving for an investigation and official
agitation of the subject Of southern dis
franchisement. 1t is considered very doubt
full whether anything can be accomplished
at this session. The adjournment of last
nights caucus for another week will re-
su1t.it is thought. in strengthening the ranks
Of the opponents Of the plans suggested by
Representatives Crumpa cker, Moody, Dick,
Olmsted, Tayler and others.
The opposition are bas!ng their arguments
solely upon political grounds-fears for the
effect upon the coming congressional cleo
tions. The possible alienation of northern
democratic votes which have gone to the
republicans in the past two elections on ma
tional issues Is the bogey man that af-
frightS them.