The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-03-19
WOULD UNSEAT
SOUTHERNERS
House Committee Reaches an
Important Conclusion
DANTZLES NOT ELECTED
Ruling Is Guarded SO as Not to Set
Precedent on Disfranchise-
ment of the colored
Vote.
DANTzLEs NOT ELECTED

Washington, March 1S-In making its
report today in favor of Mr.. Lever In the
Dantzler-L Lever contest from the seventh
South Carolina district, house committee
on elections No. /, takes the ground that
the investigation shows that Dantzler' a
colored man, was not elected. At the
same time the committee refuses to say
that Lever was elected, and the report
leaves him in the position as If no con-
test had been made. The committee draws
the conclusion that If it advanced rul-
ing on the disfranchisement of the col
ored vote and declared Lever not elected
on that ground the decision would be
precedent for unseating nearly every
member in the house from several south
ern states which 1t names
The basis of Dantzlers claim was that
the constitution of South Carolina, adopt
ed 1895. was contrary to the reconstruction
act of June %, 1868, re-admitting South
Carolina and other states to representa-
tion In congress, which contained no pro-
vision as to education and property quail
fications as fixed in the present state leg
isation and laws passed under it.
He averred that If certain citizens of
his district had been allowed to vote un-
der the provisions of the act of 1868, he
would have been elected. The report of
the committee passed over this claim by
declaring 1t to be plain that Dantzer was
not elected, but it goes on to say that
If the house should declare that there
was no valid election, then there could
be no one chosen to fill the vacancy thus
created until the constitution and election
laws of the state should be changed.
If the house should declare the seat
vacant, and thus set precedent. the re-
port goes on to saya that practically the
same fundamental conditions existing
In Virginia, North Carolina, Georgia,
Florida, Alabama, Mississippi, Louisiana,
Texas and Arkansas, the house would be
obliged to unseat almost all of the MEM
bers from these states until their consti-
tutions should be changed so as to COM
ply with the reconstruction act.
Continuing, the report says:
However, desirable 1t may be for a
legislative body to retain control of the
decisions as to the election and qualifica-
ton of it's members, 1t is quite certain
that a Legislative body is not the ideal
body to pass judicially upon the constitu-
tionality of the enactments of other
bodies. We have in this country proper
forum for the decision of constitutional
and other judicial questions
Citizen Can Bring Suit.
"If any citizen of South Carolina who
was entitled to vote under the constitu-
ton of that state of 1868 is now deprived
by the provisions of the present eonsti-
tuition from voting, he has the right to
tender himself for registration and for
voting, and in case his right Is denied,
to bring suit in proper court for the
purpose of enforcing his right to re-
cover damage for its denial.
THAT suit can be carried by him If
necessary to the supreme court of the
United States. If the supreme court of
the United States shall declare in such
case that the fundamental conditions IN
the reconstruction acts were valid and
constitutional and the state constitu-
tions are in violation of those acts, and
hence invalid and unconstitutional every
state will be compelled to Immediately
bow submission to the decision. Or the
contrary the decision in the house of
representatives on this grave judicial
question would not be considered as
binding or effective in any case except
the one acted upon or as a precedent for
future action In the house Itself"