Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-19
LEVER RETAINS SEAT
HOUSE REFUSES TO CONSIDEE
CONSTITUTIONAL QUESTION.
The Remedy is Declared to Lie in the
Courts-Effect of Establishing
- 81
Precedent

In making its report in favor of Mr.. Lev
er, in the Dantzer-Lever contest from the
seventh South Carolina district House
committee on elections No. 1 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 same position if no
contest had been made The committee
draws the conclusion that If 1t advanced a
ruling on the Acknowledgement of the col
ored vote and declared Lever not elected on
that ground, the decision would be prece-
dent for unseating nearly every member in
the House from several southern states
which it names. AS announced in yester-
days Star the House confirmed the COM
mittees action.
Dantzler's Claim.
The basis of Dantzler's claim was that
the constitution of South Carolina, adopted
in 1885, was contrary to the reconstruction
act Of June %, 1865, readmitting South
Carolina and other states to representation
in Congress. which contained no provision
as to educational and property qualification
as fixed in the present constitution and
laws passed under it. He averred that If
certain citizens of his district had been al
lowed to vote under the provisions of the
act of 1853 he would have been elected.
The report of the committee passes over
this claim by declaring 1t to be plain that
Dantzler 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 a precedent, the report goes on to
<.r.11x do
mental conditions exist in Virginia, North
Carolina Georgia. Florida. Alabama, Mis-
sissippi Louisiana. Texas and Arkansas,
the House would be obliged to unseat al
states. until their constitutions shoAld be
changed so as to comply with the recon-
struction act.
To Be Decided by the Courts.
Continuing, the report says: However
desirable it may be for legislative body
to retain control of the decision as to the
election and qualification of its members,
1t is quite certain that legislative body is
not the ideal body to pass judicially upon
the constitutionality of the enactments of
other bodies. We have in this country a
proper forum for the decision of constitu-
tional and other judicial questions. If any
citizen of South Carolina who was entitled
to vote under the constitution of that state
of 1883 is now deprived by the provisions
of the present constitution from voting he
has the right to tender himself for registra-
ton and for voting, and in case his right
Is denied to bring suit in a proper court
for the purpose of enforcing his right or
recover damage for it's denial.
THAT suit can be carried by him, If nee
essary, to the Supreme Court of the United
States. II the Supreme Court of the United
States shall declare in such case that the
fundamental conditions in the reconstruc-
ton acts were valid and constitutional and
the state constitutions are in violation of
those acts and hence invalid and unconsti-
tutiona1. every state shall be compelled to
Immediately bow In submission to the de-
cision. On the contrary the decision of the
House of Representatives upon this grave
judicial question would not be considered
as binding or effective in any case except
the one acted upon or as precedent for
future action In the House ITSELF"