The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1904-03-23
THEY LET LEVER ll0AE.
Tie Republicans Could not Stem.
ach ,Dantzler, the Darky, and
by uanimous Vote Agreed 10
Favor of representative
Lever, whose Seat He
Contested.

6fUE VI ssSkS1 10oOess0essO
Lever, whose Seat He
Contested.
Washington, March i8.-By unani-
saous vote the House today agreed to
the report of the elections committee
favor of Representative Lever,
Whcse seat was contested by Aaron
Dantzler, colored. There has never
haen any doubt as. to the action or the
eou,mittee, but the friends Of Dantzler
hoped the House would postpone pass
ssag mon the committee report until
Scr period. Dantzler has made him
sals obnoxious to members by daily
hanging around the House. occupying
vacart chairs on stae Republican side
of the chamber. Neither his attire
nor his personality are attractive, and
ske action of the House today deprived m
him Of further privileges ON the place.
THE DANTZLER-LEVER CONTEST
Washing son, March Is. .-h making
lis report today Ia favor, OF Mr.SLever,.
m the Dantzler-Ieve contest, from
2sa7sh South Carolina district, house
srEassnmfStee on elections, No. takes
sFshg ground that the investigation
shows that Dantzler. a coiored saaI,i
was not elected. At the same time she
so,nsnittee refuses to say that Lever
Nas elected, and the report leaves him
N she same position as II no contest
mad been made.
The basis OF Dantzler's claim was
that the Constitution Of South
garolina, adopted in 1880. was con.
Rary TO the Reconstruction Act OF
June % 1858, readmitting South Caro-
INA and other States 80 representation
"a Congress, which contained no proVi-
sicn as to educational and property
aualifcation, as fixed in the present
onstitution ard Laws passed under 1t
Ha aye,red that If certain citizens OF
his district had ..been allowed to vote
nnder the provisions OF the Act OF
1865, he would have been elected. The
report of the committee passes over
this claim, by declaring it to be plain
tha5 Dantzler was not elected, but 1t
goes on to say that if the House should
deciare that there was no valid cleo
Sssesi then, there could be no one chosen
to ill The vacancy thus created until
ske Constitution and election laws Of
ffss State should be changed. If the
Ha1ss should declare the seat vacant,
ard thus set aprecedent, the report
aces on to say, that as practically the
same fundamental conditions exist
81. Virginia, North Carolina, Georgia,
Florida, Alabama, Mississi ppi, Louis
iana. Texas and Arkansas. the House
Wcaid be obliged to unseat almost all
m TIE membership from those States,
nntll their Constitutions should be
changed so as TO comply With the Re-
ecnssruction Act.
4 Continuing, the report says:
However desirable it may be tor 9.
legislative bo0y TO retain control lof
The decisi0n as 70 the election and
ems. .ifcasionof It's members, il is quite
certain that legislative body is rot
She ideal body to PASS iudicially upon
EEls, constisutionality Of the enactnents
nf other bodies. We have in this coun-
y proper form for the decision OF
cns,seituSicnaI and other judicial ques-
aens. f any citizen OF South Caro-
lima who Was entitled to vote under
Ez29 I0QS51kU kU6lCQ O1 tudo ot9e0 VI iOO15
Is now deprived, by the provisions OF
She present Contsi tuition from voting,
he has the right to tender himself for
ragistration and for voting, and, in
case his fight is denied. to bring suit
in a proper Court, for the purpose OF
enforcing his right, or recover damage
for its denial. That suit can be carried
By Elm, If necessary. to the Supreme
Court of the United States If the
Snpreme Court of the United States
shall declare in such case that the
fundamental conditions in the Recon
ssrucsion Acts we're valid and con-
ssisutional and the State Constitutions
are In violation of those Acts, and
hence invalid and unconstitutional,
sEesy State shall be compelled to I'M
msdisteiy bow in Submission to the
decision. On the contrary. the deci-
sion OF the House of Representatives
npon this gave judicial question would
not be considered as binding or
effective in any case except the one
acted upon, or as precedent for fu-
:fure action in the House itself. :"
Preston Fortune, a negro lineman