The Montgomery advertiser., 1904-03-19
LEVER HOLDS HIS SEAT
UNIQUE REPORT or HOUSE COM.
 MrTTEE.
Declines to Say The Congressman was Legally Elected, As q Precedent Forereaching in 1mpor-
 tance Would Be Set.

Washington. March h.--InS making it's report today in favor of 1fr. Lever in the ,Dantzler-Lever contest from the Seventh South Carolina District, the House Com mittee on Elections No. 1, takes the ground that the investigations show that Dantzler, negro. was not elected.
 At the same time. the eonnaftfee refuses to say that Lever was elected, and the report leaves him in the p0sslion as if no contest had been made. Tho commit tee draws the conclusion that f it ad. FauceA a ruling or tle dlsfTz hs Ifskfaskt of the coIored vote and declared Lever not elected on that ground, the decision would be precedent for unseatine nearly every member 4n the House from several Southern States which 1t names.
 The basis of Dantzlers claim was that the Constitution of South Carolina, adopt ed in 1908, was contrary to the recon struction act of June 2S. 1888. readmitting South Carolina and other States to rep resentation in Congress, which contained no provision as to educational and prop erty qualifications, as fixed in the pres ent State Constitution and laws passed under 1t.
 He averred that if certain citizens of his district had been allowed to vote un- der the provisions of the act of 1S6s 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 1t goes on to say that if the House should declare that there was no valid election. then there could be no one chosen to i'll the vacancy thus cre- ated 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 re- port goes on to say, that as practically the same fundamental conditions exists in Virginia, North Carolina, Georgia. Florida, Alabama, Mississippi, Louisiana Texas and Arkansas. the House would be obliged to unseat almost all of the members from those States until their constitutions should be changed SO as to comply 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 its members, 1t Is quite certain that a legislative body Is not the ideal body to pass judicially upon the constitu- tionality of the other bodies. We have in this country proper forum for the decision of constitutional and other judi cial questions If any citizen of South Carolina who was entitled to vote under the constitution of that State of 1888 Is now deprived by the provisions of the jresent 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 and to recover damages for it's 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 shali declare in such case that the fundamental condi- tions' in the reconstruction acts were valid and the constitutions of the States are in violation of those acts and hence invalid and unconstitutional, every State will be compelled to immediately bow submission to the decision. On the con- trary, the decision in the House of Rep resentatives on this grave judicial ques- tion 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"