The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-03-22
LEYER-DANTZLER CONTEST.
Republicans Could Not Stomach the Negro
and Agreed In Favor Of Representa-
tive Lever.

house Of representatives, on Thurs
day. agreed to the report OF the
elections committee in favor OF Rep
resentative Lever. whose seat was
contested bv Aaron Dantzler, col
ored. There has never been any
doubt as to the action OF tie conf
,??ittec. but the friends OF Dantzler
hoped the house would postpone
passing upon the committee report
until d later period. Dantzler has
made himself obnoxious to menl-
berS BY daily hanging around the
house. occupying vacant chairs on
the republican side of the chamber.
Neither his attire nor his personality
are attrictive, and the action OF the
house today deprived him OF fur
ther privilege OF the place.
In making its report in favor of
Mr.. Lever, in the Dantzier-Lever
contest, from the 9TH South Caro-
lima district, house committee on
elections. No. I, takes the ground
that the investigation shows that
Dantzler, a colored man, was not
elected. At the same time the COM
rnittee refuses to say that Lever
was elected, and the report leaves
him in the same position as if no
contest had been made.
The basis of Dantzler's claim was
that the constitution of South Caro-
lima and other States to representa-
to the Redistribution Act of June
25. 1868, readmitting South Caro-
lima and other State to representa-
ton 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 allowed to vote. under the pro-
visions OF the Act OF 1868, he would
have been elected. The report OF
the committee passes over this
claim. BY declaring it 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 I'll the vacancy
thus created until the constitution
and election laws of the state should
be changed. II the house declare
the seat vacant. and thus set pre-
cedent, the report goes on to say,
that as practically the same fun
danental conditions exist in Vir-
ginia. North Carolina. Georgia.
Florida. Alabama. Mississippi,
LOUISIANA. Texas, and Arkansas, the
house would be obliged to unseat
almost all Of the membership from
those states. until their constitu-
tons should be changed so as to
comply with the Reconstruction
Act.
Continuing the report says:
However desirable it may be
for a Legislative body to retain con-
troll of the decision as to the elec-
ton and qualification of its MEM
bers, it is quite certain that legis-
lative body is not the ideal body to
pass judicially upon the constitu-
tic:ialitv of the enactnents Of other
bodies. We have in this country
proper forum for the decision Of
constitutional and other judicial
questions. If any citizen of South
Carolina. who was entitled to vote
under the constitution of that state
of 1868, is now deprived by the pro-
visions of the present constitution
from voting. he has the ri ight to
tender himself for registration and
ior 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 its
denial. That suit can be carried