The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1904-03-23
DANTZLER LOSES HIS SEAT.

DANTZLER LOSES HIS SEAT.
Lever Remains just as Though No
Question Had Been Raised.
A special from Washington to The
State says the house was in session
little over three hours Thursday, an
early adjournment being taken to per-
NIT the members to make trip to
the site Of the proposed Jamestown
exposition. The house agreed to the
report Of the committee on elections
No. declaring that Alexander D.
Daptzler, contestant, was not elected
to congress from the Seventh district
Of South Carolina. Also that Julius
Kahn, contestant, was not elected
from the Fourth California district;
also that James N. Moody, contest
ant. was not elected from the Tenth
districtof North Carolina. This con-
firms the titles Of Representatives
Lever, Livernash and Gudger IN their
seats.
The house adjourned until Monday.
A NEGATIVE POSITION.
In making it's report Thursday IN
favor of Lever, in the Dantzler-LeVer
contest from the Seventh South Caro-
lin district, house committee on cleo
tions No. takes the ground that the
Investigation shows that Dantzler, q
colored mao, was not elected. At
the same time the committee refuses
to say that Lever was elected and the
report leaves b N in the same pcsltIt
as il no contest had been made.
The basis Of Dlntz'er's claim was
that the constitution OF South Caro-
lima adopted in 1895 was contrary ec
the reconst uction act Of June 25,
1858, readmitting South Carolina and
other States to representation in con-
gress, which contained no provision
as to educational and property qualih-
cation as fixed in the present con-
stitution and laws passed under it..
He agerred that if certain citizens OF
his district had been allowed to vote
under the provisions Of the act OF
1868 be would have been elected.
The report Of the committee passed
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 fill the vacancy thus creatcd
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
report goes on to say that as pract!'
cally the same fundamental condi'
tions' exist in Virginia, North Care.
lima, Georgia, Florida, Alabama, Mis-.
sissippi, Louisiana, Texas and Arkan
sas, the house would be obliged to un
seat almost all Of the membership
from those States, until their consti
tutions should be changed so as Il
comply with the Reconstruction act
NOT A JUDICIAL BODY.
However desirable it may be for
legislative body to retain control o
the decision as 10 the election ant
qualification of it's members, it i:
quite certain that a legislative bod!
is not the ideal body to pass judicial!
upon the constitutionality OF the en-
actments of other bodies. We haV'
in this country proper forum for th'
decision of constitutional and othe
judicial questions. If any citizen o
South Carolina who was entitled Il
vote under the constitution Of tina
State of 1868 is now deprived by tn
provision Of the present constitution
from voting he has the right to tende
himself for registration and for Votln'
and in case his right is denied, tx
bring suit in a proper court for th
purpose of enforcing his right, or re
cover damage for it's denial. Tha
suit can be carried by him, II neces
, sary, to the supreme court OF tn
; United States. II the supreme cour'
, of the United States shall declare II
! such case that the fundamental con
, ditions in the reconstruction acts Wer
valid and constitutional and the Stat
constitutions Are in violation Of thos
. acts and hence invalid and unconsti
tional, every State shall be compelle'
! to Immediately bow il submission t
the decision. On the contrary th
> decision Of the house Of representa-
! tives upon this grave Judicial queS
tion would not be considered as bind
ing or effective in any case except th
one acted upon or as a precedent 70
the future action in the house itself.