New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-19
NEGRO NOT ELECTED.
But the House Refuses to Pass on
DlstranchjScment IN the South.

Washington. March 1S--The House to-day agreed
I" Tho report Of the Committee on Elections No !
declaring that Alexander D. Dant.ler contestant
was not elected to Congress from the With South
carolina District that Julius Kahn contestant
was not elected from the IVJh California District.
and that James Moody contestant was not
erected from the Nth North Carolina District This
confirms the titles of Representatives Lever Liver
nash and GudGer 10 their seats
In making its report I'm favor OF Mr.. Lever the
committee on Elections took the ground that the
investigation showed that Dantzler. a colored man.
was not elected. At the time me commit tee
refused TO say that Lever was elected and the re-
port left him in the same position as If contest
had been MADE. The committee drew the COnclu-
sion that If it ruled the Acknowledgement the
colored voters and declared Lever not elected on
That ground tho decision would be a precedent for
unseaung nearly every member Of the House from
several Southern States. which # names.
The basis OF pantzIcr's claim that the con-
sttutIoE OF South Carolina, adopted al -S95. was
contrary TO the Reconstruction act Of June p.
SOS. readmittirg South Carolina and other States
L. representation iu Congress. which contained
ND provision FOR educational and property quail
iucatons as fixed I'm the present state cursti-
tuition and laws passed under it. He asserted that
Il certain citizens Of his district had been allowed
to vote under the provisions OF the act Of l>bN he
would have been elected. The report Of the com
mittoe passes over this claim 10y declaring II TO
bee Plain that Dantzler no: elected. buJ II goes
say thar e. the House should declare tina,
there was no valid election one could be chosen
to all the vacancy thus created until lhe lolst-
tuition and election laws Of the State should be
changed II the House should declare she sea
vacant, and thus set "A precedent, the report goes
on to say that as practically the same "fuUda-
mental conditions exist III Virginia. North Caro-
lima. Georgia Florida Alabama. Mississippi. Loui~-
ana. Texas and Arkansas. the House would be
obliged to unseat almost all OF the membership
from those States until their constitutions mad
been changed 80 TO comply wiki the Keco?-
struction act Continuing. the report says;
However desirabI Il may BE- for a legislative
body to retain control @ the decision TO the
election and qualification OF its members IL Is quite
certain that legislative body is not the ideal body
euactments Of other bodies. We have an this cOuu-
Try a proper forum for the decision OF conStltu-
uonal ana other judicial questions. II any 'Inz'u
OF South carolina who was enuttrd 10 N''e uil'l
the constitution that State Of s Is now deprived
by the provisions Of the present constitution from
voting. ne has ine ilShI To tenh'T niinSeil 10!
registration and COR voting. and. in case his right
IS denied. 10 bring suit I'm proper court for IN"
purpose or enforcing MS right or recover damage
for its denial That suit can be carried by him. II
necessary. the supreme Court of the United
states IL the Supreme Court OF the United States
Conditions in the Reconstruction acts were valid
and constitutional. ana the state constitutions are
unconstitutional every state viii bc compelled To-
Immediately bow ia submission TO the decision on
sentatves upon this grave judicial question would
not be considered binding or effective in any
case except the one acted upon. or as a precedent
for future action in the House itself
The cases involving tho suffrage provisions of the
new constitution OF Virginia reached in the
call Of the United States Supreme Court to-day
as the court viii meet again TO hear argu-
ments until April the hearing in those cases was
postponed until that date They viii be placed at
the head Of the call.