The Montgomery advertiser., 1904-03-27


 25, 1888, readmitting South Carolina to |
 representation in Congress upon the con | ditions therein named as fundamental | 1 conditions" Contestant claims thatif the citizens of | the Seventh Congressional District of | South Carolina who could have voted un- | | der the terms of the constitution of 1868 l had been permitted to vote, he would | have been elected, and he asserts that l maiy thousands of colored voters in the | Congressional district entitled to vote un- | der the constitution of 1888 were deprived |
 Of the right to vote under the educational | | and property qualifications of the con | | stitution of 1895.
 It is very plain that contestant was not | elected, but counsel for contestant insist | that if contestant was not elected then | no election was held, and that 1t Is the |
 duty of Congress to declare that no valid | i. election was held in South Carolna for | members of the Fifty-eighth Congress, | and therefore to unseat the contestee. It would seem that if no valid election | was held in the Seventh Congressional |
 District of South Carolina in November
 1902, and If the House of Representatives. |
 holding this view. should declare the seat
 from that district vacant, then noAelec-
 tion could be held to fill the vacancy until after the South Carolina constitution of
 1895 and the election laws under 1t had
 benechanged. This would necessarily in- volve the entire lack of representation from the district for a considerable period | of time, s I | Many Seats Are Involved.
 If the Seventh District of South Caro- | lima were the only district involved, 1t | might be proper for the Committee on
 Elections as well as for the House itself. to put on record its opinion in the case, | .H~ zkz~1l .NA NnA nn that opinion might run, the contestee. But the reconstruction acts were not con l fined to South Carolina. Practically the same Fundamental conditions are found | in the acts readmitting Virginia, North Carolina Georgia, Floirda, Alabama. Mis- sissippi. Louisiana, Texas. and Arkansas | to representation in Congress. Most of | these States have adopted new consti- | tutions said to be in conflict with the | terms and provisions of the reconstruc- tion acts readmitting them to represen. | tation in Congress. It follows, therefore, quite logically. l that if the House should unseat the con | testee on the ground that no valid election
 was held, or could be held in his district. | under the present constitution and elec-
 tion laws of South Carolina, similar | construction would require the House. | in the case of contest, to unseat all the
 members from South Carolina and from
 most of the other Southern States, and | that new elections could not be held to | fill the vacancies until the respective | constitutions of these States had been l changed so as to comply with the recon | struction acts. | and validity of the constitution and cleo I tion laws of South Carolina, therefore. | in its effect upon the membership of this l House Is one of far-reaching importance. | It involves in it's outcome the right of very large number of members of the | House to their seats. But the decision or | the House against the contestee in this case would have no binding force in South | Carolina except in this particular case. | It probably would not be followed or | obeyed by the State of South Carolina
 except in this particular case. Not an Ideal Tribunal. However desirable 1t may be for leg l islative body to retain control of the decision as to the election and qualifica- ton of its members, it Is quite certain that a legislative body is not the ideal l | body to pass Judicially upon the consti- | nationality of the enactments of other l
 bodies. We have in this country proper | forum for the decision of constitutional |
 and other judicial questions. If any citi- !
 zen of South Carolina. who was entitled | l to vote, under the constitution of that l State of 1888, Is now deprived by the pro visions of the present constitution from | voting. he has the right to- tender him self for registration and voting and In | case his right is denied, to bring suit in | a proper court for the purpose of enforc- | ing his right or recovering damages for | its denial. That suit can be carried by | him, If necessary. to the Supreme Court | of the United States. If the United States |
 Supreme Court shall declare in such caso | that the Fundamental conditions' in the | reconstruction acts were valid and con
 stitutional, and that the State constitu- tions are in violation of those acts and
 hence invalid and unconstitutional. every
 State will be compelled to immediately
 bow in submission to the decision. The
 decision of the Supreme Court would be
 binding and would be a positive declara-
 ton of the law of the land which could
 not be denied or challenged.
 On the contrary. the decision of the
 House of Representative on this grave
 judicial question would not be considered
 as binding or effective in any case except
 in the one acted upon. or as precedent
 for future action in the House itself.
 A majority of the Committee on Elec-
 tions No. 1 doubt the propriety in any event of denying these Southern States
 of representation in the House of Repre-
 sentatives pending a final settlement of
 the WnOle question III pTOpeT pIOCeeulnSS by the Supreme Court of the United
 States Some of the members of the com
 mittee believe the "fundamental condi-
 tlons'' set forth in the reconstruction acts
 to be valid and the constitutions and cleo
 tion laws of these States to be in con
 fiict with such conditions and hence in-
 valid. Some of the members of the com
 mittee believe the Fundamental condl-
 tions'' set forth in the reconstruction
 Cfe fO hA tnNFo nd khA HOV,a | and election laws of States claimed to be
 in conflict with such conditions to be
 valid. Some members of the committee
 have formed no opinion and express no
 belief upon the subject.
 Your Committee on Elections No 1.
 therefore. respectfully recommend the
 adoption of the following resolution:
 Resolved. That Alexander D. Dantzler
 was not elected a member of the Fifty
 eighth Congress from the Seventh Com
 gresslonal District of South Carolina, and
 Is not entitled to a seat therein.