The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-20
THE CASE OF LEVER.
Whal the Elections Committee Have to
Say on the Suffrage Amendment.
(By the Associated Press.)

Washington, March 1S.-In making its
report today in favor of Mr.. Lever, in
the Dantzler-Leever contest, the Seventh
South Carolina district House Committee
on Elections No. takes the ground that
the investigation shows that Dantzler,
colored man, was not elected. At the
same time the committee 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 Carolina adopt
ed in 1895 was contrary to- the recOnstruc-
ton act of June %, 1868, readmitting
South Carolina and other States to rep
reservation in Congress, which contained
no provision as TO educational md prop
erty qualifications as fixed in the present
constitution and laws passed under it, He
averred that if certain citizens of his dis
trict had been allowed to vote under the
provisions of the act of 1868 he would
have been elected The report of the
committee passes over this claim by de-
claring 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 would be no one
chosen to fill the vacancy thus created I'M
til 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, as practically the same "funda-
mental conditions" exist in Virginia, North
Carolina, Georgia, Florida, Alabama,
Mississippi Louisiana Texas and Arkan-
sas. the House would be obliged to IN
seat almost all of the membership from
those States. until their constitutions
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 control Of the
decision as to the election qualification of
it's members, it is quite certain that Il
legislative body is not the ideal body to
pass judically upon the constitutonality
of the enactments OF other bodies. We
have in this country proper forum for the
decision of constitutional amendments
and other iudicia Questions.
eff any citizen of South Carolina who
by the provisions of the present constitu-
ton of that State Of 1868, is now deprived
by the provisions of the presetn costitu-
ton from voting he has the right to ten
der himself for registration and for vot-
ing, and in case his right is denied, to
bring suit in Il proper court for the pur-
pose CT enforcing his right, or recover
damage for it's denial That suit can be
carried by him, if necessary, to the SUI
preme Court of the United States. If the
Supreme Court of the United tSates shall
declare i'm such case that the fundamen-
tai conditions in the reconstruction acts
were valid and constitutional and the
State constitutions are in violation OF
those acts and hence invalid and uncon
stitutional, every State shall be COM
PEELED to Immediately bow in submission
to the decision. On the contrary the de-
cision of the House of Representatives
upon this grave judicial question 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"