The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-08
Will. |. CONTEST [: J. !
Il He /: LOSES ( S
Said to be the Purpose Of the
President to Pursue This
Course if Beaten.
GO TO CONGRESS OR COURTS.
By Walter Edward Harris.

Especial From Staff Corrcspondent)
NEW. YORK, November 7..----Thcrc is
scarcely doubt that If President Roose-
welt is defeated tomorrow he will con-
test the election. There is positive ground
for the assertion that should Judge Park
er be elected on the face of the returns
it Is the sintention OF Mr.. Roosevelt to
carry tho case to Congress, and. prob
ably the courts, eventually, and thus
create something like q parallel Of the
gTilden.Hayes situation. y
1t has been learned that Mr.. Roose-
Welt has said that If the Democratic ma
tional ticket should receive a Eprma facie
majority III tho electoral college, he will
dispute the result BY raising the question
of the constitutlonality Of the election a $
held dn Southern States.
( 1t will be contended that In those States
which have adopted now Constitutions IN
recent years. tho election was not held
/ In accordance with the Federal Constl-
tuition, owing to the exclusion OF practi-
tcally all negroes from the electorate. On
this ground the election held In every
State OF the South. save Florida, Geor-
gi;i and Texas, could DO contested. The
President lids said privately that tho
Supreme Court Of tho United States
has never passed directly upon the ques-
t!on OF the constltutionnl!ty Of the pro-
visions of the Constitutions of the States
which have sought to eliminate the ne
gro from the electorate. There arc many
southern lawyers who take the same
view.
Tho exact course which the President
would pursue In case OF the election OF
Judge Parker can only be speculated
upon, 1t Is presumed that action would
,,,tt f1,a rnnu co
came to go through the formality OF
counting the returns and declaring the re-
suit of the election POSSIBLY recourse
tn the courts might be had Immediately
after the election. y$
The House Of Representatives would al
most certainly de Democratic In case OF
tho election of a Democratic President,
but the new Congress would not be seat
cd until tho 4th of March, 1905. a Repub-
l!can Senate will count the election re-
turns.
There are only three Democrats on the
Supreme Court bench, There Is no doubt
that in deciding cases growing out OF tho
suffrage clauses of tho new constitutions
OF certain Southern States. the court has
caused many to believe 1t was not dis
posed to construe the Federal Consti-
tuition with great strIctness, Nor Is 1t be-
I, lieyed that the count would render q par
tisnn decision
But 1t has not been forgotten that AS
sociate Justice Bradley, as member OF the
Joint High Commission to decide whether
Tllden or Hayes wns elected President
OF tho United States utterly failed to
rise above partisanry. and voted with the
seyen Republican members Of tho COM
mission on every question raised.
There are many chances that Mr..
Roosevelt will not have an opportunity to
contest the result of the election, or will
not be reduced to the necessity Of doing
so. but there Is authority for tie positive
assertion that his mind is made up to
carry the matter to tho courts II Judge
Parker Is elected on the face Of the re-
turns.