The Montgomery advertiser., 1904-03-27
LET THE SOUTH ALONE
HOUSE OF REPRESENTATIVES,
 TO AVOID NEGRO PROBLEM.
Question Belongs to Court-southern Members Jubilant Over heporl Would Not Deprive South or Representation in House
 Pending Decision.

Pending Decision.
 -
 Washington Post.
 The House of Representatives formally decided yesterday to keep hands on the question of the Acknowledgement of the negro in Southern States. leaving that vexed problem to be judiciaily passed upon by the courts. The action was taken fin the contested election case of Dantzler against Lever, from the Seventh South CCarolina district, the House pass ing by a unanimous vote a resolution de- claring against the claim of the contest ant. zLk
 Dantzler, the contestant, is an aged plantation negros and though he received but 167 votes in the election, the contest was recognized because It. involved. the constitutionality of the Southern dis franchisement enactments The claim of the contestant was that ifshe was not elected, then no legal election had been held in the district, and the House should declare the seat vacant
 MT. Mann of Illinois, the chairman of Elections Committee No. l, prepared the report on the case. While the commit tee found that Dantzler' had not been elected. it refarined fromt1nding that Le- yer had been elected, allowing Lever to retain his seat in default of a sustained contest.
 The report. which was considered of so much importance that 1t was ordered printed in The Record-an unusual pro- ceeding-reviews, the history of recon struction legislation for the South and the subsequent enactments by Southern States calculated to disfranchise the ne- gro. MT. Mann announces that the com mittee is, divided in opinion as to whether these subsequent enactments are unconstitutional, but says majority of the committee are agreed that the House of Representatives. is not the place where this legal problem can properly be adju- dicated. The question, the repofe says, Is one properly belonging to the courts, and pending final decision by the United States Supreme Court, the committee does not believe Southern States should be deprived of representation in the House.
 Southern Members Jubilant.
 Members of the House from Southern States are jubilant over the stand taken by the committee, and to which the House has given its approval. They declare 1t means the South is to be allowed to work out the negro problem without the politi- cal interference of Congress.
 MT. Lever, in discussing the case, said: ''A he decision of the committee is a great victory for self-government in the South. It is the first time square-cut victory has been won in one of these contests. It means that not only will the negro not be allowed to dominate in South Carolina, but that the whole South is rescued from the peril of negro domi nation. It not only affects my seat, but it affects the seat of every member from every Southern State that has adopted a new constitution. All Southerners feel that they have bee nfairly and justly treated by the elections committee"
 The following is the full report of Chair man Mann as 1t was laid before the House yesterday:
 The Committee on Elections No. l. to whom were referred the contested election case of Alexander D. Dantzler vs. As- bury F. Lever, from the Seventh Con- gressional district of South Carolina, re- port as follow!
 At the Congressional election in the Seventh district of South Carolina on the 4th day of November, 1902, the contestant, Alexander D. Dantzler. received in said district the total numDer of 167 votes. The contestee. Asbury F. Lever, received A. 20 votes.
 Claim is Not Sustained.
 There is nothing in the record or in the case to sustain a claim that the con testant, Dantzler, was elected. It is in- disputable that if a legal election were held in the district, the contestee, Lever, was fairly elected.
 It Is urged on behalf of the contestant that no legal election was held in South Carolina. and the claim Is made that both the election laws and the constitu- ton of South Carolina, then and now in operation, are illegal, invalid, and uncon- stitutional because in direot conflict with the so-called reconstruction act of June 25, 1888. readmitting South aCrolina and other States to representation in Con- gress upon the condition:
 That the constitution of neither of said States shall ever be 50 amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote in said State who are entitled to vote by the constitution thereof herein recognized, except as a punishment for such crimes as are now felonies at common law, whereof they shall have been duly convicted under laws equally applicable to all the inhabi- tants of said State. Provided that any alteration of said constitution may be made with regard to the time and place of residence of voters"
 The constitution of South Carolina, re- ferred to in the reconstruction act of June 9, 1868. did not contain any educa- tional or property qualification of voters The constitution of South Carolina of 1895 (which was adpted and put into effect by a constitutional convention without a vote of the people adopting it). as well as the election laws adopted or passed in ac- cordance with 1t. contain educational and property qualifications
 Negroes Deprived of Vote.
 It is claimed that under the South Carolina constitution of 1895 and the cleo tion laws in force under 1t many citizens are deprived of the right to vote in said \ State who are and would be entitled to vote by the constitution of 1868 referred to in the reconstruction act of June 25, 1888 The South Carolina constitution of 1895 and the election laws under 1t are. therefore, claimed to be in direct con-