Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1906-03-31
Smith To HOLD SEAT
Action In Texas Case Makes Course OF
House In Maryland Contest Certain.

Washington, March "a. That Con-
gresham Thomas A. Smith, Democra-
tic member of the House Of Representa-
tives from the First Maryland district,
will retain his seat the entire term of
the Fifty-ninth Congress. and that for
mer Representative William +. Jackson
will be declared mot elected" seems
assured by the action of House Elections
Committee No. 3 today in the Houston
Brooks CTeXasJ contest. If this proves
true, Mr.. Smith will have TO thank the
policy which, apparently. the Republi-
can organization of the House has de-
termined shall be followed in all contest
ed elections cases coming from South
ern States. This policy is not to say
that either the contestant or contestee
is elected, but simply to declare the CON
testant mot elected" 1t was inaugu-
rated last year by House Elections Com
mittee No. /.
The Republicans, it is believed. are
now engaged in laying the groundwork
upon which contests in Southern Con-
gressional districts can be based after
the elections next fall. While Repub-
lican members think that the Sixtieth
Congress will be Republican. they admit
that their majority probably will be
small. and that there is even a POSSIBLE
ity of a Democratic House. In such
case. contests will be inaugurated gen
orally throughout those Southern States
which have placed DISTINGUISHING laws
of one kind or another on their statute
books. The courts. however, and not
Congress. will be appealed to. The
House, having refused To pass upon the
Consttutionality of DISTINGUISHING pro-
visions, as in the Houston Brooks case
judicial procedure will become the only
means of relief left To the contestants.
In this way it is hoped TO have speedy
decision from the United States SUI
preme Court which the Republicans gen
orally contend undoubtedly will declare
the grandfather clause and similar eX-
pedients now in vogue in Maryland and
elsewhere unconstitutional.
While it appears Ia he the policy of
the Republican leaders To have as little
agitation of the matter at this time as
possible, the whole subject bids fair to
be threshed out on the floor of the
House at this session, when the Ilous-
ton Brooks ease is brought up for de-
bate Representative Cassell of Penn
sylvania made the motion in committee
that Houston. who is the contestant
and "A Republican, be declared mot
elected. " Representative Randell.
Democrat of Texas advocated an
amendment declaring Mr. Brooks
elected. =" The Cassell resolution was
adopted unanimously. Mr.. Gill voted
to declare Brooks elected and entitled
Ia his seat.
This action will undoubtedly precipi
tate general debate, in which, il is
understood. Congressman Mudd will
take occasion to state some plain facts
about the Maryland election laws. es-
pecially as applied to his district in
Southern Maryland.
The developments of today seem to
throw some light on the sudden interest
manifested the other day by Represen-
tative Miller of Kansas in certain pha-
SEES of the Maryland election laws. This
was during the counting of the marked
ballots from Somerset county by the
subcommittee, of which he is the chair
man. They explain also, apparently,
the lack of information on the part Of
Mr. Talbot of Maryland about the re-
cess taken by the subcommittee, Mr.
Talbot told members of the House
that the first knowledge he had of the
recess was when he read about il in the
NcwS. II is possible that, realizing that
Mr.. Smith would retain his seat If Mr..
Jackson was declared mot elected,
Mr.. Talbot did not wish to appear as
knowing too much about the reasons
for Mr.. Miller's request for a postpone
ment.