Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-09-02

ings. I thought you had given up
speaking from the floor Of the senate,
anyhow. What bad Ak South
Carolina would be in II you decided not
to raise your eloquent voice in the
senate. Would Blease go there with a
clean bill Of health simply because
your health was bad? Would your Ia
bored distinction be enough to leave
his seat uncontested? want to tell
you that though have no voice upon
the floor of the senate, II you will show
your good faith and keep your word by
assisting me as you did in your letter
of May 18th, by using your influence
with both members of the house and
senate I will do my utmost when the
/ Blease time comes, II the facts war
rant 1t, to present as strong cas- In
Washington against him as 1 am now
ready to present against Whaley. This
alleged distinction, senator, will not do.
1t will not go down. The whole pro-
cedure that you suggest amounts sim
ply to compounding felony. In your
heart you know that Whaley Is guilty.
In q recent newspaper interview, you
almost said so. Was your interview
intended to dishonor South Carolina? :?
| OF course not. Out Of the fullness OF
your heart, your mouth spoke. which
is always a good thing. But 1t would
be striking at the vitals Of govern
ment for q senator to have daily OFF,
| cial dealings with an alleged congress-
man, while he knew deep down in his
heart that he was no congressman at
all, but that he was corruptionist
and perjuror. You are compelled to
speak and to act, or you will be par
ticeps criminals You will be an ac-
cessory after the fact, regardless Of the
future of what the Democratic party
may do, and the legislature may do.
| You are now dealing with the past,
and you have no right to cover 1t up;
and appeal to you In the name Of
| South Carolina. Consider the facts:
George Legare died; there was a has
ty, pell nell, precipitate primary. Half
the time before that primary. because
of a conflict between the governor and
the state Democratic committee, 1t was
uncertain whether or not the election
would be held before or after the pri-
mary. AS a matter Of fact the cleo
ton was fixed for date before the
primary. That was the ridiculous ex-
tent to which we had come. Then
there had to be meeting Of the exc
cutive committee, and the date Of the
primary was pushed forward until sub
stantially no time remained. The pri-
mary was held only about two weeks
before the election. In the midst OF
It all, primary, election and the swear
ing in Of Mr.. Whaley few days there
after, there was the greatest confusion
and debauchery. There was no time
for redress within the state. There was
no time before he took his oath Of Of
| fee. You know 1t. You know that
while I was in Washington, and you
were pretending to help me, Mr.. Wha-
ley was rushing his certificate of elec--
ton so that he might take his false
oath and be seated before the machin-
cry of justice could be stirred. But
great rights and great principles GER
tainly cannot depend upon the haste
Of action. The only question is: Is
Mr.. Whaley rightfully entitled to his
seat?
But you are also equally muddled
about fixing the law so as to prevent
such a thing in future. You talk as II
no laws existed. Turn to the Criminal
Code Of South Carolina. There Is a
whole subchapter devoted to laws
meant to meet the Whaley case with
this one exception; that they do not
provide for a forfeiture Of his seat.
Twenty one sections define and de-
scribe crimes against elections cover
ing, every imaginable corrupt practice,
enacted, many of them, years and
years ago; but ineficacious and as in
nocuous as law against the rise of
the tides unless they be supplemented
| by one small law, the law Of restitution
and that is, that the thief and the per-
jurer shall restore to the people the
election which he stole. So far as the
| law is concerned, that Is the only
amendment would suggest. And 1t
would be nothing but what nearly all
other states have passed, and what
from the beginning Of time has been
the basis of all law, that the injured
party shall be placed as nearly as pos
| sible in his original status. There Is
penalty against larceny. 1t is also
fact and the law that II the stolen
goods can be located, they will be re-
| turned to the owner In this case the
stolen property has been located and
Mr.. Whaley Is sitting on 1t. 1t does not
| belong to Mr. Whaley but to the people
Of the First Congressional district OF
South Carolina. 1t should be handed
back to them so that they, and not
you, in your discretion and for your
political convenience, might say to
what good man they shall for time
entrust it. But even with the state
law amended, all future cases like Mr..
Whaley's would have to be tried In
Washington. Congress Is the sole tri-
bunal; so that even these convenient
theories of yours fall to the ground.
Washington, under the Constitution, Is
still the place, and what you would
call washing our linen in public"
would still have to be done, in the lit
eral meaning Of the word, in the only
legal washing town.
am enclosing you copy of the
case of Gill against Catlin, which I
would ask you to return upon reading.
That was q case where the law Of Mis-
souri, provided that congressman
| should be ousted II they exceeded the
legal maximums Of expenses. The oust-
ing was in congress, not In Missouri.
The washing Of Missouri's linen was
done there; and 1t was this law that
the act of congress was fashioned af-
| ter. Missouri is still proud state, and
/ ~ -