The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-06-14

right TO make that investigation, and II the courts
have not jurisdiction in the matter he Mr. Hen
dricks would cheerfuly vote to give it them but IN
the meantime the prinaa Jacie case should stand.
AT the expiration OF the morning hour Mr.. NOR
RILI, rep) OF Vt, moved to postpone the special
order the Bank bill until Monday, ct one O'Clock,
The Senate then again took up the bill first under
Mr. DAVIS ofrered the following amendment:-
And BE- further enacted That the Mayor o. The city OF
profit he United States in he Dssrics q
Mr. DAVIS said that he did not know how many
ofices the Mayor holds except that ne Ia the Post
master Of washington and clerk Of the Senate.
dsbursng clerk OF the Senate, but had resigned the
ONCE. He said II the President thinks the 0fces Of
Mayor and Postmaster Incompatible he can make
Mr.. DAVIS asked how many onices the Mayor has
Mr.. HARLAN inquired whether the Information
would guide the Senator in his vote. lLaughter.)
Mr.. DAVIS replied in the negative. He thought the
Mr.. HARLAN was OF the opinion that II any man
could discharge the duties OF two Mr.. Bowen can,
paying high tribute to the character Of that gentle
Mr.. HENDRICKS pronounced it contrary to the
democratic principle that no man should hold two
Mr.. THAYER, (rep.) OF Neb., suggested the amend
ment was reflection on the President who has the
Mr.. HENDRICKs asked If the Senator did not con.
slider the Tenure OF once law constitutional:
r.. presumed SeQa-
tor should be consistent with his own action.
In reply to question Of Mr.. Fessenden, trep) Of
Me-, Mr.. HARLAN explained that the present law re.
qures for the Mayor only the certificate Of the Com
missoners Of Election to the Councils prior tax
ing the oath Of oce for Council Boards their cert-
election, which had been done in this case.
Mr. DAVIS withdrew his amendment and offered
another forbidaing the Mayor to receive pay or
More debate ensued, wherein Mr.. FEssENDEN con-
demned the action OF the Commissioners Of Election
In marking and throwing out the votes Of the
Mr. HENDRICKS called the yeas and nays saying he
would like to know the judgment of the Senate on
the principle of holding more than one once whether
II 10 to be abolished.
Mr. NYE, (rep) Of New, said Senators had the cor
rective power in their own hands; that they had
great claims upon their great leader, and could,
doubtless persuade him to make change.
Mr. THAYER, in the same spirit appealed to demo-
cratic Senators not to thus reflect upon the Presi-
dent.
Mr. HENDRICKS replied that he perceived the Sena-
tor does not regard tho Tenure Of ONCE bill as hav
ing been constitutional after ALL since he was Of the
opinion that the President turn men out Of oce.
He reiterated that democratic law still stands upon
the statute book forbidding any man nom receiving
salaries for two offices by federal appointment thus
establishing the principle
Mr.. NYE denied that that law was passed by DEM
ocratlc votes. He asked the Senator II there Is not
the same improperly in being nominated for two Of
noes at the same time and whether there should not
ter For instance he said, take the offices Of Gov
ernor and President. 1t seems to me to be against
the spirit Of that all democratic law Qaughter.)
Mr.. THAYER added that he still held the opinion
expressed by him that the President has power to
remove officers, but reminded the Senator from lndi
ana CMr Hendricks that q few weeks ago he had
voted In favor OF the contrary view, which was,
fact, the decision of the Senate
Mr. DAVIS asked if the Senate acquitted on that de-
cisiOnf
Mr.. THAyER said 1t most emphatically did not. He
pointed out that thirtyve Senators had pronounced
against 1t, and again suggested that the majority
should not take view opposite to that which they
then held
Mr.. HENDRICKS asked whether the Senator admit
ted the right of the President to remove the Post
master Of Washington,
Mr.. THAYER replied In the negative.
Mr.. NYE said that nothing in the law prevents 1t
since the term OF Bowen expired in March last
Mr.. MORTON, (rep.) Of Ind asked Mr.. Harlan what
officers now have the right to certify as to the VOTE
and whether there is now any provision by which
contested election can be tried.
Mr.. HARLAN read the law, and explained that in
given other than that Of Commissioners of Election
for each ward TO each OF the Council Boards, where
upon he is required to take the oath OF office.
Mr.. FEssENDEN-D0es not the outgoing Mayor give
the certlfcateY
Mr.. HARLAN-Not at all, sir. He proceeded to say
that in the of the members OF the Council Boards
the returns are to be made to the Register, whose
duty it is to notify each party of his election.
Mr.. FEssENDEN-EIas that been dOneS
Mr.. HARLAN-That has been done on this occa-
sion.
Mr.. DAVIS asked why, when there was contested
election, one candidate being installed the other
should be denied the right Of appeal to the courts.
Mr. HARLAN replied that that was the very thing
Mr. DAVIS asked further why not leave the parties
to their Drtrna dcte rights under the laws existing
when the election took place instead Of intervening
other evidence.
Mr.. HARLAN repeated that the bill provides the
remedy described by the Senator allowing those
hitting the other claimants to contest In the Su-
preme Court Of the District.
Mr.. BUCKALEw, (dem.) Of Pa, explained that Mr..
Bowen had been appointed Disbursing Clerk only
during the investigation OF the accounts Of the Secre
tary Of the Senate, and only holds the Post ONCE
a Z
Mr.. DAVIS then withdrew his amendment by con-
sent, and offered the following
And be further enacted That the Mayor OF Washington
shall not receive the emoumens any other Oce
He said the Mayor could thus hold another office
al interim, as in the case Of the Secretary OF the In
terror acting as Attorney General.
Mr.. FEssENDEN said he understood that the duty
OF the commissioners OF Elections was simply TO
receive and return the votes Certain OF them after
receiving the votes according to the list, made a
return accordingly but the next day they undertook
to purge the list and made new and different
return, assuming to strike out the votes cast Illegally
and giving certificate OF election which gives the
office Drisd fdcie to others than those first returned
Mr; HARkAN explained tnat after the registry was
defining the qualifications OF voters, restrict
ing voting by soldiers in the regular army
have resided in the District for Que year
before the election. lie further explained that
on the day OF the election number OF soldiers prn.
cipally OF the Twelfth infantry presented themselves
at the Fifth ward and voted, having been previously
registered the judges OF election marking the votes
to be legal vOes that at the conclusion OF the cleo
ton the result was certified, but on close examna-
ton IL was ascertaned that these votes would change
the result OF the election, and that after careful
count OF the votes OF soldiers whO'had not been in
the District OF Columbia for year they carried the
result to the Register Of the city, and the Register
then issued his certificate to the parties.
Mr. IENDRIcksIWas the vote by ballot, and II So
how did anybody know how these parties votedf
Mr.. HARLAN-The easiest thing in the world. BY
checking the ballot
Mr.. HENDRICKs-was the ballot checkedP
Mr.. HARLAN-I understand 40. BelieyinU that the
party was not legal voter under the law, they re-
ceved IL and marked the check list Of regular votes
Mr.. HENDRICKs-Was there any authority Of law
for 80 doingS
Mr.. HARLAN-I am unable to answer that question:
Mr.. FEssENDEN asked whether the registers and
the commissioners making the certificates were the
same or different persons2
Mr.. Observation-Disclosures persons.
Mr.. FEssENDEN then inquired how commissioners
who are merely to receive votes can 60 behind and
check ballots and mark listsY
Mr.. HOWE, (rep.) Of Wis, asked under what law
they could be prohibited from SO identifying the
vOtcsY