New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-03
NEW HdMPSHIRE,

The Democratic Governor ana council Oh
New Hampshire carried out yesterday the plan,
which has been the subject of so much discus
sion of late, for giving the Democrats o
majority in the Senate of that State, and secur-
ing to the party that branch of the Legislature.
The House of Representatives was organized
without any disturbance or any question arising
as to the rights of members to seats; the
Republican candidates for tho Speaker
ship and other offices having clear
majority Of the votes cast, and being
declared elected without dispute. In the
Senate the Governor and Council, who under
the Constitution are q Board Of Canvassers
of the votes for Senators, reported as elected
the Democratic candidates in the Hid and WITH
Dstricts-the disputed ones-thus giving the
Democrats seven of the twelve Senator'S
majority in that body Of two. The five
Republican Senators, after protesting against
the action of the Governor and Council, and
denying the right of the two Senator's Mcssrs.
Priest and Proctor, to seats, Withdrew and
organized independently. So that, as the
matter now stands, the House is organized and
ready for business, and the Senate is at a
deadlock over the two contested seats. The
Republican proposition for settlement is to
refer the question Of the right of the Gov
ernor and Council to declare Priest and Proctor
elected to the three Judges of the Supreme
Court two of whom are Democrats. The
Democrats offer to refer the question, not of
the right of the canvasscrs to declare these men
elected, but Of the legality of their election, to
tho Court The distinction between these
two propositions lies in the fact that a decision
upon the legality of the action of the can
vassers if adverse will yiiiate the proceedings
already had by which the Democrats have Sc
cured the organization, while decision by
the Court upon the legality of the cleo
ton of Mcssrs. Priest and Proctor would,
if adverse, only have the effect to I'M
seat them, leaving the organization as
effected by their votes. In other words, the
Democrats do not propose to take the risk of
losing the little they have got, even though it
should be decided that they had obtained it
Illegally and wronpfully. 1t is simply contin-
uation of the original shJstering.
There has been good deal of discussion of
this case, some of il quite warm and mostly
from the point of view of mere partisanship.
The facts are simply these. The Constitution
of the State provides that a majority of
all the votes cast shall be necessary for
the election of Senators. The Democratic
candidates Priest and Proctor had each in his
district plurality only. The claim of the Re-
publcans is simply that there was no election
in either case. In order to give the Demo-
cratic candidates majority tho canyassers
decided that there Was no such man as "Natt
Head, he having been chrstencd Nathaniel
and SO threw out all the votes east for
him. In the other district they decided that
the Prohibition candidate was not eligible,
he rot having resided in the State sufficient
length of time, and so they threw out
all the votes cast for him. They appeal
in justification of this proceeding to stat
ute laws regulating elections and defining
the qualifications for Senators. But as these
onactments relate only to the action of the
two bodies which by law are made the judges
Of the returns, elections, and qualifications of
their own members, and not to the Board of
Canvassers, it will be seen that it is
only prctext. The duties Of the Gov
ernor and Council, acting as Canvassers, are
defined in the Constitution, Part ILL.,, Art.
XXXIII., which is as follows:
And that there may be due meeting Of Senators on
the frat Wednesday June annually the Governor and
majority Of the Council for the time being shall soon
~ may be- cToDns the returned copes Of such records And
fourteen days beoie the first Wednesday In June he shall
issue his such appear 10 he chosen
Senators Gy n9joty Of totcs To attend nd take their
seats on that day.
The duties Of the Governor and Council are
here 80 plainly pointed out that any mistake
rs to the meaning Of this provision would
seem TO he impossible. They are to examine,
wlatg "The returned copies Of the records"
sent in by the Town Clerks; and the Governor
is required TO issue his summons to such per-
sons as appear 0rOm such returned copics)
to be chosen. They have 10 power by
this Article to usurp the prerogative
of the Senate and 90 behind the returns to in
auire as to the character of the election or the
qualifications of the candidates. But in addi-
ton to this the Supreme Court of New llamp-
shire. in the case of Bell against Pike, have
settled this very point, declaring in 80 many
words that the Governor and Council "are
charged with little more than the minis
teral duty Of Il board of canvassefs to count
"and declare the result of the vote" That
little more the Court decided to be, only to
inquire so far rs to ascertain that the
Town Clerks return corrcsponded with the
declaration of the votes by the Modera-
tor in open town meeting. Judge Ladd
Ga DemocIat-al the other judges cOncuiTing)
decided in this case that the Governor and
Council could not 90 behind Hc declaration o.
the Moderator, even to count nine votes that
were given to Mr.. Bell in the town of Hop
kinton, but were not declared by the Modera-
tor, and which if counted would have given
him the election.
There cannot be any reasonable doubt upon
this question in view of the provision of the
Constitution cited above, and the prccedcnts