The New York herald., 1876-11-25


that case Mr. corbin would not be responsible. did
not agree with the Court in tho original order do
agree ms to these rules against the Board, for
l feel IL is my clear duty to vindicatc the
law and the dignity OF this Court by seeing that ts
mandates are oDeyed Unless the Board and It's coun
sci show this has not been guilty OF this
contempt and that their conduct has been legal aud
proper l. for one OF this Court will that proper
punshmen nj is meted aud tho dignity Of the law
properly preserved ani vindicated"
This announcement from the colorsd member OF the
Court produced sensation
Mr. Corblu then saia that he had just noticed ho
camo into court that the writ Of mandamus required
return from tho Board showing what IL had done in
obedience 10 The writ
The Chief Justice said -sTbe writ has been served
forty eight hours ago. You required to return
forthwith what you have done The time has been
fully long you entitled 10. and the Court
now to know II you prepared to make the
| return"
Associate Justice willard-"Mr. Corbn. the matter
is very simple Has tue Board obeyed tho writ or has
IL nots That IL the only question You arc the coun-
sci present in court and you must know"
Mr. Corbln--"I do not know am not prepared TO
answer shc inquiry Of the Court"
Justice wiiiard-'sThen, Mr.. Corbn. a. you are not
prepared to answer wri. which requires an answer
forthwith the Court will proceed the rules"
Mr. Corbin-"I will say that the Board have obeyed
the writ"
Justice wilard-.'Then Il that is true that ends
the matter and contempt has ocen committed"
Mr. Corbin-"what mean to say is that, IN my
opinion, the Board have obeyed the mandate Of the
Court Tor as they legally can DO So That 10 what
mean. The Board having adjourned, Is not competent
10 act further"
Justice w,llard-"rhe Board being In court cannot
has tifAd eui-
cide.
Mr. Corbin-wcll then u has committed suicide.
Justice willard-.That is triling with the Court
Nothing physical suicide Of the individual persons
composing the Board take them out OF the jurs.
dction OF this Court"
Al this a general suppressed "umph' ran through
the room, emanaling from the negroeA
Tho Chef Justice then called General Conner 70
proceed wnen he offered order directing the Sec
retary Of State tho certificates to the
bers OF the Legislature which the Board had
dored 10 Issue.
Tue Chief Justice-"Mr Couner. the Court docs not
how this will do
Justice WiiIard-''This is not regular. You have no
right 70 such order Your remedy is by fnanda-
mus and you must proceed in the regular manner"
Mr. Conner--"Wcll, We will alter order into an
order TO show cause why pcremptory mandamus
shall issue. THIS done and ths order The
Secretary OF State was made returnable at
four p. NJ Also, Wednesday, the Court
mad entered order directing the Board
TO show why mandamus should not IT,
10 them 10 count the votes for electors by tho
county canvasscrs returns amended and corrected
by the precinct managers returns all OF which by law
were IN tnelr hands, and report the differences be-
tween them. "
RESULT DESIRED CORRECTION
1t is known that whom correction 10 made at least
two, and probably three, Tden electors will be
elected This proceeding, therefore, great point
in the contest II the Court compelled the count Of
asked for by the democrats II would the
election OF two, may be three, Tideu electors; II
the refused the Hayes electors eeced.
The county canvassers' returns elected tho
Hayes men, but the precinct managers' return elect
two or three Tilden men, They show $50 votes
cast for Hayes and Wheeler and 250 voles cast Tor
Tilden and Hendricks ana also show precinct returns
from polling places unknown TO the law and which tho
democrats charge bogus and manufactured Tor the
purpose The democrats allege that they frauds.
The fact Is beyond doubt that $50 for
Hayes and $50 for Tilden and that the state
have counted all these votos they had been
cast for the Hayes and Tilden electors
RETURN BOARD
To this motion the rection Of this
count. Mr. Corbn, for the individual members OF tho
Board submitted printed roturn, stating that It had
gono out Of existence the time gvon by law for
ing the vote having expired
Justice Willard-"Mr Corbiu, do you mean TO rest
your clients case on such defence as thar"
Mr. Corbin-"we think that this IS sufficient de.
fence and that It will appear to the Court before
this ends"
Justice Wllard-'sThen you assume grave RESPONSE
bility. any snap judgment 10 sought 10 be obtained
by tho respondents in this cause on purely technical
ground It will be At their own peril II. alter this
notice. the respondents their counsel propose 10
rely any defence and 1t should fail they
must take the responsibility. The consequences
be with thsm.n
MIR. corbin-sws thought that We could make this
defence and II II fail wo might then put in another"
Justice ward-"The Court has never known an
instance Of such q count being allowed whom II was
intimated by counsel in the beginning'
Mr.. Corbin-..We had such an opinion, but II seems
likely that the opinion OF tho Court TO the contrary
would prevail
Justice wlard-'.Thsrc IL not tho least doubt, Mr.
Corbn, that in this opinion tho Court as
to what the is and what the proper course is will
prevail IL Will prevail :"
AT this Mr.. Corbln seemed somewhat indisposed and
down with long sigh.
AFTERNOON PROCEEDINGS
The Supreme Court convened at four p N. In re-
sponse rule morning session to the
Board OF Canvassers 10 show why they should
be attached for contemps OF court in refusing to
obey its mandate issued on Wednesday, United States
District Attorney Corbin counsel tor the Board Intro
duced an afidsvit asking further time. The Court
stated II he would indicate the line OF their de-
fence or the Court that they would obey it,
mandamus, further time would be granted. He
would not do this, and the request refused. The
counsel for the relators instructed draw the
order but recitation OF All the proceedings was
required preface 10 the order commit the Board
for contempt they requested until tomorrow morning
to ne It. The Court said they hoped Board would
IN the morning obey It's mandate purge The con-
tempt; II they do NOS they will be committed TO Jail
The reIators moved that psremp
mandamus issue TO II. e. hayne, secrs,ary o Stale.