The New York herald., 1876-11-10

Ing for tho two houses do in such but 10 fall
back on their ancient practice
CoRRxsroxDESr-Governor Morton, Chairman OF the
Senate Committee Privileges and Elections, has
said. In an interview had with him recently In San
FRANCISCO that ip the OF Wisconsin, In 1857 Vice
Prssdeat Mason OF Virginia having refused to enter
tain the objection made the OF Wisconsin, Il was
yet counted and he decided that he alone had the
right 10 throw IL out We are the same position to-
day, and must depend upon tho judgment and impair
tality OF ono aono He said also that It too
much power TO be vested in one person.
"Do you regard the case the same lights"
Major McDoSALD-I do and think Governor Nor
ton has statcd the with great candor and
CoRRxsPoSDESr-Is there any recourse for dissent
ing parties In the matter OF a certificate sent TO tho
President OF the Senate for the action OF the two
houses Of Congress In regard to any electoral vote
Major McDoSALD-The constitution being silent
upon that question, know Of tribunal to which
any appeal can be taken. Both houses viii have to
proceed according to the constitution
CoRRRsrospExr-How did the twenty. second joint
rule die or become imperative? +?
Major McDosALp-As these joint rules exist only by
tho Of tho two houses, and Senate
agreeing rcadopt the joint rules at the last session
withheld It's from the twcntysecond joint
rule and the House OF Representatives not having sig
giving the readoption OF those rules,
ting the twcnty-second joint rule, these rules will
imperative until formally roadopsod by tho two
houses.
CoRREsPoxpESr-ls therc any record OF so close an
issue 10 likely 10 this year In counting the
electoral vote Tor Hayes and Tildenf
Major McDoyALD-None, except In the case OF JEFF
ferson and Aaron Burr, which election was held
under the election clause OF the constitution as
II stood prior to the adoption OF tho twelfth
amendment 1904 II can hardly be analogous TO that
case however, and don't believe there has been
anything like the pending. havo everv
electoral counted since tho election OF Martin Van
Buren,, In 1887.
Mr. Richard T. Merrick, Of the Washington Bar q
prominent democrat when asked for his vicws OF the
situation, and particularly what remedy the minority
had in Hayes and Wheeler were elected by the
fraudulent Of the Returning Board OF some ono
Of the Southern States, replied that he could
none. Tho constitution made tho Senate tho
highest tribunal In passing upon the votes OF
tho Electoral colleges and tho choice found to be mado
in those votes tho constitutional choice. Ho still
considered tho difficulty knotty enough notwithstand
ing this apparently simple solution OF It, He thought
that If the majority OF voors in any State had been
dcfrauded OF their choice for President the
remedy would be applied by tho whole
people Of the United States, In their
primary character. He did not advise violcncc-far
from It. but he thought he grave complications and
q prospect OF serious trouble ahead.
Opinions solicited from other authorites but
happened TO be a bad night for tho interviewer SO
many OF tho leading men Of Washington were away.
The President and Attorney General Taft had gono
to Philadelphia, and with them Chet Justice Waite
and his associates OF the Supreme Bench. The opn-
ION Of the Chief Justice particularly desired by
seekers for light upon this subject OF possible trouble
and regret felt that he not home express
Among army onncers and OF the officials OF the
War Department tho status of affairs connected
With the elections and the future in Louisiana, well
otner States Of the South, engages much attention
and exctes considerable apprehension tho future
Should tho electoral vote be decided by small ma
jorty and seem be the result OF real or supposed
dishonest returns they do not hesitate to sag that
there will be great deal of trouble to
contend with; even Of the oldest and most ex-
per,enced well conservative, officers say that the
future unpleasant look should tho present con.
tcnon the Presidential issue in dissa sfac.
tion. distinguished officer chatting tonight about
! his bets says that he had wagercd hat
on the election Of Tilden, and upon being bantercd
/ about his preference presented the contradiction
OF being in favor Of Hayes election while he
ting on TiIden- Upon boing asked how he reconcilcd
his opinions and action, he said he would be glad to
lose the hat he would rather at any time lose hat
to gain . country.
/ THE POOL SELLING.
! Tho question put to-day TO Medngcr tho seller
OF the election pools here, to when tho pools would
be paid OF dispute about the election and
| tho postponemsnt OF decision until tho second
Wednesday in February or later, and the was
that he should bo guided by whatever was
done in New York by John Morrissey.
This much Of information may interest tho
thousands OF persons who made wagers on the eIec-
tion.
JOHN KELLY's MARRIAGE.
Jonn Kelly, OF New York, is about to wed Wash
ington girl, Miss Teresa Mullen, . niece OF
Cardinal McCloskey, and q sisterin-iaw OF Mr.
Francis Cleary, o commission merchant OF this
city. Miss Mullen has resided most Of
tho time for years past New York,
where the acquaintance was formed which rpened
an engaremcnt Of marriage She is here present at
hor sisters, preparing, presumably, the wedding out
IT. TIE ceremony will take place privately in New
York toward tho latter part OF the present MONTH and
will be performed by His Eminenco the Cardinal