The New York herald., 1876-11-26

the action Of the Court to-day will have tho effect OF
causing tho counsel OF the Board adopt
tive course and purge themselves OF contempt THIS
is regarded By republicans the wscst course.
and would give the Board at least an opportunity OF
comparing the electoral returns OF the precinct and
county canvassers themselves The action 10 be taken
on Monday in the Supreme Court and probably in the
United States Court is looked forward TO with the
most intense anxiety.
AN INTERVIEW WITH AN ELEcToR- Mr.. TIMo-
THY HURLEY, ONE OF THE PRESIDENTIAL
ELECTORS, DEFINES HIS rosITIoN--HE DE-
cLAREs HIS INTENTIONS.
[DY TELEGRAPH TO THE HERALD
CHARLESTON, Nov. 25. 1876.
The HERALD reporter tonight interviewed Timothy
Hurley one OF the republican electors upon the
subject Of his refusal the Electoral College
The following conversation took place.
REPoRrER-I understand that you declared that,
in the event Of any trckery the part OF the Board
Of State Canvassers. you would cast your vote for
Tden and Hcndricksg
Mr. HuRLkY-No: did not say that What do
say Is that II thought the certificate which entities
mo TO vote in the Electoral College not issued TO
mo iairy, or was not mine by virtue OF having rc-
ceived the highest number OF the late cleo
tion, or was issued to me by Unauthorized Board
Of Commissioners or by trickcry fraud, should
decline to serve.
REPoRrER-You do not to say. then, that in
you think you have received your certificate
fairly you viii vote tor Tildens
Mr.. HURLEy-No l only say that In that ovcnt
viii not act am intimate friend Of Governor
Chamberlain; but I've got TO live in this State, and
what more am probably tho only on the cleo
torai ticket who has anything at stake here. intend
TO do what conscentiousy think right and cannot
AFFORD to accept q certificate OF election granted
through fraud or chicancry am willing to carry out
the wishes Of my constituents, but must first be hon.
estly satisfied that their wishes have been fairly
pressed You will remember that two years ago. when
l running for tho Legislature tremendous pres
brought to bear upon me TO protest the eIec
ton. knew was fairly beaten and refused to do So
REPORTER Suppose you should decline TO act as an
elector what would DO the result?
Mr.. HURLEy-That can't say. am taking the best
advice can get, and have yet been ablo to ind
OF a vacancy the electoral vote. don't see how
vacancy can DO filed unless the incoming Legislature
makes provision for IT.
THE FILLING A VACANCY
This closed tho interview Mr. Hurley was evi-
IDENTIFY mistaken about tho filling Of possible vacancy
In the electoral Of the State. Tho section OF tho
Revised OF the State bearing upon tho subject
reads foiows:-
Tho electors OF President and Vice President shall
at the capital the day preceding tho first
Wednesday In December after their election, and
those OF them who shall be SO assembled shall nme.
votes ali vacancies in tho Electoral College COCA
stoned by the death refusal 10 serve neglect to al
tend OF any elector occasioned by equal number
ofvotes having been given for two or more candidates
OPINION IN WASHINGTON IN REFERENCE TO THE
ACTION OF THE SUPREME coURT-THE LAWYERS
OF THE CABINET SAY THAT THE BOARD OF
cANvAssERs rs COMPOSED OF yEDERAL oFFI-
CERs-A WRIT OF HABEAs CORPUS TO BE
APPLIED FOR NEXT MONDAY.
lBY TELEGRAPH TO THE HERALD.
WASHINGTON, Nov. rs, 1870
The administration has not ct decided what steps,
any shall be taken In regard to tho arrest nne and
Imprisonment OF the Board Of Canvassers In South
Carolina under the order o tho Supreme Court OF that
State for contempt Tho Attorney General upon being
asked about IT, and what would bo tho course OF the
Department Of the government replied TINT he did
not know and could not yet say. He doubted
somewhat tho reliability OF tho report it by
associated Press and surprised at the imposition
OF the nne. He seemed to understand that the case
settlement there by the parties in interest
the spot
OPINION CABINET LAWYERS
It may be added that the opinion expressed by the
several lawyers In tho Cabinet yesterday at It's lesson
is still entertained VIZ THAT the Supreme Court OF
South Carolina has no Jurisdiction In the prcmises
and has right to direct the imprisonment of the
Canvassers for contempi. Members OF tho Cabinet
and leading republican politicians say to-day that
tho Court has exceeded Its authority and Its judges
may possibly nnd themselves in trouble should they
not abide by the settlement supposed to be under way
The remedy proposed, however, for the difculty by
which the canvassers find themselves surrounded will
It is understood, be provided by application tor
OF habeas corpus, which will bo made before the
United States Circuit Judge OF the Fourth Judicial Cir
cult, on Monday next Judge Hugh l. Bond will open
his court then and II is expected will entertain the
motion and grant the WRIT setting carly day for
gument upon IL; which, It is said will result
In tho sentences being set aside. Counsel will
probably be provided by the government to assist
United States District Attorney Corbin in this argu
mcnt both as rela.cs TO tho oi tho Canvassers
and his somo difficulty is experienced in getting
lawyers to 20 down to South Carolina to argue these
cases on the part OF tho Government.
THE BOARD OF cASvAssERs FEDERAL oYYicIALa
One OF the legal positions TO be taken by tho gov
ernmcnt will that Board OF Canvassers are in
their discharge Of duty quasi federal officials fur
relates 20 their functions in passing upon tho votes
federal officers In which category tho Presidential
electors will be considered as being.
vIxws or THE ATTORNEY GENERAL
The Attorney General inclines TO the belief that the
Supreme Court OF tho State OF South Carolina has
authority order the arrest OF tho canvassers though
he exhibits Judicial dccacy in passing upon tho ques
tion which he finds TO be submitted to another
authority for settlement, and desires to be regarded
not interfering with legal matters In controversy
before purely State tribunals
LOUISIANA.
CONTINUATION OF THE COUNT CHARGE THAT
RETURNS ARE TAMPERED WITH AND FIcTr-
r1oUs PROTESTS FILED THEREwITH-Is THE
BOARD CREATING DELAY TO DEFEAT JUSTICE?
IBy TELEGRAPH TO THE HERALD
NEW ORLEANS Nov. rs, 1876
The Board opened the returns Of seven more par.