Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1876-12-15
Deciding the Question

Inc latest projects Tor insuring an Impartial
adjustment OF the questions and difficulties lba
have arisen out of the presidential election are
those which have be:n introduced in Congress
proposing to refer all doubtful issues 10 the
adjudication of the Supreme Court Of the
United States Two methods for arriving at
that result have been suggest d One contem-
plating the attainment of the desired end by a
simple resolution Of both branches OF Com
gress, asking the highest legal tribunal in the
land to unite the gordan knot, and The other
proposing to hasten the adoption Of a consiilu-
tional amendment by the requisite number Of
States during the rext two months which will
make it the right md imperative duty of the
Supreme Court TO decide all the doubtful is
sues and finally declare the official result of
The presidential election held in November last
rs well as all similar contests that occur here
after
Arguments have been made for and against
these projects. II has been said That they
would probably hare a pacfying effect by
spreading abroad the conviction that strict le-
gal rules would be fairly applied TO all dis
puted issues, and that the people would be
fully satisfied that the decision finally reached
WINS in strict accordance with existing laws.
But Washington telegram says that several
strong objections had been urged TO the
proposed reference by one Of the judges OF
the Supreme Court He deprecates any action
which would tend 10 obiierate the lines OF
distinction between the judicial, legislative
and executive branches OF the Government,
and be regards the determination of The re-
suits OF national election as The gragest oil
political questions, and therefore especially
within the province of Congress. lie also di-
reefs attention to the dissatisfaction and bad
results produced by previous efforts OF the SUI
preme Court 10 decide certain political ques'
lions, and thinks all intermcddling in such
matters tends 10 lessen public confidence in and
respect for the supreme bench.
Another practical objection was based on Thu
belief that it would be impossible TO obtain {
ratification Of the proposed amendment by thu
requisite number Of States in time 10 legalz'
a decision Of the existing controversy before
the day now fixed for the final count Of cleo
toral votes at Washington, and that the Su
nreme Court might perhaps decline to nccedt
TO request, even If il was made by Congress
10 perform an unpleasant task which did not
fall within the scope Of its legitimate duties
1t sproba5le that these objections were shared
in by majority Of the Senate, as that body
defeated he proposed measure on Wednesday
,af-,. Id. 4,
isting laws for the regulation of the matters in
dispute, but heretofore means have been de.
vised for deciding exciting national contests
by the governmental machinery existing al tho
tfme they occurred, and 1t will probably be
necessary to adopt similar course now. il
was only when imperiectons became SO mani
fest that the necessity for curing them was
universally acknowledge hat they wcrecurcd
either by new laws or u constitutional amend
ment.
The duty OF counting the electoral vote vii
be much more difficult than usual on accoun
of the closeness of the contest aud the possible
bearing of unprecedented or novel events upor
the final decision, but il is to be hoped tina
ability and moderation necessary 10 insure
just and peaceful performance Of the task de
volving upon them, no matter how many com
plications il may involve or how many ntri
cate questions Of fact, law and practice de
mand adjustment.
Fortunately there is no dispute whatevc
about large number of the States Il is con
coded by all parties that the canvass within
their limits has been conducted in such ar
orderly and regular manner that their eeetora
votes can be received and counted without
word OF dispute in Congress or dissatisfaction
among the people. And as for the controver-
sizes which have arisen about the States il
which Irregularities aud frauds have been per
pctra,eo, we think a complete statement Of ths
facts involved in each particular case will
clearly indicate the proper course TO be pur
sued