The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1876-12-07
[From the New York Times]
THE DEMOCRATIC CONSPIRACY IN
NEBRASKA.

A NEW SCHEME OF THE TILDENITES TO
THWART THE WILL OF THE PEOPLE
EXTRAORDINARY AND USELESS COURT
CEEDINds-NEBRAsKA SURE FOR
GOV. HAYES.
OMAHA, Dec. 3.-Complications have
arisen in the political situation here which
will lead to serious results, should the De-
mocratic programme be carried out. The
candidates for Presidential electors on the
Democratic ticket OH Saturday morning pc
ttioned Judge Savage Of the State District
Court for this (Douxlas) equity, to compel
the Republican Electors to come before that
court on Monday. at o'clock P. NJ, and
show cause why they should not be enjoined
from performing their duties as Electors on
Wednesday next. The circumstances which
have led 10 this action are as follows: The
new Constitution of this State, adopted in
1875. requires that the votes for Presidential
Electors shall be canvassed in the same man.
ner as those for members of Congressional
is, by the Legislature. 1t also specifies that
the first Legislature hereunder shall meet III
January, but the laws of the United States
require that the Electors in the several States
shall meet OH the first Wednesday in De.eein-
Ter TO vote for President and Vice President.
The difficulty arising from this state IF
things was not discovered until after the
November election. Gov. CARRIER imine-
.liately soughs the opinion of the highest
legal and judicial authorities OF the State,
and they all agreed IN recommending him to
pursue the course to which his own judy
lnent led, which was to call for two sets OF
returns Of votes from the county authorities
throughout tile State, one fer the new Legis-
lattire to anvass in January, and the other
to be canvassed by the Governor, Secretary
Of State, and other State officials, and certiii-
tar- h., ss.,1
tors shown by these returns to have received
the highest number Of votes. This plan was
then submitted to Federal officials and others
at Washington, who advised that 1t would
br better to proceed in strict accordance with
the law, and have the votes canvassed by the
Legislature. Gov. CARRIER accordingly, OIL
Thursday last, issued proclamation con-
vening the Legislature Oh Tuesday next for
the purpose named. As the Republicans
have a pronounced majority In that body,
the Democrats have decided to resort 70 the
courts, and the petition above referred to
was made before the only State court pre-
sided over by Democratic Judge. It re-
cites that the course of the State officials Is
OF the nature of a conspiracy to defeat The
law and defraud the voters of this State and
tile Democratic Electors. 1t asks that their
votes be declared by the court to be illegal,
Electors to act shall be denied, and they be
enjoined from receiving any authority a.
ELECTORS under the certificate of the State
officials. Meantime 1t asks that they be ell
Joined, Till the determination Of this action,
from meeting on "Wednesday and voting as
Electors. One OF the Republican, Electors
Gen. Slrickland) is resident Of this city,
and the purpose undoubtedly is t. tie him
nD and prevent his meeting with the other
Electors, as nobody goes SO far as to claim
that q State District Court has Jurisdiction
over Federal officer. The point Is also
matle that there Is no equity in the petition
it does not show that the action to be ell
joined would work any injury to the COM
claimants, or to the public, for the complaint
ants were not chosen Electors in any event,
and 1t is conceded that The three Republican
candidates were elected by an average ma
jority Ut about 5000. As the count cann.t
authorize the Democratic candidates to cast
the vote, even though the certificates I've lille.
gally Issued. the effect OF granting the in-
junction would be to deprive the State of it's
voice i'll the Electoral College under the Fed
e.al Constitution and the laws Ot Congress.
In any event, the canvass Of the votes BY the
Legislature, and the issue Ut new certificates
to the Republican Electors, will supersede
the application for iii injunction.
7 There Is another point OF Importance. The
petition alleges that Gen. Cobb, one Of the
Electors is disqualified on the ground chat
he holds an office u'.der the Government
that OF Disbursing Officer. III were neces-
sary TO provide BY law for the appointment
OF an Elector In his place, it woul be Diff
cult to Il 80, for it requires two-thirds ma
jority to enact law to take effect imne-
dat, ly. This is not Thought necessary.
The Republican ticket nr0yif}pd Tor Elootors