The New York herald., 1876-11-17

cate OF appointment and voluntary performance OF
IN no event Is there election OF the riden candi-
date bv minority, the Indiana supreme Court de-
cison In the shrevalty Wallace W. Eurcx easel. TO
the contrary Notwithstanding. He SAYS that the de-
csiou awarding the office 10 The candidate receiving
minority Of votes because his successful opponent Was
declared TO be ineligible Is preposlerous.
pIkRcK
Mr. Henry d. Pierce, OF DR. winsow 5. Pierce,
OF legal acumen. He Is a stanch democrat and his
are, briefly, that this whole business In all ITS
mufarous complications VIII inevitably ana speedily
be brought into the gher courts where many obscure
and mooted points will be passed on He cited the
possible action OF the Governors Of Caliior-
mia and Oregon, both OF whom would re-
fuse certificates OF election to the republi-
electors Writs OF maudamus would be issued
against them and the would be called CD 10 ad-
judcate the controversy, ana in louisiana II he were
citizen there attorney deeply inter-
ested In the problem OF the Returning Board, he
would begin two actions simultaneously TO compel by
mandamus the Returning Board to issue certificates OF
election to the Tilden electors and the other Tor re-
straning order to prohibit them from issuing such
certificates to the Hayes electoral candidates As TO
the postmaster electors ne thinks they are deputies
and do not como under tho constitutional exclusion
KENTUCKY LAWYERS ON THE QUESTION.
LOUISVILLE, Nov 16, 1876.
or Kentucky's distinguished lawyers VINO have
reputation out OF their State, but few in
Louisville.
CAPTAIN THOMAS GIBSON,
lawyer well known in the South, is OF opinion that
the conplcaUOn growing OUT oil INC eleCtlon VI Tug
Vermont Postmaster amounts to nothing as he can
easily resign when the election OF another person can
be made by his colleagues In regard to the Wiscon-
sin muddle he believes that the elector failed
to the full number Of votes by Of flaw
In the ballot tho democrat, elector IL elected, and
nothing can prevent his voting tor Tilden. OF the
Louisiana question Mr. Gibson thinks in case Congress
takes charge OF the matter, cannot do otherwise
than seat Mr.. Tilden.
JUDGE T. l. BURNETT,
and Corporation Counsel OF the city OF Louisville, says
he studied the Wisconsin or Vermont question
and cannot speak of them. AS the action Of Con-
gress on the Louisiana mudde he considers that the
twenty joint rule is but the spirit OF that
lon OF the constitution which refers To the counting OF
the electoral vote and that the constitution docs not
power the President OF the Senate count tho
vOtc but II Is to be inferred that the House ana Senate
have power to count It, He further thinks hat the
Louisiana Board has not lawful power to distranchso
citizen in parish because another in the same
parish has been intmidated, and, supposing that in
certain parishes some persons had rerancd from
voting because Of the actual votes cast cannot be
thrown out.
RxsxcRErARY BRsrow
declined to give opinion on the subject, he bad
not studied It thoroughly; but he remarked that
of the weak points IN our frame OF government
that portion OF the constitution which spoke of count
ing the electoral He satisfied that the twenty
second joint rule in force basng his opinion
action Of both houses Of Congress at thcir last
meeting.