Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1876-03-22

I
that order for the seizure Of the Stat
b House and the exclusion from il of Oh
! members who were certified to b
! elected by the DE Ferret board, the on
| ly board your committee say that ha,
: the scmblancc or color Of legal right
and a board which say, aftcrcar
| fully looking into this report, was
, lawful returning hoard and wha
Senator Trumbul said in favor of IL
i, legality is fully sustained by the fact
, what did your committee say in ref
crcncc to this midnight order Of Dnrcl
to exclude the lawful members from
the Legislature, and put that Stat,
House under the control of Fedora
bayonets? Your committee said
II is impossible to conceive Of more irregular
Illegal, and 10 every way inexeusablo act on th,
part Of a judge. ooncedipg the power Of Ii,
court 10 make such an order
That was only concession for the
purpose of the argument, not in fact
cOuceding the poser Of the court TO make such
an order, the Judge, out Of court had no more
authority 70 make II than had the marshai. II
has not even the form Of Judicial process. II was
not sealed, nor was II signed BY the clerk and
had no more legal effect than an order issued by
any private citizen.
There bad boon no amendment Of the bin
Of complaint. The law Of November 20 had been
promulgated. The De Fs.iet board had been ap.
pointed In pretended pursuance thereof. wheth.
or. under tho Constitution, the Governor had the
power, 10 the vacation Of the Legislature, TO sp-
point that hoard, upon the ground that tho act Of
i .f.ln H..
eies in Office, your committee do not inquire. But
II 10 understood that the Constitution has been 30
| construed In that State, and that Judge Dibbe
was appointed by the Governor under similar
circumstance. H.r. ...t.
The De Periet board. therefore, had color Of Off
ciaisxisience. Their canvass was completed, aud
the result promulgated under color OF the Stats
law, and II Is clear that this gave the Federal
court no more right 10 seize the State house thnn
TO seize this Capitol. tafsatI F'rtr.
The marshal, on receiving this pretended order,
called for detachment Of United States troops 10
act as pose oomiiafps seiIed the State house at
"a. IN. Of Decemoer O. aud held I, for weeks.
That is what your committee said
in respect to that order Of Durell.
Again, speaking Of it in n subsequent
Part Of the report, they say .n
In the opinion Of your COMMITTEES thsrs can be
no donbt--conceding the validity Of the act Of
November 20--that Il transferred tho duty Of
canvassng the returns Of the last election 10 the
beard 20 be elected under the pro visions Of the
act. The act provided for such election BY the
Senate, and, taking effect In the vacation Of the
Legislature. created Offices 10 be filled thereafter
by the Senate This Is what is STYLED In that
State M original vacancy, which, happening in
the vacation Of the Legislature, the governor Is
authorized to sill BY appointment, and IL Is said
that tho courts OF that State have repeatedly roe
ogpizsd tho right Of the Governor to make such
appointments.
Tha, aho,,od ,ba, H. NJ Ca,;.
'"' ~ -.
DOaru was II lawful Doalu. ANA, speak
ing of Durcll's orders. the committee
any.
'"y
Viewed in any light in phcn your committee can
consider them, the orders and injunctions made
and granted by Judge Durell 10 this cause are
most reprehensble. erroneous in point Of Law, and
are wholly void for want Of Jurisdiction; and
your committee must express their sorrow and
humilis,ion that Judge Of the United States
should have proceeded In such fagrant disregard
Of his duty and have 80 far oyerstepped the limit,
Of Federal Jurisdiction.
Thirdly. What said the committee
IN respect to the last order OF Durcli,
TO which have referred that order
py wn'cn NO en3o'hou every senator
anu 'io"'oo, ~, ''o .,vuoc VI noP'o'
sentativcs oil the Legislature, VINO was
not on the return of the Lynch board,
from takino any, nart wbatsoeva, In
y :"
the organization OF tne Assembly, IN
consequence Of which thcywcre wholly
excludcd from that Stn,a houaa apd
~
tne conspirators wcro enapueu 70 pro-
coed with their SO called organization
road again from the reno,-f M ycs
90 "a a., ,ao -,
70 anu -. hi'cr showing tnat inc
Judge could by no possibility have had
any iurisdiction 10 makc that order
~. -, -, "a a,-.e.i.. =. AZ. e.
wa. ~ wac "Iau' u'oV' =" .no inoo
OF the act of Congress which provides
that the Jurisdiction of the Judge shall
~. .....'I a., ~. ,I....;a., q ....i.....
ho' oA'cnu W 'ne o'cc''oh vi nhoiioerS
ot u state Legislature was not only
faprant usurpation of the Judpe but
80 J;,.,.o,i,, I, a., 80. ....L 20 ~,
""' u',.'Uy :" '"o wy .oo." VI '"o
act of Congress under which he pre-
tended to act, the committee conclude
os C,l,o,,.. U
Indeed, Il is impossible not to that this bill
was hled. and the restraining order thereon was
issued, for the sole purpose ofaccomplishing what
NO Federal csurt has the jurisdiciion 10 do, the
organization ef state Legislature
And your committee cannot refrain from er
pressing their astonishment that any Judge Of the
United States should thus unwarrantably have
intcriered with State government, and know no
Language too strong 70 express their condemna-
uon OF such proceeding.
IL is the opinion Of your committee that, but
TOT The unJustihable interference OF Judge Durell
whose orders were executed by United States
troops, the canvass made by the DE Ferret board
and promulgated by the Governor, declaring
MeEnery TO have been elected Governor, Ac., and
ai.c declaring who bad been elected to tho Lesis.
lature, would have been acquiesccd IN by the pee
a upou ,ts ssaro.s Of s ,ss s.
Of tho State But tho proceedings q Judge pa.