The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-28
THE GEEAT QUESTION 10 BE SET
TLED.
A Proposition TO Refer IL TO the Advice OF the
supreme Court.


supreme Court.
WAsuINoToN, Nov. 20.-As the day for
the meeting Of Congress draws near. the conyic-
ton becomes more and moro set led IN the
minds Of thoughtful men here that some far
and satisfactory mode Of deciding the Presiden-
tial question will reached.
There /, hope that the vote Of one Of the
three contested States NAV be added to Mr.. Ill
dcn's nggrt "a Z before the close of the present
week, ani thus end the controversy. II that
expectation should be fulnled IN Florida, the
puuhc mind would al once accept the result
and the revolutionary faction ia the Republic n
party. which has been threatening to carry
things VITA bi-n hand. and winch has rcsorted
TO the most derperate means 10 defraud the peO-
pie 81 their victory. would soon be sllenced.
II there should be no decision before Congress
comes together, or on the OH of December. two
vs. after it, meeting, when tie electors will
assemoi. IA all the states, then some pl.n viii
he devised oy which am honorable solution Of
all the difficulties can be Oh ain Il. 70 that end.
the thoughts and the efforts Of discreet men
should now be directed. Irrespective Of party.
Tho first condition Of success Tor any propos-
ton. which looks to an honest decision, IS u
discard parti~anship entirely, and to deal with
1t "a an upright jury would with the facts In any
erlve case.
There are many constitutional and legal ques-
tions, involved IN the dispute between the two
part 5, which properly considered would 20
far to hastens conclusion and perhaps to de-
termine the result. Two postmasters at least
were elected in Vermont and Oregon. notwiih-
standing they were known to tie Ineligible UNI
der the Constitution. It's held by some authori-
ties that ,heir election is absolutely void, and
the next highest candidate voted for Is chosen.
Others who admi; the inelifibili,y, Claim int
a vacancy HIS occurred which can be died by
the remaining elector-. VERMONT has under
taken 10 cure the defect ia her case hy an &C
pot f.cto act. empowering the electors to Ill -
vacancy caused hy disqualification"
Now, II 1t should be held by competent tri-
bnual. duly aui nor red fur the occasion, that the
votes st fur " It's IN OREGON and for Spllace
in Vermont We're thrown away because neither
could pru 1t by them, heing posimasters; that
no vacancy II a been created whicn, by res ;na-
ton or other means, could he llled owing to This
as ibility. and that the next highest candidate
could not be chosen by reason of the ineligi-
biltv Il those voted for by majority, what
would be the at iallOn then?
Uuon this slppo-iiitious case, which does'not
favor cir her side and rejects the strong preten-
sions Of both, only four electors In Vermont in
stead 81 i've, and two in OREGON instead Of
three, would be elected. The Electoral College
a.. from, $50 I, NJ t.
IL, ,n,esv.,,h Mr. rilden has already re,a,yet
,,.,,,,, NAH. min, pr.siie,t ev.n # Iouis,,n,
Florida and South Carolina were given ovc- to
/ a. ~
IN "'"er suites '"'r' are 'o'nn''', p'','S "p'"
whl'h controversy nnlsn' n' ra'Se"' ~ III cas-
"here erroneous '"'''"'s nave nee" us'" W '"e
mes ~ '"e e''''''s' anu Wn'r' 'Np "'" W
the same surname put WIN u'neren' On''s','h
"""'S' a. !" '''""S' "V'' W.
ele''"r' M"teoNer'' we N''"'n'nI NOW" "i i'"-
islauA Is regarded 's OF uouotu' 'e-"' vNN'e"'e
| 49, now c"nSttNteH' ana It's partisan functions
are seriously pl'''oleu'
All these ana otner points enter l'fE'N mo
the general case as II NAV DE maze w n'l"r'
/ Congress- u Is easy I" see no" ehoh oil 'n'nl
! might be contested uhtll passion was ro"sed
| ana scttlemeh lniehhl'eY ""HlpoAed IN 'n'l
event the perlls would son dls''''e tn'hS''''S'
To avoid possible d'' gers II Is PROPOSED 20 re-
/ Ter these consUtut lhh ana l'Eh pleaU'N9 10
! the solemn arnllraneht OF inc supreme court,
as an advisory nony ana dN'i' lhH'p'h"'h' 81
any political acton win IalF nearing 10y 'ou"-
sci nd all the TESTIMONY
| This proceeding would h'cess'rlN ne eNcep-
| tional, ana would nave I" uo lrah'u so "s To
secure report before the dN IL Feoru'Y Wh"n
| the votes must ne 'o"u''u' 'N' '"'I' N""Nu