New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-01-31

before the same shall be received. When |
all objections so made to any vote or
paper from a State shall have been
received and read, the Senate shall there
upon withdraw, and such objections shall
be submitted to the Senate TOR its decision;
and the Speaker of the House of Represent
atives shall, in like manner, submit such
objections to the House of Representatives
for its decision; and no electoral vote or
votes from any state, from which but one
return has been received, shall be rejected
except by the affirmative vote of the two
houses, When the two houses have voted,
| they shall Immediately again meet and the
presiding officer shall then announce the
| decision of the question.
Sec. 3. That if more than one return or
paper purpOrtiDg tG be a return from a
| State shall have been received by the Pres
| ident of the Senate, purpOrting to be the
certificates of the electoral votes given at
/ the last preceding election for President
| and Vice President in such State, unless
they shall be duplicates of the same return,
| all such returns and papers shall be opened
/ by him in the pre- senoe of the two houses,
when met as aforesaid, and read by the
/ tellers, and all such returns and papers
| shall thereupOn be submmitted to the iudg-
ment and decision as to which is the true
and lawful electoral vote of such State, of q
/ commission constituted as follows, namely:
| During the session of each house of the
1
in February, 1877, each house shall, by
viva vOce vOte appoint five of it's members,
| who, with the five associate justices of the
Supreme Court of the United States to be
| ascertained as hereinafter provided, shall
| constitute a commission for the decision of
| all questions upon or in respect of such
| double returns named in this section.
On the Tuesday next preceding the first
Thursday in February, A. d. 1877, or as
soon thereafter as may be, the Associate
Justices of the Supreme Court of the
| United States now assigned to the first,
third, eighth and ninth circuits shall select,
| Iii such manner as majority of them shall
deem fit, another of the associate Judges of
the said court, which five persons shall be
members of said commission, and the per-
son longest in commission of the said JUS
tices shall be the president of the said COM
mission. The members of the said COM
mission shall respectively take and sub
scribe the following oath: 81 do sOlemnly
swear or affirm las the case may bel that
will impartially examine and consider all
questions submitted to the commission of
which am a member, and true judgment
give thereon, agreeable to the constitution
and the laws, SO help me God" Which oath
shall be filed with the Secretary of the SEN
ate. When the commission shall have been
thus organized it shall not be in the power
of either house to dissolve the same, or to
withdraw any of its members, but if any
such Senator or member shall die or be-
come physically unable to perform the du-
ties required by this act, the fact of such
death or physical inability shall be by said
commission, before 1t shall proceed further,
communicated to the Senate or House of
Representatives, as the case may be, which
body shall immediately, and without de-
bate, proceed by pirG gOee vote to fill the
place go vacated, and the person 30 ap-
pointed shall take and subscribe to the oath
hereiubefOre prescribed, and become a
member of said commission; and in like
manner, if any of said justices CT the Su-
preme Court shall die or become physically
incapable of performing the duties required
by this act, the other of SAID justices, MEM
bers OF the said commission, shall immedi-
stely appoint another justice of said court
member of said commission, and in such
appointments regard shall be had to
the impartiality and freedom from
bias sought by the original appoint
ments to said commission, who shall
thereupOn immediately take and sub.
scribe TO the oath hereinbefOre prescribed,
and become member of said commission,
to till the vacancy so Occasioned. All the
certificates and papers, purporting TO be
certificates of the electoral votes of each
State, shall be opened in the alphabetical
order of the State, as provided in section
one of this act, and when there shall be
more than one such certificate or paper as
the certificates and papers from such State
shall so be opened-excepting duplicates Of
the same return-they shall be read by the
tellers, and thereupon the President of the
, Senste shall call for objections if any
Every objection shall be made in writing
and shall state clearly and coneisely, and
, without argument, the ground thereof, and
shall be signed by at least one Senator and
one member of the House of Representa-
tives before the same shall be received
! When all such objections so made to any
y A. -m1l
have been received and read, such eertif.
Gates. votes and papers so objected
+ to, and all papers accompanying
l the same, together with such objections
shau be forthwith submitted to the said
, ! commission, which shall proceed to consider
the same with the same powers, If any, nov
, possessed for that purpose by the two
, , houses, acting separately or together, anC
I by majority of votes decide whether any
and what votes from snch States are thu
votes provided for by the constitution o
the United States, and how many and wha
persons were thus appointed electors in sucl
State, and may therein take into view sucl
persons depositions and other papers, i
I any, as shall by the constitution and nov
existing law be competent and pertinent il
; such consideration, " hieh decision shall b,
made in writing, stating briefly the grounS
thereof, and signed by the members of san
commission agreeing therein, Whereupol
tAo tNO huu1os cAoh @kaA4 Auootg buu HAci
decision shall be read and entered in tn
journal Of each house, and the counting o
the votes shall proceed in conformity there
with, unless upon objection made thereto il
writing by ct least i've Senators and tv
members of the House of Representatives
the two houses shall separately concur il
ordering otherwise, in which case such con
current order shall govern. No votes o
papers from any other State shall be sete'
upon until the objections previously mad
to the votes or papere from any State ehal
have been finally disposed Of
SEQ. Q. That while the two houses shal
Q be IN meeting as provided in this act no de
l bate shall be allowed and no question shal
be put by the presiding officer, except I
either house on motion to withdraw, and b
Q shall have power to preserve order.
Q SEC. 4. That when the two houses sepal
3 ate to decide upon an objection that ma
z have been made to the counting of an
electoral vote or votes from any State, Q
upon any objection to report Of said con
Q mission or other question arising under chi
{ act, each SanatoE and Representative ma