The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-09
WASHINGTON.
No Decision On the Florida
Case.
Democrats Expect Little
From that Quarter,
But Hope to Throw Out
the Louisiana Elec-
toral Vote.
Simon Cameron Sued for
Breach Of Promise.
Proceedings OF the Electoral Com
mission.


mission reassembled in open session a
ii o'clock. Counsel on both sides were
present except Judge Black.
Justice Clifford stated that proceed
ings were in order under the order:
adopted by the Commission yesterday.
Mr.. Green, Of counsel on the Demo
cratic side, called as q witness Geo. d
Rae, of Florida, who resides in Talla.
hsssee, and is Attorney General o.
the State.
Q. Were you present when the writ
of quo ,0arranto was served2
Mr.. Evsrts objected to the question q:
not within the order of the Court.
Mr.. Green said they proposed to fix
the date of the quo ioarranto proceed
lngs, as they did not consider that the
order of the Commission excluded that
question.
The question was then put, end the
objection of Mr.. Evarts was sustained.
+. Z. Humphries having been ldenti-
fed, Counsel Green presented the COM
mission Of Humphreys and the certifi.
cate from the clerk of the court in which
the commission was filed that no resig-
nation had been filed up to January "a,
1877.
Humphreys was called by the Repub-
lican side, and examined by Mr.. Slough.
ton. He testified that he resigned the
office of United States Commissioner, and
that his resignation was accepted Octo
Der 5th, by Judge Wood, from whom
the office came. Witness produced
written acceptance of his resignation.
Mr.. Merrick objected to the pro-
duction of the paper, as it was
an act of an individual and not the act
of the court.
TO Stoughton--The paper was received
from Judge Wood IN answer to his that
his resignsnation was accepted, and that
until he Judge Wood could come TO
Pensacola and hold court, the duties
would be discharged by the collector of
that port.
The production of letter from
Hiram Potter, jr., collector OF customs,
dated October 5, 1876, asking witness TO
turn over the books and papers of his
office, was objected to by Mr. Merrick.
Witness stated that he did turn over
the office, and had not exercised the
| functions of the office since
Cross examined by Mr.. Green-The
letter was addressed to Judge Wood at
Newark, Ohio, and the reply came from
there that there had been no session OF
the court at Pensacola since tha: time.
The testimony here closed.
Justice Clifford announced the whole
case now ready for argument, and under
the third rule oach side would be allow
ed two hours.
Mr.. Merrick said they had to ask het
indulgence of being heard by their
counsel, and that is some important
questions had arisen this morning that
the time be extended for another hour.
The Commission granted the extension
asked, aud Judge Hoadley addressed the
Commission. He contended that the
tender of his resignation to the Judge in
Ohio, and the acceptance of the same by
the Judge in Ohio was not an act of the
circuit OF Florida, and that therefore the
resignation of Humphreys had not been
legally accepted, and he was consequent
ly at that tma holding an office OF pro-
fl and trust under the United States,
and therefore ineligible as an elector.
The effect of the disqualification extended
not only to the elector, but to
the State which appointed him. This view
can be supported with quotations from
debates when the Constitution was
framed, holding that an Ineligible
elector worked the forfeiture of the
vote to the State. 1t was intended to
protect the several States against the
| illegitimate use of federal power in any
one State. Time had not shown that the
evils from Interference were aHy less
than our foreisthers had apprehended
In 1887 five p ,stmssters were among the
electors and Mr.. Clay introduced a
resolution directing joint committee to
INQUIRE into this infringement ot that
clause of the Constitution. II WAS then
held it was the duty of Congress 10 take
tes,imor Y, and inquire into the facts. The
Committee did not find time 10 sscer-
tain whether parties of the same name
were the same individuals, and as their
votes would not change the result the
INQUIRY was not carried out, but at that
time the idea was entertained, although
the Committee did not So think.
that a singe disqualified elector virated
the whole electoral vote.
Jucge Hosdly quoted English suthor-
titles 10 show that in the event Of the
election OF an ineligible individual, the
election was void. There was no Amer
lean precedent TO the contrary, although
there had been q wide range Is to the
effect of such failure 10 elect upon the
other candidate. In the Pennsy lvsnis
case where the candidate Was disqualified,
the election went back 10 the people. In
the lud!sus case the next bigt-
e.; candidate had been elected.
| and in the other cases the party had
| been unseated without seating his oppO-
neni. The acts Of Congress indicated =
disposition TO furnish remedy when
disqualified electors hsd been chosen. As
when i. was provided that State might
select new elector when one who Wa:
disqualified hsd been chosen. The State
having failed 20 take advantage Of the
l36.h section OF the revised statutes, AID
having failed 70 remedy the non election
there was 8 vacancy, and one vote VA,
be claimed, lost 10 the stste- He referrt d
to the decision Of the judges in the late
Rhode Island case 10 the ehec:
tbs. if the lneligibility OF one of
the candidates worked s vacancy
it could be filed by the Legislature, and
ar ruet that had the Office no: been filled
then would have 8 vacancy existed 10
that State. Florida ike Rhode Island
had ample opportunity 10 correct the
error and fll the vacancy bad she chosen
TO avail herself Of II.
Mr.. Green desired 10 call the aiten
tion of the Commission 70 the claim thA'