The New York herald., 1877-02-02
Counting tn. Electoral Votes.


yesterday, about two weeks earlier than ever
before. for the purpose of examining and
counting the votes for President and Vice
President. The new law fixed so early day
to afford time for investigating the disputed
certificates previous to the 4th OF March.
The twenty-seven week days thus allowed
will doubtless be more than sufficient, and
we see no good reason why half of this time
should be consumed. There are only
two States--Florida and Louisiana-that
will require prolonged examination,
the Oregon case not involving any dispute
on questions of fact, and the question OF
law lying within small compass. The
Electoral Commission should be able to
reach decision respecting the Florida GER
tifcates within six or seven days, and the
rules they adopt in this first case referred to
them will narrow the ground OF subsequent
investigation. Such legal points as apply
to oil the States alike will have been decided
in connection with the Florida case, and in
the cases which follow the tribunal will con-
slider itself bound by its previous decisions.
Florida, therefore, from the fact that 1t
comes first, will probably occupy more OF
the time of the commission than all the
other disputed States together.
The counting proceeded yesterday in
due form until Florida was reached, when 1t
was interrupted by objections, and the GER
ti6cates from that State were referred to the
Electoral Commission. The counting can
not proceed any further until the commits
sion has decided which electors, if any,
were entitled to cost the votes of Florida
and have communicated their decision to the
two houses. The Senate and House accord
ingly resume ordinary Legislative business,
and will continue it while the commission
are conducting their inquiry. When it is
concluded and the result announced
the State next in order will be
taken up and the counting proceed until
Louisiana shall be reached, when the same
forms will be repeated as in the case OF
Florida There will be another similar in
terruption to consider the electoral votes Of
Oregon, after which the residue Of the count
will be completed in q few hours and i'm
mediately followed by declaration of the
body can foretell whether that result will
be the election of Tilden and Hendricks or
the election of Hayes and Wheeler, or the
failure of the Electoral Colleges to make o
choice but in the latter contingency the
House will Immediately proceed to elect
Mr.. Tilden President and the Senate to
elect Mr.. Wheeler Vice President
The point of most interest in connection
with the proceedings of tho Electoral Com
mission relates to the scope Of their investi-
cations. Will they 60 behind the certifi-
Gates and institute inquiries into the action
admit only documentary evidence, or will
they also receive oral testimony? One Of
the rules adopted by the commission for
governing its proceedings seems to throw
some light on these questions which
have been so anxiously asked by the
republican politicians who deny the
right of the tribunal to extend ITS inquiries
beyond the Authorization of the certificates.
The fifth rule declares that applications
for process to compel the attendance of
Witnesses or the production of written or
documentary testimony may be made by
counsel on either side" This rule makes
it clear enough that they do not intend to
confine their investigation to the mere au-
thority OF the State officers to sign the GER
tifcates 1t is their evident purpose to pen
citrate through mere official forms to the real
merits of the case, and to receive any
written. 1t is possible that the
counsel employed on the republican side
may raise q question of jurisdiction and
contest the right of the tribunal to make
such rule. 1t may seem to transcend the
strict letter of the act defining the powers
they 'smay take into view such petitions,
depositions and other papers, if any, as
shall, by the constitution and now existing
law, be competent and pertinent in such
consideration. This language merely con-
fers authority to entertain written OF
oral testimony. If the commission has
power to order the examination of witnesses
the power must be inferred from that provi-
sion of the Electoral act which says that the
commission shall be clothed with the same
powers if any, now possessed for that pur.
pose by the two houses acting separately OF
together" The rule referred TO is probably
founded on this language, which seems
broad enough to authorize it. The two
houses of Congress have been taking ora
testimony relating to the validity of cleo
toral votes for the last two months, and tn,
tribunal is empowered to do whatever Con
gress itself may legally do for ascertainint
which are the true votes of State
is for the tribunal to construe the powers o
Congress in such an investigation, ant
whatever powers it may find existing il