The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-03

ny ,hS he &C, Crssnons the &c, SCmmisoC y,.ed
Congress might consider Let me ask. lhen what that
Mr.. Kasson then argued at great length that
neither Congress nor the commission had tho
power claimed by the counsel on the other siIe
TO go behind the rcturns-to act as u Canvassing
Board that the law organizing the commission
gave II no power To- d9, more than, is necessary
to " count the vote" He continued:
That being so come to the next question wha, does
mSfn, A%d Ad, II e viii s. b ,o that implies
discretion that belongs to tho ministerial powcr
does i, gcnilcmcn on The, other side claim,
do- your Constitution In i very framework and arpan.
Con.tluuon relating to the junction. Of this dovcrn'
men, made thcm legislative. executive. and luii,iai
are vested IN certain boiy, namely in The supr'mc
don is vested in thc Congress o. ih1 Gniied sn,
Just as executive power j. vested in the rrrs.
OF your country which tell, You that The mutual pewers
ne, he merged or mingled in tribunal Siher mss
np o The three or made up OF any two OF the three.
states hang. urgih all the elen,ns Of national safety
n uPG me 9g o VA, Win gn,"1 u.s. SEP IL moisa
takes from department Of Government ali
the claim made on the oiicr side merge. then anil say,
that you are to exercise judicial functions The caim
cocxiscnt with the powers ola Court on awrt OF qo
uaec OF the act crcane ths c1inmisson conSrs mo- Such
powers uron o. organized a. IS 20 ie over dicul
=, have spoken Of the narrow circuit of dscrc.
bcs to renew the d,i.mcuon tha, teTc !. no
difference made by adding the words ny Congress-
It would then read shall then be counted hy Conrrcss
II l. the as h the woris added " shall then
lc counted hy him. meaning the President Of the SENATE
Ihccsscnuai OF tc phrase is the coun, What that
vote. under the Constitution and Law uat ought tohc
n m9i b IN uns ls mn s bn, NJ M
OF. of error l. ccruncae numher TIVE more REGULAR,
than eefiincaie number onei Is ceruncate
h0Gr bear sressr s evsnds r saSescg s Se,
tne ouert u 90 tske II, y is an authentic cert.
power has the risht to count the popular votes,
i9r The Constitution say, distinctly that 1; is
Ni~c c prccsdnsso of a state elections and state
/. properly certified and presented To your II 1t be
oWrrSiS, lci ihs Constitution be amended Ani lct
shall read Each state shall appoint such manner
ors subject to revision b, the Congress. the United
states, which shall have power 10 determine whether
faction ot sud We are brought inevitably TO
serve absolutely the rgli. o The states which required
every ballot IN the residential election TO be- cast 0n the
aaence @ cay u'' '''' '"' De 'S'a from ''"''A'l'd In
:, Mr.. ,Kasson then argued that the Canvasslng
Board oi Florida actcd under the statute OF
turns shall be- shown or shall appear
to be irregular, false. or, fraudulent.
true vote Tor any such oficrr or member. they
shall 50 certify, and shall not include such re-
TURN IN their determination and declaration"
MIR. Mason continued:
Thus. 1t viii be seen that the canvassns Board
Of FLORIDA ~,r t. inquire whether those re.
turn- aflsatUd 10 he fraudulent that the
board could not count the vote In exercising that
junction. they not merely passed upon the returns of the
Cincts
The Democratic counsel will proceed to-mor-
row WIN thrlr Argument H. VI. Mcrrick open,
lng AMI Charles OConor closing. 1hev Will
present the is-u" sluur"ly e. IN" committee by
rendering in support ui the objections made by
the House olgrtor- the evidence taken hy tho
u iuus" cumul it," 10 inuuir" into the action oi
the Florida CHnvls-ing Hrard. OF course this
.sff
with o'yc, Tons t. Wll.h th"y " III address their
arguments. and thus the question 81 going be-
hind the Stearns return viii hr brought fnirly
and distinctly before the tribunal. uni bv Mon
day ncAt "A decision thereon may bc expected.