The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-10

th. commission TO the claim tOat tne |
tier of Humphreys to Judge Wood aud
10 reply Of the same were not the act of
,e court, and that the certificate OF the
ERIK OF the circuit court Of Florida rcau
,is morning showed that the resigns-
on had not been made matter oil re-
ord in the Office Of the court.
lie discussed the first part of The ORDER
4 the court to consider only the papers
In the package opene" ny ue
president of the senate.
lie argued that the formal ehafae.er y,
,.r,;scafe Ne. 2 entitled it to the same
n.iisrst,on by the commission and
,ontended that the statutes and action OF
no conrts of the state were matters that
he commission should inquire into to es-
Iablish the illegally Of certificate NO. 1.
The commission had before them In the
third certificate not only the ceruhcate
of the governor, but tabulated state
ment OF the precise number OF votes
cast in each county in the state
for The different candidates
This certificate had the authority OF the
executive, judiciary and legislature, an
spsaking i'm unanimous and united voice
upon the question which is to be DECIDED
nv this tribunal. 1t might be saia the
third certificate did not arrive In wash
ington by the first Wednesday In Jan
nary. and was therefore too late. lie
cited authorities TO sustain his PROPOSE
tion that the cause was directory man
latory. The main tact was. did the eiec,
tors vote according to the CONSTITUTIONS
requirement, and the mere TRANSMISSION
of their message to the vice-presiuen.
within prescribed limits was not Of the
essence OF the transaction. The main
point was that the votes should be re-
ceived before the count took place. !,
He claimed that the lists submitted
with certificate No. were efiecfuai, and
that delay in the performance OF plain
duty did not prevent the performance OF
that duty. In conclusion Mr.. Green con-
tended that the laws passed by the legis-
Iat1re OF Florida since January i. in
relation to the recent election, were not
most facto laws within the meaning OF the
constitution. He gave notice to the
other side that under order OF court they
should insist that the commission could
look into the proceedings under gao
tcayTdnto.
sHELLABARGER's SPEECH.
Mr.. Shellabarger followed on the other
aide. He said since he heard the discus.
sion of the commission which had refused
to hear testimony in relation to the guc
,oar,unto proceedings he had thought all
discussion OF that subject uncalled for.
In the papers laid before the two houses
there was but one allusion to These pro-
ceedings In quo tcarrdnto, and that was
I'm the certificate OF Governor Drew.
Those proceedings were not before the
commission and could not be brought
here. BY allusion I'm the governors mes
sage he submitted a proposition that ell
acts in relation to the accomplishment
OF a certain act.must anticipate it, aud
on this proposition every act that fol-
lowed the electoral vote was excluded.
He commended that the power OF state
was limited to appointments. and that no
act pertaining to appointment could DC
had after appointment had been made
and the office had passed away.
Mr.. Thurman asked, supposing the
case to be as stated, would there be &C
ton looking to an iaquiry whether any
appointment was made.
Mr. Shellabarger said that when al
that could be done By the state had beer
done according TO the requirements Q
| the law of the state existing on the da.
of election, the power OF the state passe
| away. and it became thereafter Fedora
trust the day forever ended. lie con
| coded that it was in the power OF III
state to try by her own machinery til
power Of her electors, but scrutiny mus
be made prior to the discharge OF tn
office. Machinery to contest an electio
after the office has passed away woul
be, he said, an:absurdity.
Mr.. HyARTs CLosE3.
, u. MI JiLxrtscidied that in one particu
J lar II will receive evidence touching tn
eligibility of one of the Florida electors
Humphreys. | don't understand tn,
commission 20 have oyerpassed the ques
ion what effect is an acceptance or re
Lection OF the vote thus challenged tor in
eligibility, bur to have decided that OF
hat point it Will receive evidence which
nay be offered, first, as TO whether III
exception taken TO Humphreys vote i
naintainable, aud secondly, whether i
nalntainatle and maintained the meth
eds of the constitution permit OF any re
fiction from the certified vote transmit
tad and opened. On that ground Mr.
Evarts went On to argue that evidence IL
regard to Humphreys holding Office fel
short OF showing that he was in offic,
at the time OF casting the cleo
!, tonl vote md that the burden 0
: proving 1t rested on the side that made
.. tht objection. Was it, he asked, to b
: pretended that under the law there wa
an, power to hold the occupant OF civil
offi,e to the performance Of its duties /:
moment beyond his will. The authori
!, ties, We said, were clear Is 10 the light 0
citizen resigning an Office even without
his resignation being accepted. All that
wasnecessary was 10 make public vacs
ton OF the Office. lie then went on TO
say This subject then being rejected
from farther consideration / understand
that here 10 no matter left but for the
execution by this commission OF the duty
1 accorded to IL by the act of congress
| under which it 10 organized TO deter
mine ont OF the material Of these three
certificates, what and how many votes
are TO be counted for the state of Florida.
Mr.. Evarts said that the first certifi-
cate includes, with every degree ui GER
tainty and assurance, the yot. OF the
state Of Florida, and went on TO argue
against the second aud third certificates.
What, said he, are the prodigious claims
here? That by lawsuit in state court
the states complete vote is to be re-
trieved and reversed, and that when a
Judge OF state court has so decided,
the supreme court of the United States
must make low obeisance to Mr.. Judge
White, and say, THAT Is the end OF the
law that 10 the fiat Of the state" Well.
suppose that We do succeed in counting
president In, and suppose that a quo
ea'Tanto Is started to prove that the pres
ident In his seat should be dislpdged be-
rense sSa.V VI the votes aon.t.a
Tor him were not cast by de iure
electors, then 1t Is proposed that the
decision OF the state court is the heal
mr. n AalI Of 81