Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-01-30
The Report Of the Florida Investigating
Committee.

| Committee.
Report of Florida investigating committee pre-
sented by Mr.. Sargent to Senate to-day covers
one hundred foolscap pages. After quoting
election law OF Florida it proceeds to state and
discuss the action Of State canvassing board show
ing that 1t made preliminary of returns on
lheir face, giving to the Hayes electors ij majo
ity.
The board had been commissioned to hear con-
tests, holding its sessions in public The com
ulltee say that the course subsequently pursued
by the board in this matter, is exactly 10 accord
ance with Its practice in 1874, when by the written
advice of the democratic Attorney Genl and of
the democratic lawyer, it went behind the returns
Tor the benefit Of the democratic party. The re-
SUIT OF this canvass was 930 majority FOR the Hayes
and Wheeler electors.
The committee argue at length that this count
was illegal and constitutional and that the board
has right to seek the true vote behind the re-
| turns under the statute which created it. They
say "A statute enacted pro bono publico to prevent
election frauds, should be benefcallv construed"
The report then goes on to STATE ,f -ie ing
of the Board is conclusive, ana al..,.. ~ >oi.ied
| by caucus, or reached by writ OF quo warranto,
because the electors are functus oficio, or re-
versed by Congress, because the constitution
| lodges the whole power IN the State.
| great many authorities are cited to sustain
to sustain these positions. A distinction is drawn,
however, In the case of the ministerial certificate
oil Governor who is not a member of the board
| aud has no power TO decide anything,
/ 1t is argued that Congress may look behind bis
certificate to ascertain the facts, as a court may
20 behind the mere ministerial certificate of a
clerk, purporting to verify judgment to see " hat
Tue Judgment really Is, but ii Congress revise
The action OF the board, 1t must 20 to the bottom
OF the poll and ascertain the True vote in all the
contested counties. 1t would have te 20 as lar rs
court In quo waitanto proceeding. Such an
attempt would not be made, for there is not time
and anything less would be unjust, for going to
| the bottom of the poll the committee say would
show according to the evidence taken by them
| That the Hayes electors had more than $50 major
| lty.
Specie Resumption.
The World says the President probably will
| soon send message to Congress, recommending
immediate resumption of specie payment
A New Treaty.
The new eNtradtion treaty vito Spain will he
sent TO congress to-day by the Ple.ilent II pro-
vdes for eNtradltion on the same basis the Eng
lish Treaty.
Caucus.
At the adjourned meeting of the Senate repub.
llcau caucus this afternoon, Messrs Edmunds,
Merton and Frelnghuy sen we've unanimously
chosen to be members of the Senate branch Of
the Commission and they will be formally elected
by the Senate tomorrow, with Messrs Thurman
aud Bayard. All five were members of the Joint
committee which framed and reported the com.
promise bill. Proceedings of caucus this
afternoon were entirely harmonions.
The original opponents of the bill desired to be
represented on the commission not only by Mr.
Morton, but by some other Wesern Senator show
ing their views, but no personal nomination was
made in opposition to that of Freliughuysen
which was supported by all fliend. of the bill, in.
Guiding Senator Conkling.
A Extensive Undertaking.
Mr. Getchell, the new superintendent of Do
lice reported to the police board to-day that he
had found seventeen suspected gambling houses,
seventy-one houses of III fame one hundred and
seyenty-six places where liquor is sold without a
'cense' and twenty-five assgnaton houses. He
mas expressed determination to rid the city o.
these places and will commence movement in
THIS direction Immediately,
Confirmed.
The senate confirmed tue following nomina.
tons to-day;
Ellis Spear, Commissioner of Patents
John 5: Barton, Collector of Customs at Nor
folk and Portsmouth.
James Milward of New York. Consul at Client.
William F. Hughes, Iudian Agent at Grand
River agency. Dakota.
The democratic senators were in caucus a short
time after the adjournment of the senate this at
terneoR, and selected Mes.rs. Thurman and Bay
ard as two senators from the democratic side as
members of the commission.
Justice Davis Declines.
Associate Justice DAVIS, as soon as the bill con-
shutting an electoral vote commission passed both
houses, notified his associates and other friends
that in the event of his being offered the fifth
place in the judicial branch of the commission
under no circumstances would he allow his name
to be used in this connection. lie considers it in
delicate after being elected senator to take posi-
ton which might be open to criticism, and refuses
absolutely to reconsider his decision
The Judges.
Associate Justices Clifford, Strong, Miller and
Field, the four members of the supreme Court re.
CURED by the electoral act to serve upon the jude
ial branch of the commission, were this evening
each furnished with certified copy of the act by
the secretary of state.
They meet tomorrow TO select fifth associate
in accordance with its provisions.
A False Rumor.
false rumor gained currency at the capital to-
day that representative Alexander Il. Stephens
was dead. Though quite i'll he i. in no immediate
danger
Democratic Caucus.
The democratic causus to night ballotel for
three members of the house to serve on the cleo
toral cemmtteee and selected the following mem
bers, Payne of Ohio, Hunter of Virginia and Alb
bolt of Massachusetts. No other business was