The New York herald., 1877-02-08


upon such complaint
ixDIcArioxs or the SECOND ospra
That this is correct view Of tie commmission's
position is made more probable BY the second order
and by tho exception made in the nrst The commits
sion refuses to hear evidence or against the ccrtd
Gates. These are, with an their contents pubnc acts.
records and judicial proceedings OF State, anu there
lore competent evidence In themselves rhcy relate
TO State concerns, and the commission therefore
cepts these records and will not 60 behind lhsm. But
when the question Of eligibility OF cccsor up.
the charge being that he incompetent because he
hold Federal oflco contrary to a provision OF The
Federal constitution. then tho commission de-
clares that u will hear evidence. plainly on the
must take notice Of violation OF the constitution.
II. now this is u right Interpretation OF the COM
missions position, II follows that u will weigh i'm
partially all tho certificates with all tho they
TAIN No doubt the republican counsel will argue hat
the certificate OF Governor stcarns nnal tho
ton OF tho stearns Returning Board 'exercsing the
powers conferred upon them by law" Judge Mat
tnews put II, Is nnai But to this the democratic
counsel would that though such action may bo
conclusive against Congress- Il Is not conclusive
legislature and that what the State by these voices
has say thecommssion, acting for tho two houses
must give bearing TO- Nor Is this ALL
II may bo said ,ha; n tho commission should, under
,s ar.t oraer bod that thu q n.
final and conclusive this would DO to establish that,
though democratic Governor might givo his certa-
cato Tden electors. although his State had gone
overwhelmingly, or even unanimously, for Hayes or
II the Returning Boards action Is final 1t would simply
oncr premium for fraudulent returning boards for
evcr if,r held Judge Matthews argued that all
protests of State be made com plotted before
the day which the electors meet then this would bc
to say to political trckstes You snail succeed II you
are quick snough.n
Briefly, II this theory Of the commissions action Is
correct It has said 70 the people Of rlorida-.You
must manage your own affairs; II you mudde or mis-
manage them 1t Is at your own risk; wo cannot set
them straight for you. but will hear all you have to
the evidence you present seems lawful and just,
but will not look beyond what you tell u.s.
It is Of against this vew and tho fact mado
known to-day that tho commission would not 60 be-
hind the returns that caused the great ubilaon on
tho republican side.
THE INELIGIBLE QUESTION.
A good deal OF uniavorable comment has been made
upon the fact that the republican members OF tho com.
mission voted agninst hearing evidence as to the
eligibility tho elec,or Humphreys but in this case
Mr.. Justice Bradley voted with the democrats This
action ofthe commission guards tho constitutional
provision that federal oface-holders shall not be
electors II shows that the commission will look
into oven formally correct certificates such US that of
Governor Stearns to SEQ II they correct
rHE OTHER STATES.
The Louisiana case is not affected by these promi.
nary proceedings. IL will stand on different ground
altogether How the Oregon case Is affected Ia not GER
tain tonight IL is clear that Watts tho ineligible
eloclor there. did pot resign until after The election.
aud was therefore, accordingto many prccodents n.
competent to be voted for His ineligibity ON this
tho other electora But about this there will he as
much argument as tho commission Will allow oa both
SIDES II Is point on which tho lawyers will tako
great delight