The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-07

which II is offered, II the occasion re-
quired 1t, II Justice required it, II the
powers Of this commission tolerated 1t,
would carry 1t to whatever point Of the
final canvass Is to be attempted. That
the certificate of Governor Stearns was
in accordance with the act of 1902 was
not questioned, nor was It proposed on
the other side to show that the facts as
certified did not exist by any intrinsic
evidence.
1t was further proposed to introduce
evidence to show that Humphreys was
United States officer. This was a matter
Of surprise for II was matter of discus.
sion at a meeting of the canvassing board
OF Florida. He read the testimony of
Humphreys that he had resigned ten
days before the election. His resignation
had been accepted and duties of the office
discharged by the collector of the port
OF Pensacola. There is n consideration
in this case of whether the houses OF con-
gress, in the matter Of the count, or the
president of the senate, IL he has author
ity at the time of their meeting for the
constitutional duty of opening
and counting the votes, has
any powers accorded by law for
any intervention of methods of proof.
II a disqualified elector has passed the
observation OF the voters in the state,
passed the observation of any sentinel or
guards that may have been provided in
law for excluding from actual election or
for the annulling Of an apparent right, if
this disqualification should be made to
appear, that when these are all over past
and the vote stands on the presentation
and Authorization OH the constitution,
which is the certificate of the electors
themselves, and on the act OF congress it
must stand interchangeable and unim-
peachable there.
This tribunal cannot receive evidence
in addition to certificates of the nature of
that which is offered. That is evidence
that goes beyond the states record of its
election, which has been certified by the
governor as resulting in appointment.
When the commission undertakes to in
quire as inter parties and q matter Of right
which of the two competitors Is really
elected in an honest and searching inves-
tigation, It undertakes an Office that is
judicial, and powers for exercise are at
tempted to be invoked in favor Of those |
who support that view by the necessity
of the exercise Of imputed power re- |
quiring adequate means for that investi-
CATION in that the nature of right and in
Quiry are pleuary means. There are
no means judicial that are ade.
quate for that inquiry that are
not plenary, and no plenary judicial
powers can be commit licated under our
constitution by congress, to say nothing
of minor powers that are judicial in their
nature except to tribunals that are court
tribunals, that are inferior to the SUI
preme court, and that are filled by judges
appointed by the president of the United
States and confirmed by the senate. Will
any lawyer, expert or inexpert, mention
topic or method of judicature or juris.
prudence that involves the possession of
larger means of reach and more complete
control OF powers and methods than the
| trial OF q quo ,oar7a,,to for an office that Ii
to search an election, but not only is II
beyond the power of congress to tranfer
| the powers of this law to this commits
sion, tho powers court of plenary
reach and efficacy, but on top OF the quo
,oa,ranto to try the title OF an office we
would find subject In regard
to which the constitution had interposed
an insurmountable barrier to the consti
tuition OF court like this. The quo par
ranto ia matter and action of common
law. 1t involves matter of right and
the introduction of jury into Its meth
DDS. No case OF contested election was
every tried under the sense OF the state s
use of the proper tribunal without 8
Jury, but the provision here is that il
every act of a certain amount OF dignity
the right Of trial by jury shall exist, ant
the verdict shall never be examined ex
cept by the rules OF common law. MOI
can it be said that If judicial power here
and the judicial power originating under
congressional authority to make courts ID
source OF his authority claimed,
these are impedimentS that cannot
be surmounted. / find in the act
OF 1877 no such purpose in
arrangement with powers to make this
court under the constitution. l find no
appointment of these judges to this court
under the powers of the constitution. l
find no means for writs and their enforce
ment. II you are made superior can
vassing board to determine whether Gov.
ernor Stearns' certificate to the effect that
electors were appointed is valid, you are
nothing but returning board surmount-
ing the final returning board to sec
whether their returns justify that certifi-
cate when once you find that it does, the
de faeto title and possession is complete.
This quo ,earraito suit, Ii 1t becomes the
subject of evidence, is a matter Of evil
dence that declares absolutely on the
position Of the Tilden electors that Hayes
electors were in possession OF the faculty,
the office or what not it may be, and are
exercising it, and they ask that an inquiry
may then proceed in due course of law,
bringing them in only by process on the
18th of December long after their vote