New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-24
4 REVIEW OF TIE DAY.
TIE TRIBUNALS DECISION:
, CRISIS AvOIDED-A DECISION REACHED AROUND !
MR.. THURMAN's BED-ARGUMENTS ~ SECRET |

BY TELEGRAPH TO THE TRIBUNE. J

MR.. THURMAN's BED-ARGUMENTS ~ SECRET
SESSION.
IBY TELEGRAPH TO THE TRIBUNE
WASHINGTON, Feb. 23.-The COmmissi tded
0xer q serious crisis to-day which might have pre-
vented the timely conclusion Of its work. Senator
Thurman did not appear al the meeting durlng the
dav. The argument went on until O'Clock, when
The closing speech made by Judge Bradley was con-
ciuded. Then Senator Bayard read letter from
Mrs. Thurman, stating that her husband was IN bed
suffering intensely from neuralgia, and that 1t
would be impossible for him TO leave the
louse. Senator Morton insisted on going
on with the vote on the Oregon case
without the absent commissioner. Nothing could
have been more unwise than this course. The con-
tipgcncy provided for by the Electoral law Of the
disability If one Of the members had plainly arisen.
The requirements of the statute are imperative that
avacancy occurring from such cause shall he filled
BY the appointment of new member. If the Re
pnblicans had followed Mr.. Mortons lead and
forced q vote the Democrats would unquestiOnably
have withdrawn at once. the ground that the law
had ben violated, aud that they were no longer
bound Ia honor to complete the count under It's pro-
visions
Fortunately there were cooler heads than MI
Morton's among the Republican. Commissioners.
When the Democrats made preparations TO adjourn
for Ia li they were met by the suggestion that
committee be sent to Mr.. Thurman's house TO III
ouirp if the Commission could not wait upon HIM
and obtain his vote. TINS was aSSeDted to, and Mt
Bavard and Mr.. Frelinghuysen set out on tins
mission The Commission took recess OF
half an hour, and, in order that no time
should be lost. Judge Miller and Senator
Edmuuds set 10 work drawing mp the report
and the letters 70 the two houses As to have them
ready for signature. Meanwhile carriages were or
dered At a little before o'clock the committee re-
turned with tho announcement that Senator Thur
man was very i'll, but that he would receive the
Commission The Republicans felt that serious
danger had passed. If the sick commissioner had
refused 10 see his colleagues his place must have
been filed and the new member would probably
have ns. ted on having the whole case argued over
again; thus two days would have been lost III a crit
zeal period when every hour is precious.
Gathering mp their papers the II commissioners
with their officers took carriages and drove TO Mr..
Thurmau's house. As the string of vehicles drove
Up to the door and the procession of grave-lookng
men fled across the sidewalk, MIS- Thurman re-
marked that it looked like funeral. The Tribunal
was FIRST usLcred INTO the parlor One of the Demo
Gratis suc-escd that it would not be lawful to vote
there and send up stairs for the sick mans vote AS
Well might they ali have remained at the capitol he
said So the H. with Their cerk, went up stairs and
packed themselves as best they could into Senator
nurnan's bedroom, some sitting on the bedside
some on chairs and lounges AID others standing Mr..
ElIduds offered a resolution that Cronins return be
not accepted it not being in accordance with the
Constitution and the laws. A number of substitutes
We're offered By Judge Field and Mr.. Bayard, all
looking to the counting of only two electoral votes
from Oregon One after another rejected by
the regulation vote of to z. Then for the first
time thoroughly nOn-partisan vote was had Gro
nins return was rejected by Yeas 10, Nays none.
Thus poor Judge Hoadly, after inventing Cromn
and spending the whole Winter in twisting legal au-
thortes sustain his fraudulent act does not have
the consolation Of getting the Endorsement of one
solitary member Of the Tribunal On the final reso-
LUTON for counting al three of the electoral votes OF
Oregon the Commission fell apart again, as usual
and the vote again stood 10 z. The report was
duly signed before the Commission left MIR. Thur
mans house.
In the arguments made yesterday and to-day the
Democratic Commissioners conducted their fight
upon two points. Abandoning CroEihs vote, they
Inst maintained that the certificate of Gov Grover
as lar as Odel and Cartwright were concerned, hay-
ing also the signature Of the Secretary of State COM
O'ned the force Of a Governors certificate and the
return Of canyaSsing board, because the Secretary
VI state IS the eanyassing authority IN Oregon
IAey told the Republicans that they could not 90
oeh'nd that certificate if they were bound by their
Florida decision.
ms argument was admirably answered both ey
Judge Miller and Judge Bradley. They held that
tne Secretary Of State and the Oregon statute
"se'hcr comprised the returning board in that
''4e The Secretary being required TO add up the
votes and when this is done the statute declaring
'lA' the candidate having the highest number is
oiec'ed NodeclaratOn Of the result is made by the
secretary. but the voice of the law makes it, Judge
bradley further called attention to the fact that the
hayes return was accompanied by certificate of
H'e secretary OF State that on the 4th of December
Al accordance Of law, be had canvassed the vote in
~esehce Of the Governor, and that the annexed
@Ole was a true statement Of the result. The
SiOlin certificate was dated on the 9th, and was
s"eieiore the Judge argued, later thing made two
S4y' after the real canvass and could not be itself
Nle canvass, as the Democrats claimed.
lie second point of the Democrats that
"alts was ineligible on the 9TH of November he
'Ouid not be elected, and there we're consequently
Sniy two electors chosen. There no vacancy.
-ey maintained to be filed by the statute, because
seeh once filed. They stood upon a wire-drawn
Nchhleaty as 10 the definition of the word va
~Aey" Judge Strong answered this point by argIl-
-"s That remedial statutes must by well-knOwn
ssDon Of Interpretation be literally construed. In
S case it was plain that Oregon had in