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

REPRESENTATIVE Hcar put the case Of On |
Office holder being elected to the senate, !
and asked whether, il the officers resig- |
nation OF Office were not accepted, ne
was thereby to be Kept from his scar.
Mr. Merrick replied that the fact oil ms
being admitted to his seat in the senate
would be a discharge from the ofiice
which he held, provided he had prior To
that time rendered his resignation.
Mr.. Hoar inquired whether the same
rule would not apply in the case OF an
elector rs well Is in the case OF q senator.
Mr.. Merrick replied that In the case OF
senator the disability would be only
personal, while in that of an elector II
was impersonal. In other words. the
state was positively forbidden to appoint
| itation upon the power OF the state. anu
not a personal disability of the man.
Representative Abbott-You also
claim that. even IL the acceptance OF the
resignation was not necessary. the resig
nation itself must be sna,le to the count.
| Mr.. Merrick Internationally the
resignation must be made to the power
that gave the appointment. suppose
Humphreys had resigned TO the clerk OF
the court. addressing private letter 10
the clerk at Newark, OHIO, would tha' De
sufficient:
Presiding Justice-But ii he sent it TO
the judge, and the judge directed IT 10 oe
filed:
court is in session then it is the act al
the court.
Representative Gartield-Do you hold
that in case of long vacation or in case
, of the court being abolished by law, or In
case of the death of the judge who gave
: the appointment, this officer never could
have resigned:
MIR. Merrick-I should have referred
that case 70 one OF the returning boards OF
the South. hardly know what reply te
make.
Mr.. Garfield understand your posi-
ton to be that he could not resign. except
while the court was in session.
Mr.. Merrick-I presume that death and
the extinction of the officer, and aboli-
, ton OF a government, and wiping out OF
nation make exceptions to all princl-
| piles Of law.
, Justice Miller-You say the distinction
between the man who accepts the office
of senator and the man who accepts the
office of elector is that in one case the
r objection goes to the power OF the STATE
: and IN the other case it does not. Wha
! is the difference in question of the powe
. of the state!
Mr.. Merrick-In one case the prohibi
ton Is that no person shall be a repre-
sentative or senator who has no
attained certain age I; in the other case i
is that no person shall be appointed cleo
. tor who holds an office of trust or profit
Wherever there Is power given 70 90 an
act the donee OF the power can only eNer'
else it according to precise restrictions
and Limitation OF the donation.
Mr.. Merrick then passed to the gu s.
ton Of rival certificates, and was arguing
in favor of the legitimacy Of the secont
and third certificates, the Tilden certlli
, | Gates.
; Senator Thurman--Suppose the Tildei
: electors had not voted at all, would 1t b
competent to show by subsequent stat
q proceedings that the Hayes electors VIII
!. did not vote had no titles. That Is tn
. real question.
Mr.. Merrick-Most unquestionably
il The state cannot have her voice simuis
;, ted, whether her real voice Is spoken o
# not. 1t appears that on this occasion In
y true voice of the state was spoken, but
d it had not been there could have been n
II more power and vigor in the simulate
= tones of her voice to reach the council
"a of the federal government than there
:. when simulated tones come ringin.
!, along with those Of the true sentiment 0
"a her people. The state
N not 10 be deceived, defraude
Ia aud cheated. She might, prior TO tn
time that this electoral vote was east
have Instituted her quo 'carTanto, stant
/. Appealing to Ter judicial authority, an
l. asked these men. By what warrant d
le you presume to exercise the power {
: this state: And so standing enc coulC
{ have stripped from them the govern
: ment they had stolen stripped from thei
: shoulders her livery they had stolen L
l. serve the devil in.
Mr.. Merrick then quoted number o
authorities from the supreme cour
{ showing tina. the uniform rule was 70
: that court to follow the state decision
u on the subject Of the local laws OF tn
l. state. and commented on some Of Judg
: Bradley's opinions 10 that effect Mr
: Merrick claimed in conclusion that III
I. record OF quo gayTanto proceedings wa
q before the commission. if not az evidence
u at least as showing the law OF the stat
. Of Florida. and that it informed the com
!. mission that according 10 the law o.
u Florida the Hayes electors were not ap
pointed and that Tilden electors were.
The commission adjourned till II
!, O'Clock tomorrow.