The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-05
equities of tho casc wore TO be dealt with as the
law und tho fafta tucttnnt


But while Mr.. Justice Bradley approved the
proposition Of Messrs, O'Conor and Black.
neither ia his manner the tone Of his vice. nor
slightest Indication OF any bias. while tho con-
trary WIS apparent from the manner OF Mr..
s%scc well as G the Of pnST9 Mr. Jns s
@Sy @ DpsSSs prSssssdnss %s' psnaSai & 's S"siS
tho Demo- ratio counsel IL to expedite tho hunr-
ing and at the samo timc present all tho frts
involved ~ wcll ns the law. and the iopubli,nn
counsel seek by every method TO prulung tho
dis ussipn. Had the suggestion Of MIR. Justice
Bradley been accepted tnrre wouli hnvo b'en
but on, bearing. hnt 10y following tho proposl;
tion of Mr.Juslicc McrthcrG viii bs six hours
discussion upon ne proposition 10 Mint ,yi-
drn"e. aud then still longer argument ON tho
WITH respect 10 the arguments on the question
but one opinion from impartial judges The
effort Of Mr.. Merrck was not only exceedingly
able. but j evnced thorough preparation und
dis .ussed generally the power OF Congress 10
deal with the question ot counting the electoral
votes. and showed 10y unanswcrnblo reasoning
thnt 70 count the votes was not a mere minis
terial duty. The argument OF Judge Blnck WIS
brief. but bristlel with strong points. and
placed his side OF the case clearly before the
commission. as well IA before tho general
public. 80 that the commoncst mind could grasp
ami understand 1t. II was not n question, he
said. of going behind the returns of II State but
the right. tho duty OF Congress TO SEQ that "A
fraud. "A mcro chcut was not practiscd upon n
State Icy Il band of knavsh conspirators The
remedies herself. She kad. through h Rgr iuaa- aG-
cial, Legislative. and executive channels. pur-
sued the wrong and undonc IT, and II was now
To- he determined 10y the Congress of the United
States through this tribunal, which i had made
It's substitute whether Justice and, right should
triumph or whether fraud should be legalizcd.
The force oi this reasoning was made mani
fest wnen Mr.. Matthews and Mr.. Stoughton
came. to reply; Mother Of them held that the
certificate OF the Governor OF a State was con-
elusive. They admitted that IL "a wrong had
hg an t.at tn la
and that If one set Of executive officers had AT
tempted to defraud the people of "A Stat" oi their
right 10 appoint electors, II was competent for
succeeding officers to undo the Illegal acts of
| their predecessors. provided they did 40 at the
| proper time. In point Of fact. they admitted
| that the proceeding 10y quo warranto on the part
| of the Tllden electors was proper one, but
contended that, inasmuch as this legal remedy
was not applied and judgment obtained before
| the Hayes ele tors consummated the fraud. II
was too late. and, therefore. null and void Had
the title Of the Hayes electors been tried and
found Insufficient by the courts of Florida be-
fore the 9Th OF December. 1916 the judgment OF
the courts would have been conclusive: but, In
gun before the time fixed by law for the
electors TO meet and was not determined
effect In plain English, they admitted that the
courts Of Florida had adJudeed the act 81 the
Canvasslne Boari IN certifying that the Hayes
that the assembling OF the electors go certified
70 be elected was wrong; that their. act in Gust
fraud. and that their return with the Governors
certil' alto attached was false; but, inasmuen rs
II was fat dccOmph before IN. Judgment Of the
Court was rendered. It must stand. All that
the commission could do was to determine
whothor or not the tanvassing Board had in
regular form certified that the Hnycs electors
We're elected. that they met nj the time fixed by
law and cast their votes. and TINT the return
quircd by law was in due form made out. and.
with tn" crrtincute Of the Governor attached,
transmitted 10 the President OF the Senate. In
other words. TO determine whether they were
on Dec. .. 1870. de JdcO electors for the State Of
Florida, and had complied with all the forms of
law and II that was found to be the oasc. then
their votes Tor Hayes must be counted.
ocoSor S opens anil AMI Mr Eyarts @iossS r6afni hem
the commission will determine in executive ses-
sion what lis decision shall D-.
II is surprising to SEQ with what pertinacity
the kepubllcan- ns "a cluss stick 10 the assufnp-
ton that the commission will not 20 behind the
St"arils returns because, ~ they urge. the bill
creating II provides against any such action.
When questioned a. 10 what particular claus" ot
the bill lays down tins rule. they gct mystrri-
Gus at once. and seem 70 have formed
combination to press their notions hy
these mysterious insinuations. They udd that
tins wlll explain the particular and marked dog
point. IA well as their general line of httle. A
legal gentleman OF Cincinnati, who ls intimate-
ly acquainted with Judge Stanley Matthew'S re-
late. having called On him IN GIN innatl soon
after the publication OF tho bill and when tine
latter had lust been retained as k"punigan
enunsel. In answer u question from Judge
Matthew's as 10 what he thought OF the bin. he
SAID II seemed to provide for settling the busi-
ness in a hurry. judge Matthew'S Assent
you also SEQ that il expressly puts
q, stop to going -, behind the, returns:
That is clear, amt will make that the bas Of
my argument" The gentleman was not able 10
put his finger on the important provision. and
SAID sad that those Th9 were familiar with the Of
his manner Of handling the present case. He
seemed 10 FOUNDER around. and certainly he
failed TO point out the particular featur OF the
bill which sustained his oXtravagant claims.
The Nepubllcans don't like 10 dis uss what
Will DO done in all probability in the Oregon
A
Governors certificate Is established. but bolster
their hopes with the notion that perhaps they
certhcqte 81 Gov. Grover. beyond any now
Claimed. They are deeply perpleXed over
the prospets. and don't know which
Dnmocrats claim 10 have good reasons Tor
thinking that either 10y Il vote OF nine ~ six or
eleven 10 four the commission Will decide to
20 behind the certif ute oi Stcarns from flori-
into tn unlatnOml,ble abyss OF alle.ntiGns ani
counter allegations ~ submitted by the inyest-
Hatng committees, hut merely IN order t. rs
tahiish what the people did at the recent elec
thsd returns from the county officers
nov now In III possession ot the secrst9ry
had a majority Of 95 votes and this must stand
as the verdict Of the people. The tribunal. 1t is
believed, when tho question IL presented as tQ
the powers and limits Of the Canyasslng Board
over these returns. will declle that their at
tempt TO discard certain precincts and manipu-
late returns to suit their purposes. wns clearly
the Florida statutes
The short time allotted to tho discussion md
decision OF this test cnse makes II impossible to
10 into the merits OF testimony prepared 10y the
committees. but the tribunal viii treat the case
rs one IA equity as we'll as IN common law, and
decide that the Governors certificate ls not con-
elusive a5 against the force Of tho original re-
turns. The Florida board Is not an absolute
monarchy under State law like the Returning
Board oi louisiana.
SIX HUNDRED CONyERTED