New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-12


The functions of the tellers have been well defined
in practice. They are "to make list of the votes
rs they shall he declared" and ito deliver the re-
suit to the President of the Senate" The question
may arise: Who declares the votesi The reading
of the returns has almost always been done by ono
of the tellers after the packages have been opened
by the President of the Senate, Or as in some in
stances have been handed to the tellers with UNI
broken seals The President of the Senate has al
ways declared the result it has been reported to
him by the tellcTs, but the votes themselves have
almost invariably been declared or read by the
teers acting of course as the representatives of the
two Houses The ODD Joint Rule, which in this
respect simply put in permanent form what
had before been substantially adopted ON each occa
sion when the electoral votes were counted, was
based on the theory that the counting took place
while the certificates were III the hands of the tel
lers It's language was that the ellers shall make
list of the they shall appear from the sad
certificates, and the vote having been counted the
result of the same shall be delivered to the PreS
dent of the Senate"
believe that in the absence of any agreement rs
to the mode of procedure, the unhroken line OF pre-
Cedents, which requires the appointment OF teiers
the delivery to them of the certificates. and the de-
cision by the two houses of all questions that may
arise while the certificates are in the hands of the
tellers will be followed.
Fopyfb: Objection will undoubtedly he mace TO
counting the votes of several States and II so the
House will withdraw in order that the two branches
of Congress may consider the objections separately
There is no reason 10 believe that the Sonat" VIII
throw any obstacles in the way of this separation
or that the count win proceed in the absence oi the
Uouse The right of the House or of the Senate 10
withdraw from the presence Of the other has never
been denied In 1917 when Mr.. Taylor Of New
York undertook to state his fer Directing to
the counting of the votes from Indiana the Speaker
interrupted him by saving that the two houses had
met for a single specific purpose. that OF count
ing the votes, and that while performing
this constitutional duty they could consider no
prouostion nor perform any business Senator
Narnum then proposed that the body OF winch ne
was member withdraw, for the purpose OF aio"-
ing the House Of Representatives to deliberate upon
the question which had been Suggested THIS was
unanimously agreed to by the Senate. On every
subsequent occasion whenever question has arisen
upon which debate was necessary or desirable, the
bouses have separated and each las acted n'e-
pendentlv until one has informed The other OF the
action it has determined upon.
rim: Once having separa ed il viii be impossible
to tell in advance how long the discussion may con-
tinue in either house. 1t seems TO he generally ne
Geved that the ordinary rules of debate VIII Apply
in the House of Representatives and that under the
be able 10 bring the House to vote at any tine.
Prominent Democrats express the opinion that the
House will not desire to spend much time in discus
ing apv Question that may arise touching the vote 81
any State In the Senate there IS no previous CUES
tion and since the failure to readOpt the 22d JOINT
Rnle there is no way limit debate except by mold
ing the body in continuous session until its members
are exhausted and are willing TO vote. whether
the Democrats would resort 10 extreme measures
like this in order to prevent the declaration oI the
result of the Presidential election or not, and
whether if they should conclude to do 50 they could
successfully carry project OF this kind into opera
ton is a matter of very grave doubt.
Sirfh: if the debate over a disputed vote should
continue until the 18th of March, and 10 announce
lnent of the II suit Of the election should he made,
the President of the Senate would become the acting
President of the United States at noon on that day
The act OF 1892 provides that in case OF removal,
death resignation OF inability of both the President
and Weep resident of the United States the Presl-
dent of the Senate if there is none, then the
Speaker of the House of Representatives, for the time
being shall act as President until the disability Is
removed or a President elected.' 1t has been urged
that this act does not cover where The vacancy
is caused by a failure to elect President, and that
in such a contingency there no provision either III
the Constitution or laws OF the United States for
filling the executive chair until President can
lie chosen In answer TO this IL may be SAID that the
trainers of the act OF 1892 intended 60 cover ali pos
sible cases, and 10 prevent an interregnum from
occurring under any circumstances whatever II
they did not do this il was because they did not
foresee the possibility that President should not
he elected before the day which his Inauguration
ought to take place. But if new election becomes
necessary there Will be no iEteTegnum hthe rght
of the President of the Senate TO act as President OF
the United States until the Now President is chosen
is disputed Gen. Grant will undoubtedly resign his
office on the Sd of March, whcreupOn the President
of the Senate will assume the duties of the Chief
Executive and will continue to exercise the func-
tions of the Office until a new President is elected
Ser,ah: Several methods of bringing the House
10 an agreement upon any disputed question have
been suggested. One, adyOeatedby some Democrats,
i that the two houses shall be brought into accord
through the agency OF conference committee.
There is no precedent for proceeding OF this kind,
and il is doubtful if any question which may arse
could be settled by conference committee any
more easily than by the tive houses themselves.
Conference committees are appointed III cases where
q compromise between the two houses Is possible,
But if the Senate votes to receive the returns from
certain State and the House votes that they shall
NOT be received no middle ground between these
two pOsitions is possible; house or the other
ust absolutely recede, and this recession can Just
a. wei be brought about 10y direct resolution pre-
sqped 10 the entire House through the agency of
conference committee.
Eigbth: II after the houses have separated and dis
cnssion has taken place il is apparent that 10 agree
inept can be reached. it will still be possible that
ioint committee may be appointed for the purpose
of devising some method Of counting the votes 10
which both houses shall agree. Many questions