The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-09
THE ELECTORAL COMMISSION,
Eighth Days Session.

| session at eleven o'clock; counsel all pres
ent except Judge Black. Judge Clifford
stated that proceedings were in order I'M
| der the orders adopted by the commission.
Green, counsel on the democratic side,
called George p. Rae of Florida, who testi-
fed that he resides in Tallahassee, Fla, and
is attorney general of the state.
Q1eston-Were you present when the
writ Of quo ,odrranto was served2
Evarts objected to the question as not
within the order OF the court. Green said
they proposed to fix the date of the quo
aoarrantO proceeding, as they did not con-
slider that the order of the commission ex-
cluded that question. The question was
put TO the court. The objection of Evarts
was sustained.
James L. Young of Pensacola was next
called. He had known Humphreys for 10
years knew that he had held the office
of shipping commissioner. Green then
presented the commission of Humphreys
and the certificate from the clerk of the
| COutL III WulCu luI COihiulnnlOh was hlCb,
that no resignation had been filed up to
January "a, 1877. Witness stated that be
had transactions with Humphreys as ship
ping commissioner from some time in 1878
up to the time of leaving Florida, in Au
gust last knew the man to be the identi-
cal one voted for as elector. Green said
that was all the affirmative evidence.
Humphreys was called by Stoughton. Had
been shipping commissioner. His resigna-
ton as such was accepted October by
I-LIldge Wood. from whom the office came.
the resignation. Mr. Merrick objected to
the production of the paper, as it was an
act of an individual and not an act of the
court. Witness said the paper was receiv-
ed from Judge Wood in answer to his
resignation. The letter was read as alrea-
dy published. A letter from the collector,
dated October 5, asking witness to turn
over the books of the office, was objected
to by Mr.. Merrick. Witness stated that he
did 80 turn over the office, and had not ex-
ercsed its functions since.
Humphreys was cross examined by
Green, and said the letter was addressed to
Judge Wood at Newark, Ohio, and the re-
ply came from there. There had been no
session of the court at Pensacola since that
time. The testimony was closed. Justice
| Clifford then announced that the whole
case was now ready for argument, and I'M
der the third rule counsel would be al
lowed two hours on each side.
Mr.. Merrck said they had asked the in
diligence of being heard by three counsel,
and that, as some important questions Lad
arisen this morning, the time be extended
another hour.
The commission granted the extension.
At 11:45 o'clock. Judge Hoadley CON-
menced his argument. He contended thai
the tender of the resignation to the govern
or in Ohio and the acceptance of the samt
by the judge in Ohio was not an act of thu
circuit court of Florida, and therefore thu
resignation of Humphreys had not been lie
gally accepted, and he was consequently a
this time holding an office of trust undel
the United States. He argued that the eff
feet of the disqualification extended no
only to the elector but to the state which
appointed him. This view he supported
with quotations from debates when tn,
constitution was framed, holding that tn,
election of an ineligible elector worked tn,
forfeiture of the vote to the state. 1t wa
intended to protect the several state
against the illegitimate use of fedora
power in any one state. Time had no
shown that the evils from fedora
interference were any less thai
our forefathers had apprehended. HI
said in 1887 five postmasters wer
among the electors, and DIR. Clay introduc
ed resolution directing the joint commit
tee to inquire into the Infringement of thu
clause of the constitution. 1t was then hell
it was the duty of congress to take testimo
ny and inquire into the facts. The com
mission did not find time to ascertain
| "hOShSl pal iNo VI kuO phllC nuluC WSlO VIA
same individuals, and as their votes woult
not change the result the inquiry was no
carried out. But at that time the idea wa
entertained, although the commission dit
not 30 think, that a single disqualifie'
elector vitiated the whole electoral vote
Judge Hoadley quoted English authorize
to show that in the event of the election G
an ineligible individual the election wa
void. There was no American preceden
to the contrary, although there had been
wide range as to the effect of such failur
to elect upon other candidates. In tn
Pennsylvania case, where the candidat
was disqualified, the election went back t
the people. In Indiana cases the mex
highest candidate had been elected, and !
other cases the party had been unseate
without seating his opponent. Act
of congress indicated dil
position to furnish remed
where disqualified electors had been chosen
as where 1t was provided that the stat
might select new elector where one di
qualified had been chosen. The state ha'
ing failed to take advantage of section Il
of the revised statutes, having failed
remedy the non-election, there was
vacancy, and one vote was los To the stat
He referred to the decision OF the judg
v in the late Rhode Isdand case, to the effe
o that the ineligibility of one of the oand
Il dates worked vacancy which cou
be filled by the Legislature, and argu'
that had the office not been filed "
cancy would havej existed in that stat
Florida, like Rhode Island, had ample o.
portunity to correct the error and fill Il
8, vacancy, had she chosen to avail herse
g. of n