The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-01
THE PROBIBIE OUTCOME.
Tiiden for President aud Wheeler for Vice.
PIES idcnt.

Al al.
NAshlNuloN Jun 'o'-N"N ,'''U nv NV
toral commission II oreahHcd' th're IL pro-
louhu ana a ha'urhl ahNl"'y us 10 It's I'ro.'o'o
dccisIoh' col0rod Oh course ny inc paru"',.''S
unu 'no Pr'Ju"lv's VI Wv Voh''"u,"E p"'''9'
Do'' S'u's oNpr'ss confluence Ill 'ho "'','''",'
result p,' VIZ h'pupI'"ns nav hu"'i's,'
w'ak'heu IN 'n''r pr'u'hd'u I"lth' s,h'e inc
touchs'ohe Oh luuiclal Investigation IL 10 pc
sterhy "ppneu 10 tner casc before INNS ui-
Duna was crea''u norton ana MS iohoW',rs re-
lieu apsoiurN upon 'ne ir,siu'htoi uhe Hchno'
10 count In hayes ana ON Grant 10 sustain 'nW
proceeding VITA all the military power Ut MS
command.
In the changed SITUATION their sole reliance
Is that the Electoral Commission may declare
there Is no power 10 go pehihd the returns ana
n Governors certificate oil electors must be ac-
cepted US conclusive In spI'e Oh migrant rau''s
whlch IL may VIGOROUSLY cover. lheeNtchsioh
OF TINS RUE would elect Ilidch ny one vote from
oregon OF III ieast make u lie, anu throw his
election into the House OF representatives
This logical conclusion II answered by inc no.
publicans, who claim that n vacancy existed In
oregon by Wattss resignation. which MS TWO
associates had the right To I'LL. Unfortunately
LOT thls prc''hs"''' ue supreme court hhN' JUST
decided that NuD' ofllcer remained an ollcer'
even though ne had resigned ana the reslgha-
uoh hhd peeh accepteu' until his successor
qualified.
The weakness OF the Hayes cause Is therefore
exposed by contradictory claims which would
require the tribunal to stultify itself in adopting
them. ana by an unwllllngness TO confront an
honest ana searching investigation, whlch
Wouiu prlh. the Whole lruth GU. III prpau sun
light IL relies wholly upon technicaiities ana
of judicial scrutiny. At every stage of this CON
troversy the managers have been forced to fall
back upon quibbes. false interpretations Of law.
forms and shifting shams to prop up their tot
tering fabric. in the absence Of real votes which
even their own commissioners Of election never
pretended to claim. Their only occupation has
been TO destroy Democratic majortics returned
by Republican officials. and their instruments
have been fabricated affidavits and political in
timidation.
Although the Electoral act requires n special
oath TO be administered to each member Of the
commission. il is not a violent presumption to
supposc that tho Republicans and the Demo-
crafts will stoutly maintain their respective sides
of the dispute. as they have generally done in
the Senate and House Of Representatives. The
composition Of both indicates as much although
there are mon on each who could not be swcrved
from right hy any considerations Of party
Morton and Garfield. however. do not belong to
that category.
Ultimately the decision will doubtless fall into
the hands of the iudicnl branch of the commits
sion. At the start the constitutional and gem
eral legal questions must be cleared away. be-
fore tnkinr IN the merits Of any of the disputed
States. The Constitution says:
r, ,o.. A., .,,r. Ga. ...,.., ,,r,,or ~ ,o,s al
be- the President. II such number Doe ma GRITTY Of The
""'' number o. electors "ppo""u
Does this clause mean that majority OF the