The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-25

then form o. ErVHt uUt1VT0Isc
winch is before Congress and the country now ha.
threatened TO be precedent in $500. only eleven
years after the formation OF the government mas
fresh tria. In new torm The committees OF the
present measure had no joint conference until Inuts
day, the lltn inst Al that time the Senate commit.
tee and the house committee had each prepared
bill Neither bill was binding on any OF the members
OF the respective committees though majority OF
either committee would have abaea by us own meas
ure II had practicable make 1t the basis OF
mutual settlement. Both bills. however, we're ncces
The House bill provided for a tribunal 10 consist
OF the nve senior justices OF the Supreme Court,
namely-Cunsrd swayne Miller. DAVIS ard Field
the Joint meeting OF the Two houses Of Congress
at the counting Of the electoral vote should be re-
forred While II was believed by the House commit.
lee that neither party House the Senate could
afford reject the decison OF these Ave judges yet
The decision was no. 70 De onans nnless ~ e
House bill opposed by the entire senate commit
tee therefore deemed absolutely necessary 10
build the Senate bill, which contained the main
features OF the measure which has been reported oy
tne Joint committee with this important exception
II provided Tor four senior Justices Of The supreme
Court, and tive Senators and five Representatives.
OF the Senator'S or one OF the Representatives 10
BE- Sy 0 TINS plan emSes nave maze
Mr. Willard, OF Michigan, objected TO the applica.
OF the ot" feature 10 the Senator's or Rcpresen
tatives for the reason that u would give one or the
other body q prcpondcrance Of votes. He suggested
tnat IL would be better 10 apply that feature
and ' Craving dse BY 10. avs Of he SIX. THIS
proposition was regarded with general favor
Alter propositions and counter propositions
respecting the details Of new bill and very earnest
discussion Of the CONSTITUTIONAL questions involved
the committees, having apparently reached conclu
son. adjourned until the next Saturday evening.
THg LOT PkATrRE
The sloi feature" however had not been formally
agreed TO by the House democrats, and al the saturday
evening conference objection 10 that feature was IN
terposed. The Senators urged final vote that even
lpv on The ground that IL was OF the utmost impor.
lance that the bill should be reported 10 the two
houses the earliest time. This caused an extremely
lively colloQuy on the question OF applying chance or
lot any way to the organization OF the COMMISSION
The Senate committee excepting Governor Morton
who sat nursing his canes anc withholding his adhe
sion anything was o. the opinion that the tribunal
as proposed was the ia,rest that could be devised
Mr. Springer, OF the House committee. represented
tho lot proposition IN toto, tor the reason that II u
should appear III the end that the political complexion
OF the judges be chosen han been determined by lot
"that would DC justly regarded as settling a great
Presidential contest by the mere throwing Of dice -
He did not see his way to JON IN recommending any
measure whatever that contained this feature.
Senator Conkling argued earnestly in favor OF adopt
ing the bill as stood, aud stated that while the lot
feature was Objectionable many reasons II was the
best that could be devised under the circumstances
and that Il had been applied TO all the jures In the
country. In its existing shape he thought the bill
contained little OF the element OF chance as possible
Senator Bayard took the samc view
AT the close oil the discussion Messrs. Payne, Hewitt,
Hunton ana Springer, OF the House committee, dc.
cncd 10 vote and asked Tor further time, which was
granted; when the committee adjourned until eleven
A. NJ the following Monday
Tho interval was an anxious one. Mr.. Hewitt went
10 New York and stayed over Sunday tor purpose
that can be surmised Mr. Payne, the chairman OF
the House committee, spent large part OF the Sab
bath In CONSCIENTIOUS struggle between his books and
his mind. None OF the senators and none OF tho
members OF the House committee met Tor conference
until they assembled at past ten, Monday, IN their
respective rooms AZ the ends OF the Capitol At the
meeting Of the House committee II was at once EVIL
dent that the democrats, without exception were un.
aeruby opposed the lot feature and the prospect
Tor agreement seemed gloomy indeed.
PROPOSITIONS SUBMITTED
The two committees went into JOINT session promptly
at eleven Mr. Payne stated the decision OF the ma
jority OF the House committee TO be adverse to
the Senate bill in It's present form, on ac-
count chiefly OF the lot feature but also on account OF
some minor provisions. Two Of these provisions rea:
ted tho evidence which might before the proposed
commission and TO its powers in the examination OF
the questions 10 be submitted to It, These Mr. Payne
memts which The House committee desired 10
have made to the Senate bill we're next submitted in
writing. The crucial amendment required that the
judicial part of the COMMISSION should consist OF the
i've senior Justices OF the Supreme Court, together
with five Senators and FIVE Representatives fifteen in
ALL After submitting their propositions and an inter
change of views. the members OF the House commit.
tee retired allow the Senators to consider them
About three I. NJ the Senators informed their col
leagues the House that they ready to receive
them and upon the reassembng OF the two committees
Senator Edmunds announced that the Senate commit
tee was unable TO agree 10 the House propositions In
reference 10 the con- position oil the commission, or to
the evidence bctorc 1t, CT TO the powers o II, He
stated that his committee had concurrcd with some
propositions (Which arc not necessary here tt
BIZ defnede
The senate committee proceeded to make a counter
mission, suggesting that II should consist Of the foul
senior justces-Clinord, Swayne. Miller and Davis
abounded in viii and deIientfu 1ons p,os ensued con
corning the bias m any, that these justices might be
supposed have. The States where they reside, the
family histories, their personal lives and predictions
and especially their political opinions, were subjected
10 m inquiry which formed one oi the most amusing
episodes in the history OF the joint committees de
hberations. The courtesy with which this and all th'
discussions OF The committee were conducted wa
man,tcsted never more iunnily than by the use OF TIT
~ a. hicn Vtra I'm
invariably appended to derogatory personal ausion
These words appear numerousyin tho bill and the re
port ana they employed so frequently at the meet
| ing now described that Senator ConkIing made
sortic against them which provoked pcals OF laughter
In the midst OF the merr'ment member OF the House
| committee ntimated TO tho Senators that the word
might properly be applied to the tall end OF the bi
! ITSELF concluding the sentence "The committee shal
| have power 10 employ such persons as may be neces
sary for the transaction OF It's business and the execu
ton Of its powers" with the words, ''lf any"
In response to the Senate proposition, which wa
accedcd to oy the republicans the House committee
the House democrats asked tor time until The follow
ing morning. Consent was reluctantly given, as IN
whole committee were dcsirous 10 reach conclusion
Again at ten O'Clock Tuesday morning the two com
mt,ecs assembled separately, ana at eleven met 1
Joint convention Al the separate meeting of tn
House committee IL voted to reject the last propt
siton OF the Senators reference to the judges and
make counter proposition on behalf OF INC House
As the republicans OF tho committee still adhered
the taken by the SeLaors tho proposition was
course that OF the democratic majority. IL was
To appoint the two senior Justccs-CliiTord an
Swayne-they choose two other justices, each
name one, and tho tour to name nth.
Al the meeting OF the JOINT committee this plan WI
submit ed and the Senate asked time TO consider
The H use committee thereupon retreu.
ENDEAvoRs TO AGREE.
Now ensued the most important meeting held
the senate committee. Senator Cenkling was espcc
ally con ciiatory toward the democrats OF the con
miitce and urged that 1t continue It's laOors durir
the day and the evening If necessary, until an agrc
mcnt should be had. The differences seemed so s,ig
that 1t would. in his opinion be very unfortunate
,itt shn hn IA
StI, neither this appeal nor The Efforts OF 9th
Senators immediately suitccd. Alter mature co
sheraton the House proposition was disagreed
and the two committees met together again ado
four T. NJ, IN the senate judiciary Committee room
the usual rendezvous. There Senator Edmunds @
piaineu the nonconcu rrence and the committees IL
Inedtatcly separated until SIX O'clock
At that nour senator Edmunds announced 10 u
House committee that Senator Conklng had submitt
proposition which the Senators had agreed to-
taxe the following four justices, Cnnord, Stron
Miller and Field and allow them TO choose the nth.