The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-30


session to select the 1fth judicial member OF the CON-
mission, was waited upon this evening by HERALD
representative the subject Of the probable action OF
the members Of the supreme Court Ho had come
home TO hts hotel nj an unusually early hour,
as tho Court wound up everything pertaining
10 It's current business preparatory to adjournment
until tho 10Th prox He spent part Of the afternoon
with Judge Davis, who Is fellow guest with HIM at
tho National Hotel. and in his company left cards
upon Alexander II. Stephens, whose serious illness
has been one OF the topics Of the day The disiner-
ested honesty with which Judge Clifford approaches
tho solution Of the problem involved in the Presdcn-
sl controversy may DO illustrated by tho fact that he
had not sought TO know the provisions OF the BILL and
was not aware OF them until this evening" whom as no
says he was favored through tho Kindness OF the Sec
rotary OF State, with certified copy Of IL. He
says that the members of the Court will meet to-mor-
row. provided by the bill, and will proceed 10 elect
their Nth member In talking the singular state
Of affairs requiring tho existence of such commits
sion, he said that, in common with other members OF
tho Court he had hoped that other way would be
found TO adjust existing difficulties without ncccssitas-
ing recourse to the Supreme Court When he saw
what was coming and that some othor method could
not be taken up he at rs thought he would positively
decline serve, but whom no found that matter Of
law, II was inevitable, he acqucsced. he was
going to use his best endeavors to through with the
duty imposed upon him. In common with his broth
rem OF the Supreme Bench he been DESTROYS that
political questions would be brought before II for
settlement except as they might DO carried up. He
was happy to say he had never decided political
question or rendered opinion ono since
no had been the Bench, having always ad-
dressed himself 10 decisions involving questions
OF commerce. Tho whole Court shrank from
having anything to do with political questions. Under
otho ctr~ han tho htpU
would have warranted excused Congress for It's
referring political tho Court but
the existence just such emergency the present
sanctioned Its expediency.
In conclusion he spoke with considerable satisfac-
ton OF the Message Of the President accompanying bis
report OF the signing Of the BILL and ntmated that II
covered q very good and impartial statement OF tho
case arising out Of the Presidential complication.
OPPOSITION OF THE DEMOCRATS TO MR.. GAR
FIELDS APPOINTMENT on THE COMMISSION.
II 10 said that the democrats In caucus tonight
pressed much opposition to voting In tho House for
Mr. Garfield of the i've members OF the
commission. Tho ground Of objection raised
against him that no stands prejudged In
having already expressed himself emphat-
ically upon tho Louisiana matter after
that state, and having joined In the report Of
the Presidents friends by latter that State
ward sent by the President to the House, wherein the
opinion was expressed that the democrats Of Louisiana
practsed great fraud ond carried the election by unfair
and corrupt means.
A GREAT CROWD GATHERING TO WITNESS THE
COUNT.
great crowd Is gathering in Washington to witness
the counting OF the Electoral vote. The hotels
full and every train brings to the throng Of
sghtseers Many will doubtless wait over for tho In
auguration ceremony In March, that tho capital
bids fair 10 present lively aspect during the ensuing
month.
LOBBYISTS DRIVEN FROM THE FLOOR OF TIM
HOUSE.
The crowd Of lobbyists the floor Of the House to-
day proved too much Tor the good OF Speaker
Randall, who ordered the enforcement Of the rules
excluding all but those entitled to the privilege For
ton minutes the scone was like the driving Of herd
Of uuruly Sheep such tho obstinacy and reluct-
ance OF the outgoing crowd But law and order tri-
umphcd Tho lobbyists were driven to tho exterior
Railways and the doorkeepcrs closed the portals against
them.
Mr. Randall says be is going to enforce tho rues
strictly pending the discussion OF the Presidential
question Application made TO him to-day for
passes for tho galleries during tho counting OF tho
VOTE but he refused to grant any. This q demo-
cratic House, he said, and first come first served
Those who wanted seats would have to como and en-
gage them themselves.
THE COMMISSIONER OF PATENTs-ELLIs SPEAR
CONFIRMED By THE sENArE--THE OBJECTION
URGED AGAINST HIM.
Tho Senate, afer several times in Executive Session
passing tho nomination Of General Ellis Spear to
be Commissioner Of Patents, confirmed II to-day. 1t
will DO remembered that Its ratification was sus-
pended pending the investigation Of the charges which
referred TO the appropriate committee for inquiry
It turns out that the ntraction OF law alleged against
General Spear was merely technical and not wifuL He
had contributed out Of hts pocket to make up the
pement OF purse necessary to purchase a testimo.
NAL for outgoing Official of the Patent Office, and
for this generous but strictly speaking, unlawful act
his nomination challenged