The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1877-02-08

The Electoral Commission.

order soon after II this morning. The
Journal bong real, Evart. tegau his
argutneal on tae powers ii tAc CON
miss ra. lie first considered a 4d -.a.,l
il H.s suggested that certain package.
Of papers brought by messenger into
the presence of tie commission wer. be-
fore Il - evidence What those papers
contained xas unknown 20 counsel on
his side. and unknown to the commis-
sloD Ihe claim that they were before
the cpmmlss.on was based on the fact
that they were mentioned In one of the
objections to the objections; were not
pleading. but simply an act upon which
the reference arises II volunteer 90
jector- on one side or the other could
make up packages. the act would be
singular and no; in accordance with
law: as 10 whether evidence before
/ either of the houses are transmisslb.e
! and may be laid before the commission
! is a question subordinate 10 that " he,h-
er any could be received. He reviewed
+ the propositions submitted by O'Conor.
! stating the ex.raneous evidence pro
I posed was lot u show that the certiti-
Z INT ~ bo' A'ttdIDb iaGsIlftI. UGt 10 40
into the record and to say that some
where between the deposits of ballots
! IN the ballot-box aud the county can
vass, or between the county sni State
canvass, there WAS a mistake or fraud; :;
that somewhere IN process Of the election
from stage 10 stage. there had been a
matter for judicial inquiry If justice
tolerated 1t, or the powers OF the COM
mission allowed it. il would carry in.
quiry into all that related To the cleo
ton That the certificate was in ac-
cordance with the act of 1892 was not
questioned, nor was it proposed on the
other side To show that the facts Is GER
titled did not exist by way OF extra
neous evidence. Ii was further pro-
posed 10 introduce evidence t. show
that Humphreys was a L. 5. officer
This was y matter of surprise. for ii
was a matter for discussion at the meet
ing of the canvassing board of Florida
who heard the testimony Of Humphreys
that hc had resigned ten days before
the election, his resignation had been
accepted and the duties Of the office
discharged by the collector Of the port
of Pensacola Here was u question
W bet her the two houses AT the time If
counting the vote hal any power un-
der the law for Intervention of proofs.
The matter Of his proposition WAS that
al that stage the two houses could not
entertain the subject Of proof ani the
process must go Oh. and when nil the
guards had been passed from the people
through the State authorities. up To
this point, the certificates must stand
unchallenged and unimpeachahle. In
reply to the question by Mr.. Thurman
whether IF 1t should appear that the
four electors were me.I.bors OF Congress
the votes could not be counted he sail
there was no safe way except 10 say
THAT the injunction laid upon the States
did not execute itself, and if the States
did not execute it. Congress must, by
law provided for its execution, and
that law did not now exist
This tribunal cannot receive evidence
ia addition 10 certificates Of the nature
Of ,ha. which is offered. that Is. evil
dence that goes beyond the States re-
cord OF its election, which has been GER
titled by the Governor as resulting in
the appointment Of electors. This is
the proposition on which sufficiently i.
rests. II is that there is q judicial in
quiry into the very matter of the right
and title To the Office for il accepts a.
its functions the prevalence OF the
former, the certificates. the recorded Ii
tie Of the electors and proposes then
10 inquire as inter partts as a matter OF
right which of the two competitors
are really elected on All honest and
searching investigation. 1t undertakes
au office that r. Judicial, and powers
for It's exercise are attempted 10 bs i'll
vok.d III favor Of those who support
that view, hv the nsceSslty of thu eX
ercisc al implied power requiring ade-
quatc means What are adequate
means Adequate means fer that III
yestiga.iun, III that nature OF right and
inquiry. are plenary means; there are
no means judicial that ale adequate
Tor that inquiry that are rot llen.ry.
and 20 plenary judicial power can be
communicated under our constitution
by Congress, 10 say nothing Of minor
powers that are judicial In their nature,
except 10 tribunals that are court tn
bunals that are inferior 10 the Su-
premc Court. and that are filled by
,udces appointed by the President Of
the United States and confirmed by the
Sen.tc. Will any lawyer, expert. or
inexpert, mention topic or method OF
ADJUDICATION or Jurisprudence that in
wolves possession Of larger means on
reach and more complete control OF
mowers aud methods. Il the trial oi
~, srarraa'o for an Office, that Is, to
search an election But not only Is
it beyond the power of Congress t"
transfer the powers of this law 10 this
commission. the powers at court ct
this plenary reach and efficacy, but on
TOP of jaa ,odrran'a, 10 try the title
of All Office they would find subject
IN regard - which the constitution tsd
iutcruosei an unsurmountah!o barrier
IN the constitution af a court like .his
/ The sys0 trdvrosta u matter, aild AL
action of common law. II involves a.
= matter of right the introlUct oa OF =
,urv into lis methods, No case %
| contested election was ever tried IL sier
/ the sease Of toe States ef a proper tri-
/ bunal without = jary bu, The FToVl>-
ION j. that in every action Of a re"tain
amount q. dignity the night .. trial 10y
| Jury shall eNist, ard the vert.ci shall
| never be re-cxamlncI eNc n ~ tue
! rules ot common lsw. Now. can Il -
/ said that there j. Judicial power here.
+ If the power originating unfer o'h-
t-