New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-03

penaent right OF ths States TO appon; the csci.
10 ,bs two houses OF CSes whether they have done
shall o wat is necessary Ihe Entisnn sss , n the
truth Is there reason the other hand why II snona
net DO asked, Arc 30 ~ tako ne ga - ., 80
OF pnbic affairs absolute necessity 10 nave SOME
Jurisdiction In order that there hhn ~ soaohed
authority by which stand even II D, impcn ~, y,
Whrr is the authority Ia ~ heret Is IL ia the STATE
Iegsialuro3 If pot wbeTo SIT submit nat w. ,,at
pufrrosc OF this unloI tic Constitution ana laws ma.
nathorty exists where the authority ends. and nat
II that action conforms to tbs ststus OF to ~ rho
OF the United states. there Is the determination u wv
rosulf.
TIE ACTION or TIE COUNTS.
HIS been sad that the courts had decided finally ins
no parronD case in Florida There u ITO e''u'"Vo -
the record. Of tho court that that fact Is true nave
read ,e ec,s,on and must say there is rot an aIsioh
70 the fact that the Canvassng Board acted
It was alleged that that sction when nha COR
formed to tn os' ta G sS o the board the
mems submitted few minutes age to the coinnio5onoI,
there certain section Of ths lss 70 o anT sna re.
turns shall lie shown or shall appear 10 w bs
nnab,s To drtermne the true vote for any
slrb officer or member, they shall 20 ccry, a and
not insa"H S Ths. the statute by the election
was held Feb. 81 1872 and was 'ne Jaw w h rtGnato
ZINC % ale asctars and at the day The votn for
the electors and unt!l The Iath OF nr, ~ tinSda
nauiro whether those returns appeared DE 80
fraudulent that the board could moi com, t d mon
' n he county canvass npon the certified
returns IN precins. They courts ssd they a nm
IA. Law Irua; s,y while think Off, 10 tne Hen,lo.
conoaing the commission. that it will further apaF
that when they made the rccanyass when s,l 80 me
.o S ~ florida @RIsf they them reported only The result
vita respect state officers but hey a,so and
t f6e. result result snoSSa the election Of what
by common consent the We T,vcs Electors They ap-
prsr TO have run 300 300 votes ahead OF tao o.e
ticket left the STATE ticko' St 40 "r vv on
l,x The
the printed recoid, however, submitted 10y We We
sonss,ssn c on the Ruled S'hSf that %ia they
ony applied to State officers qnd IheiCoIe ' ~ . mo
,eedinss of the court say thai, not only viii canvass
No SHOW the election OF me Ii;eo ,tb the r,n,
vAss Nc O. which had In accordance WIN tg ~, ,c
OF the supreme Court viii also show, not ony W. c1
ton Of the Democratic state can'u"aoeS' D"' 'io
OF the HAYES candidates also. . :. $50.
MIR. Commissioners Abbott-Was that called IN iueS
ton in the easeof Drew against stsarns ,.c, IN tbe
M Kaason 1t vas in the proceedings ~ sr Of
rights Of The board and tie canvass hah On .e he
court made in aa' t as sa 9ncT sceT and showed
the result If that county when applied 10 ooIi' LILO w
JeGVn "s FIeldoPcse state that in the recan-
vas this canvassng board put back Baker County 80 a'
20 or Tsonfbst Is only 10 say that thesentcinsn on
the ctrr SIDE wanted mnch Of their acion as S'ed
applied the rule and determined 'he result a ne re-"
changes in counties both ways IL put phck SOU ~,
publican votes and some DenocraIG 20 ~rcns DO
ion it mere mcause the priniea prorce'i t eau
not mention ali points. Now We co''t Gnd ~ hat
not satisfied with at all they aproled ne% G S !"
canyasscrS. From that new DUarn thcy ~ ~. - ,
as to the law II the case), III many points ol tl
with tie Republican members 81 the poaru IL ,5 >"
the Attorney General being nade memoef ol 'lc ~
mrLn Board he was le out, and the Treasurer VI INC
state put ia his stead
TIE PRESUMPTION or FRAUD.
Mr. Kasson continued: Mr.. Field proposed in Lis ar
7,1nen 20 snow TIE iusglory by which the Hayes e'eo-
tors got their certificates. MAY ask this tribunal II
there IL ,iraa }ac,e presumption Tor or against fraud
whether it exists against those officers elected before
fraud could have been contemplated agmhSt u
hoard that acted az TIE I'M hn,rd " t, ac,pi
az the time required by Congressional law
r. St,"s Or does laT Presumption Of fraud c1ist
against men who know the Importance OF the change 81
- 81 he messy Of TIE ac ton they took 10 ac
compsh their resy,t; against men Wn' were OrEahi1e1
tLat result II there De r.nd, II there b conspiracy
a. alleged, where does the IrtSnmp'1l Oh law
il TSnrr, the motive Qf the act; TIE knowledge
requisite TO give motive elect ami ie nrp'-r TO DE- ac
rn.lcd were III bc.oTe the eyes ~ thc persons par
tcip,lt IN Il, Fraud cannot be ~ presumed aE'in't
parties that act in conformity VITA aN ana ID we us
manner required by law. as il can Ge
prosulned against those VINO da II oIl'idi
cf tho effect when would DE produced b! A. Ny Aoh-
friend from iginll tAl Idrhr ID his Afeat
S'.f.1 tia, there was a bad motive and bad
c con6ct on the part Of tins ca,aSsing board.
~ tGat / have seen 40 evidence Whatever.
Bat Ao went further aId a,"e A!c We 10 S y, ~
9 FyI, ire Of o!Trchs! what shan say Of the
tpDHdmg functions WHAT shall / say 81 Tie quartz
- oIinlet 81 oI!sa!cAs taat exist in eycry stale
almost ~ ih,s Unl"n, which Is empowered
in O. similar manner, aud having pfoothiy ne same
sR INV honorable friend what slll az oi ths solo
u arch IA OrrgJut 10 there Any s.-ii tnre 10 Slviu:
!.e II tbs .oit q, TRIBUNAL tla, ac,lAs urdc. AID
la s.,Ts az
tlc United states ana 81 the -jatcf
IHr RIGHTS OF TIE STATES.
Tanswer l. q. the question IS. Where does the lay put
the rover 10 arrive AZ that determination waicI
lion Is basodi Whctncr that Ge in one man, IN three
men, or III five men, the determination prma ace evil
J,Eco AID can lie ytatcd only IN manner provided
by tia Jaw. 70. the local oIIciul jurisdiction the
Amy Pee. The ctsc is made when e j. Oand to - IN
cor,ance with the Constitution an1 law IN time
Banner and az. cefcai'on ol Authenticity. Can 10 d.
upartI Ncs rcei the Srn ci.aah sus-'ai-. answer
within tn jurisdiction which To" I"s PfoVil'- Tor ne
determination o! The r&hl. Bui, says thc g'nienaA,
-.pplse 10 such if0'i-!.h u Nv - mtdei Ihth l
onsw., thai AbscIcc OF aufhUly is reason fGT a
usnratOn where that act has not Ia It's support scin-
tua uf Constitution Or law. l. tne allegation
III true simply SHOWS thr necessary g" further icsiSt-
ton where M, t-Sl4IVh "I3it 10 ,Ais II IL DC not
true tho whole O lht argument rr" iailS To the ground
The Constitution say M We nave very MI 10 DO VITA
mis- matter OF elections III a St7te lee
history. Of the Constitution shows that IT
was intended that should !aYe very little
70 do with the determination. Win snch matters
II gave no authority 10 overthrow state 6con an!
the alleged night Ia change aug certified Itsut con
ans within itself TIE TIsat wi'h1Tt inVcs cation of the
motive to d NJ 10 The states hai very right which the
C"n.tltuiiUu look such extraordinary pains 10 CUniDc
exclusively within the province oi the stale II yoa nave
fi-Gt tO say That auOhcrHtt OF yUts must he counted
III Florida you have the iIght 10 say that anu,hcr
1T OF votes must 10 counted IA NcwlDrk. I! yuu take
JuriSdict u determine tho 80 votes which
OF tho all, scd Oritlcs IA Florida and Ia
upt tho Electoral College that might there, you
wight 70 state and assert that the 10000
iorlty tscrs shOuld be upset
Commissioner Tanraian asked Mr.. Kass0n whether he
hs irgunrnt 10 bo understood stating that II
fN.fr-t l,sle .t4.1 lplr tas
lsLOrns un1cr disabilities covered by the Four
ieenth Amendment aud hose electors had east their