The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-02-01
The Powers and Limitations Of the Board
Of Arbitration.

the bill which provides the powers and linn
itaticns OF the Board OF Arbitration. in tie
examination Of sucl. disputed votes as may
be referred to it. We reprint it by itself be-
cause, il the members Of the two commit
tees shall be-chosen fairly, this will be tic
law of the main question, and because this
part of the bill was not presented correctly
in our paper, nor in any of the city papers ::
''Al the certificates and papers supporting
to be certificates of the electoral votes Of
each State shall be opened in the alphabet
cal order OF the States, as provided in section
OF this act, and when there shall be more
than one such certificate or paper as the GER
tiicates or papers from such State shall be
opened excepting duplicates OF the same re-
turn they shall be read by the tel.crs, aud
thereupon the President OF the Senate shall
call for objections, il any. Every objection
shall be made in writing, and shall state
clearly and concisely, and without argument,
The ground thereof. and shall be signed by at
| least one Senator and one member OF the
House of Representatives before the same
shall be received. When all such objections so
made to any certificates, vote, or paper from
State shall have been received and read,
| all such certificates, votes, and papers so OBJ
jected to, and all papers accompanying the
| same, together with such objections, shall be
| forthwith submitted to said Commission,
which shall proceed to consider the same,
with the same powers, If any, row possessed
| for that purpose, by the two Houses acting
separately Or together, and by a majority of
| votes decide whether any and what votes
| from such State are the votes provided for by
the Constitution of the United States; and
how many and what person were duly APP
pointed Electors ill such State; and may
| therein take into view such petitions, deposit
tons, and other papers, if any, as shall, by
the Constitution and now-exsting law, / c
competent and pertinent in such eonsldeTa-
| ton, which decision shall be made in writ
ing, stating briefly the ground thereof, and
signed by the members of said Commission
agreeing therein; whereupon, the two Hous-
es shall again meet, and such decision shall
be read and entered in the journal OF each
House, and the counting Of the votes shall
proceed in conformity Herewith. unless, up
on objection made thereto, in writing, by at
least five Senators and five members OF the
House OF Representatives, the two Houses
shall seperataly concur in ordering otherwise,
i'll which case such concurrent order shalt
govern. -
The extent OF the power which is confer
red to investigate the matter, and the scope
"a GiAS dlC uClilCu ny tHC tNO WINS.
''Shall proceed to consider the same q. e.,
the certificates, with the same powers, il
any, now possessed for that purpose, by the
two Houses acting separately or together;"
and by the words: sand may therein take
into view such petitions, dispositions, and
other papers, if any, as shall by the Coasti-
tuition and now existing law be competent
and pertinent in such consideration.
The words do not assume that Congress
has power to consider the certificates. but
they confer the power, if any, which Con-
gross now possesses. This seems to leave it
to the umpire that is to say, the Associate
Justice who shall be the fifteenth man, to
decide whether Congress has any such pow
er. II he decides according to the Consti-
tuition, he will decide that Congress has no
ces. That would be the end OF the thing.
Also the words do not say that any petit.
tions, dispositions, or other papers are com
petent to be considered as testimony by this |
Board, but that they shall consider any such,
if any, us, under the Constitution and exist
ing laws, are competent to be taken into the
consideration. This leaves it to the Board |
to decide whether any Of these things are COM
petent And the decision of the Boar d, if |
nicely balanced according to the intention,
will hang on the fifth Associate Justice. Ii
he decides according to the Constitution he
will say none Of these outside papers are
competent. So will all the Associate JUS
tees. A decision according to law would be
the end Of the matter. By this the read
err will see that pretty large legal q uestion
is left to be decided by this Board, or by the
fifteenth man.-C Cincinnati Gazette.