The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-07-05
A Judicial Decision Reached.

In the case of Florida there was one
piece of evidence offered which not only
commended itself strongly to the Consid
Grafton of just men, but, being supported
by certain artificial rules of pleading and
practice, it was expected to find accept
ance in the narrowest mind on the bench.
This was the record of a judicial proceed
ing commenced in a Florida court by
writ of quo warranto at the suit of the
State upon the relation of the Tilden cleo
tors against the Hayes electors. The
parties came into court and pleaded, and
the issue made between them was,
whether one set or the other (the rela-
tors or the defendants) were duly ap-
pointed electors of President and Vice
President by and for the State of Florida.
Evidence was taken, the cause was de-
bated by counsel on both sides, and after
consideration it was adjudged by the
court against the defendants and in favor
of the State, that the relators were duly
appointed and the defendants not. This
fact, thus determined by the court, was
precisely the same fact afterwards con-
troverted by the same parties before the
commission. When submitted to the
latter tribunal, it was res j,idicata; not
only true, but fixed and settled beyond
the reach of contradiction. The judg-
ment was not impeached for fraud, or re-
versed for error. 1t was in full force and
virtue. It was not denied that the court
which made the adjudication had entire
and complete jurisdiction both of the
subject matter and of the parties. By all
reason and all authority the commission
was bound to respect this judgment as
conclusive evidence. But to have done
this would have made Hilden President,
and defeated the purpose of all the
frauds in Louisiana and Florida both.
They did not do it; they allowed the
Judgment TO have no effect at all. They
but looked to see what it was, and imme-
diately swept it out of sight They put
it far from them, and then proceeded to
pronounce different Judgment, which
suited the Hayes men better. How could
they break all the bars of legal authori.
ty which fenced them about2 What
starting hole did they6nd to escape from
the corner into which they were driven
and penned up by the law Of the land?
We shall see.
State Action Nulllled.
They said the judgment of the court
was too late; it was pronounced after the
Hayes electors had met and made out
their votes, and sent them to the Presi-
dent of the Senate. Here were two sets
of electors each claiming the exclusive
right to vote for the State, and both of
them actually sent up their ballots. One
Of them was duly appointed, and had the
authority claimed; the other set was nee
essarily composed of mere pretenders,
who were not duly pointed, and, hav-
ing no authority, their vote was a mere
nullity. Which party was right, and
which wrong? The conflict must be set
tied somehow. Where was the iurisdic-
ton to determine it? Undoubtedly, and
by universal admission, the power was
in the courts of the State from which both
claimants professed to derive their au-
thority. The proper State court did de-
termine it; but the Commissioners said
that however competent the jurisdiction
of the court, it was too late in making its
decision, and then they proceeded, in the
exercise of a jurisdiction exactly similar,
to decide the same questions Of fact and
law the other way. Now comes the
query: Ifthe courts decision was worth
less because it was late, what was the
value of the commissions judgment,
which was later2 The eight did actually,
not in words but in substance and effect,
give vent to the bald absurdity that it
was too late in January to decide the
dispute in favor Of Tilden, but not too
late in February to decide in favor Of