Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1877-01-25

unless they shall be dupllcates OF the Same
return. all such returns and papers shall be
opened by him in the presence of the two
Houses.
When met as aforesaid and read by the
tellers, all such returns and papers shall there
upon be submitted to the judgment and deci-
sion as to which is the true and lawful elec-
toral vote of such State of commission con-
stituted as follows:
During the session of such House on the
Tuesday next preceding the first Thursday in
February, 1877, each House sball by cioa ooce
vote to appoint five of its members, who, with
five Associate Justices of the Supreme Court
of the United States, to be ascertained as
hereinafter provided, shall constitute CON-
mission for the decision of all questions upon
or in respect of such doubts of returns named
in this section, on the Tuesday preceding the
first Thursday in February, 1877, or as soon
thereafter as may be.
The Associate Justices Of the Supreme
Court of the United States now assigned to
the First, Third, Eighth and Ninth Circuits,
shall select in such manner as a majority OF
them shall deem fit, another Associate JUS
tice of said court, which five persons shall be
members of said commission. and the person
longest in commission Of said five Justices
shall be President of said commission. The
members of said commission shall respec-
lively take and subscribe to the following
oath:
81, --, do solemnly swear Cor affirm.
as the case may be-, that l will impartially
examine and consider all questions submitted
to the commission of which am member,
and true judgment given thereon agreeable
to the constitution and laws. So help me
God"
Which oath shall be filed with the Secre-
tary of the Senate. When the commission
shall have been thus organized, it shall not be
in the power of either house to dissove the
same, or to withdraw any Of its members, but
if any such Senator or member shall die or
become physically unable to perform the du-
ties required by this act, the fact shall be by
said commission, before it shall proceed fur
ther, communicated to the Senate or House
OF Representatives, as the case may be, which
body shall Immediately and without debate
proceed by cica coce vote to fill the place SO
vacated, and the person go appointed shall
take and subscribe the oath hereinbefore pre-
scribed and become member of said COM
mission. And in like manner if any one of
said Justices of the Supreme Court shall die
or become physically incapable of perform
ing the duties required by this act, the other
of said Justices, members of said commits
sion, shall Immediately appoint another JUS
tice of said court a member of said commits
sion, aud in such appointments regard shall
be had to the impartiality and freedom from
bias sought by the original appointments to
said commission, who shall thereupon imme-
diately take and subscribe the oath hereinbe-
fore prescribed, and become q member of
said commission to I'll the vacancy 50 occa-
stoned
All certificates and papers purporting to
he certificates of the electoral votes Of each
State shall be opened in the alphabetical Or
der of the States, as provided in section one
of this act, and when there shall be more
than one such certificate or paper as the GER
tificates and papers from such State it shall SO
be opened, excepting duplicates of the same
return. They shall be read by tellers, and
thereupon the President of the Senate shall
call for objections, if any. Every objection
shall be made in writing, and shall state clear
ly 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 objections SO
made to any vote or certificate or paper from
State shall have been received and read,
the vote, certificate and papers SO objected
to, and all papers accompanying the same,
together with such objections, shall be sub
mitted to said commission, which shall pro-
ceed to consider the same, with the same
powers, It any, now possessed for that pur-
pose by the two houses, acting separately OF
together, and BY q majority of the votes de-
eide whether any and what votes from such
States are the votes provided for by the Con.
stitution of the United States, and how many
and what persons were duly appointed cleo.
tors in such State, and may therein take into
view such petitions, depositions and other pa.
pers, if any, as shall BY the Constitution and
now existing law be competent and pertinent
in such consideration, which decision shall
be made in writing, stating briefly the ground
thereof, and signed BY the members Of said