The New York herald., 1877-01-16

supported by private friends or private CHAR
ity the Fold is clearly public institution.
If it's management is not to be inquired
into the children should be transferred to
some more responsible public charity and
the Fold should be abandoned. Not an
other dollar of the public money should be
paid into the hands of it's present managers.
The Joint Committees Plan for
Counting the Votes.
This plan has one ill-considered feature
which will cover it with derision and cause
it's utter defeat unless this feature is
changed. We refer to the introduction of
the six senior justices of the Supreme Court,
consisting of three republicans and three
democrats, and then Withdrawing one of
them by lot. This is q cumbrous method of
securing result which might be attained
by simpler means Its purpose is to
make the board of referees consist of
On odd number, so that it could never
be brought to tie in any question on
which it may be called to vote. This pur-
pose could easily be secured by method
not exposed to fatal ridicule and certain to
be rejected. The party associations of the
members of the Supreme Court ought
never to be considered in any question sub
mitted for their deliberation. The members
of that high tribunal should never be
thought of as partisans in connection
with any official duty. TO be sure
three democratic judges and three republi-
can judges might be expected to balance
each other, were it not for the provision for
withdrawing one of them by lot, which
would leave partisan majority in the pro-
posed board. The country does not want
the Presidential question decided by chance,
but by law and in accordance with truth
and right.
Instead of taking the six senior judges
it would be wiser to take the one Chief JUS
tice, who would impart more dignity to the
board, and would be an equal safeguard
against tie. we'll selected committee of
ten able, fair-minded members of Congress
ought to be able to reach just decisions
without judicial aid but as precaution it
might bo well to add the Chief Justice, for
the sake of his advice on points Of law, and
to give him casting vote when the
other members were equally divided
on any question. This would conform to
some well-known analogies, as, for example,
the casting vote of the Vice President in
tie of the Senate, and the casting vote of
the Chief Justice when the President is
tried on an impeachment. If committee
of ten members of both houses selected for
their wisdom, candor and knowledge should
divide on strict party line and produce
tie there would be little hope of
a satisfactory settlement Of the Presidential
difficulty. If there are not ten men in
Congress Of whom at least one is capable
of rising above partisan considerations, so
as to prevent tie, it is idle to expect n
mutual adjustment which both sides could
be brought to accept. We hope the plan
OF the joint committee may be amended by
substituting the Chief Justice for the senior
Judges; that he will be present more in the
character of IN adviser than par
ticipant that he will have no vote
except in tie, and that no actual
occasion will arise for his voting at
all. Ten moderate and judicious members of
the two houses should be capable of reaching
Just conclusions on most OF the questions
submitted to them, but to make sure of
decision it might be wise to add the ChiefJus-
tice with merely a casting vote. This method
would possess every advantage that can be
claimed for the one proposed, and would
escape the fatal objections certain to be
urged against making the Presidency
game Of chance to be determined by lot