Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-02-09

eeSsary trouble and that such invest cation
would lead, il parties thought tit In do il
10 Investigation OF personal Qual iiicati1ns of
every one Of the electors euung the a. COO
OnO oil the people, and that it YOU Law
dU"n rules and adopt principles that you
have the right 10 investigate at all, YOU
open the door To that irconvenient and
bundles sea OF litigation TINS practical
~ meant that 1t was better to permit q
usurper to become President by fraud than
to take the trouble to inquire into his title.
Such argument, he urged, had no applica-
tloD, Is 1t might with equal Justice
Dc argued IL every quo "arrausO Case, aud
IN almost every judicial pruce, ding, as q
commission. as We'll as Court of law, had
the discretion to limit Investigation, and
% limit inquiry. He submitted that il
never Was the intention of the trainers Ui
tne constitution TO prevent Congress from
intel poSinS between the people ami fraud
ana HJdSt!ce or to leave 1t without power
CT deierm'.Isg whether !. p.rsun = dis.
| qualihed from acting as President. lie dis
| cdssed the question To the value TO be
placed ON the governors certificate, saving
lt scented to be virtually Conceded that il
was not conclusive, not being REQUIRED hy
the constitution, but only an az. Of Con,
gres4. He cited Numerous authorities 10
the action OF the canyassing board sand be
proposed to show they acted beyond their
power, and that the governors certificate
was utterly false. lie claimed ths commIs-
SION haf n right to inv-s'isare this msuer
end decide whether Hayes electoral vote Is
| Nsllu lie theD prOo1ldrd 70 consider the
| ductrine OF an officer dc f4ero which ne said
was the main reliance of the other side
AMI argued that 1t was only IN sacts
affecting private persons and where the act
Ui an Olhcer de fLctO Is perfected ami has
taken ell ct that such acts were esteemed
valid. lie maintained that although there
may be 10 officer de tIctJ there cannot be
an Unauthorized tribunal de f4ctn and the
electoral college that voted for Hiye3 had
! 10 element Of legality and were merely
pretenders. TIE Tilden electors although
they had no documentary evidence to estab-
lish their title had actually been elected
and performed all their duties although
| without the governors certificate. Thus
Two rival bodies acted al the same time and
| ne would 1t permitted show which was the
lawful one. la conclusion ne sand ms
| argument was intended t. establish the fact
tina; all the evidence which, according to
| the customs and u>ages Of legislative
bodies, either House has taken, and mas on
| Its hles, and will consent to send in hero
/
the case. 50 far as to be here TO be read if
1t comes within the range of the subjects
and OF matters of fact which your honors
allow US to investigate.
Alter some cItatIUuS OF law points by the
| counsel on both sides, the presiding Judge
announced that the commission would take
recess Tor three-q uarters Of an hour, and
that no other matters would be taken up to-
| day in public session. Alter recess the com
mission remained in secret session about
twenty minutes, and after authorizing the
announcement that there would be no pub
lie session tomorrow, adjuurned to meet az
IL ID. Tomorrow for private consultation.
| IMPORTANT DECISION RELATIVE To The FI0-
RIDA CASE.
WAsHISGToS, Feb THE electoral com
mission, by a vote of against ! , have de-
cided that no evidence can be admitted or
considered by them in the Florida case, ex-
eept the various electoral certificates, and
such evidence as shall be submitted on the
question Of the eligibility OF Humphreys a.
d presidential eleeror. The vote stood a.
inllows in favor If this decision Strong,
Miller. Bradley, Edmunds, Norton, Frpling-
huysen, Garfield and H1ar against Clifford,
Field, thurman, Bayard, Payne, Hunton
| and Abbott. The dOOrs were opened at
353 the commission having short time
previously adjourned until IL a. IN. b., to-mor-
row, when further proceeding will be had
in public.
By THIS DECISION
the commission will have before them il
the Florida case, three sets OF papers,
namely Toe first, certificate of the Hayes
electors; second, that OF rIden electors and
third, the papers containing the record OF
81. 9
ranto and subsequent action Of the lesisla-
ture If that state. The republicans express
themselves gratIfed with the decision Of the
Commission, while the democrats are some
what discouraged by it. The former claim
that 10 consequence will b attached to the
quo warrantU proceedings of the circuit
Gu urt Of Florida, as they are now under
appeal to the suprene court of that state,
and therefore not fnal. Ii seems to be the
prevalent belief that the ultimate decision
will be 10 favor ot the Hayes and Wheeler
Florida electors, and that the course in this
case will be pursued with regard to
| Louisiana, where there are two alleged
| Ineligible electors, aad more than
Une return A prominent democrat,
Of the commission sand this afternoon that
the meaning Of the vote OF the commission
Is that the ministerial acts of the state Exec
ltive others are to be respected. but not
those OF the judiciary. He added. no ever,
that as the democratic certificates cmbOdy
the proceedings oil the court they will by
this decision be fully opened up tor consider
alton and argument. The democrats also
fud some satisfaction in the fact that the
rule established by the commission will
lead to the ascertsinment that Watts the re-
publican electOr IN Oregon, was Ineligible
at the time OF his election and hence only
two republican electors from that state can
be counted, Cronin, democrat, being the
third elector. On this suppUsition they
think the democrats still have chance for
the presidency and tina; the election may be
thrown into the House.