New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-16
THE THREATENED BOLT.
PACTs-A BOLT DIsHONoRABLE.
fBY TELEGRAPH TO THE TRIBUNE.l

EXTREME DEMOCRATS ExCITED-Two Sacred COM
PACTs-A BOLT DIsHONoRABLE.
fBY TELEGRAPH THE TRIBUSE.l
WASHINGTON Feb. 15.-There has been a good
deal of excited talk and threatening amongthe com
paratively small body of extreme Democrats to-day
in regard to what they will do and try 10 nave
done in case the Commission decides TO give the
vote of Louisiana to Hayes. They declare that the
Commission will be broken up by the withdrawn Oh
at least part of its Democratic members; ana that
this will be followed by the refusal OF the majority
in the House to fill the vacancies. While IL IL true
that such do not seem TO be favored py even
a respectable minority of the Democrats, there is
no doubt that a small but desperate minority is
working vigorously and constantly at class Oh
projects of which the above is a fair example They
agree that the two Democratic Supreme Court mei-
bers cannot withdraw without resignlng thelr
positions on the Supreme Bench. This makes snch
action on their part extremely unlikely. Besides
the Electoral bill provides that in case of vacancy
the remaining Justices who are members OF the COM
mission shall Immediately fill them from the other
Justices of the Supreme Court. Upon this polht
however the Democrats claim that the Dill by ltS
express terms only authorizes the filling OF vacancies
caused By death OF physical inability, and thaI IL
does not provide for any case of resignation. Inc
language of the act i'll regard to vacancies Is as
follows:
When the Commission shall have been thus organlz;eu
is shall he ths power OF either house 10 ussoS5
the saline or tn withdraw any OF It's members; Dul
anv such Senator member shall be or become plya
cally unable perform the duties required py tuls ae
the fact of such death physical nablty shall ne py
said Com issOn before it shall proceed further commit
u!cated tie Senate or House OF Representatives ~
the case may De, which body shall immediately ana
without debate proceed r,rd roce 10 M !, W. pn d
so vacated and the person appointed sha take anu
sI6scrbe the oatI ind in Ike manner
"a Tuafic snfr he
become physically incapable 81 peroruIg Tue uIr r
OF said Commission shall immediately appoint another
Justice OF said court member OF sald COMMISSION anu
In such appointments regard shall be had 70 tne
tality and freedom from bias sought by the orglhi
appointments OF said Commission, VINO shall thereupon
Immediately take and subscribe the oat6 hereiuQeIote
prcscrbcJ and become member OF sad Commission W
fill the vacancy 40 occisioneu
From this it will be seen that the act never con-
tempated such perfdy rs designations for such
causes AS are now urged as sufficient-namely,
majority decision against the Democrats-anh that
technically no provision is made for filling any
other vacancies than those arising from death or
physical inability to serve. The Democrats OF the
House and Senate furthermore are bound by writ
ten agreement signed by the respective chairmen OF
their caucuses to fill all vacaSces arising from any
cause whatever. This agreement, drawn by Senator
CraCip. was made and signed on the day OF the
election of the Commission in the two houses, and
was as follows M ,o--
WAsHINGTOS, ID. C., jan 80, 1877.
II is understood hereby agreed, that IN the appoint
meut OF members act commissioners under the law
recently passed entitled An act ~ provide Tor the rgu
Iatou OF the counting Of for President and Wee
President the decision OF questions arising there
under for The term commencing March, Ammo Domlnl
1877" TIE Senate of said Commission shall pc com
poscd Of three Republican Senator'S to he selected by the
Republican Senator'S and Democratic senators 10 be
selected Democratic Scnat The House part OF
aid Commission shall. be posed OF three DeOcratc
orbers ~ he seected by the Democratic members or
he House and Republican members, To be selected
bV the Republicans OF the House. IN case OF vacancy
b.ppcnug IN said Commission, either in the senate Or
he House part thereo'by DEATH physical inability, or
othergise-said vacancy shall be filed by the appoint
nIeut OF Democrat II the original appointment was
Democrat by the appointment OF Republican, II the
0rla1ual appointment Republican, tO be appointed
under the provisions OF said act and selected in manner
a. Ia rein provided.
Agreed TO unanimously by the caucus OF Republican
Senators. a. H. ,hAOlN ChalIhl"h.
Agreed 10 unanimously by the caucus Of Democratic
Senators, j. W. cIEFENSoN' Nuhi unau' "C'
Agreed 70 by the Republican caucus OF the House OF
Representatives. GEO. W. hCt RARi' ChiIrih.I;
IcoriiaIly agree to the above. and believe IL viii be
y carried by the Democratic caucus OF the House
OF Representatives.. - l.. " Y, LAMAR,
Chairman OF the Caucus.
While this does not the filling of any vacancy
among the Justices, the Democrats of both houses
are III honor bound TO observe il. and the better
class among them recognize this fact.