The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-31
TIE CHOICE OF THE JUDGES.
THREE or TJfE FOUR FITORIN0 THE
SELECTION or D.IJIS.
Mr.. ti'ro-d viewing Judge Dnvi-s Election
TO the senate ~ II fittinr V""iihcntion for
the Duties of the Electoral Comniission.

the Duties Of the Electoral Comniission.
WAsHISuToN, Jan. 30-The four Justices
of the Supreme Court-Mcssrs. Clifford. Miller
Field and Strong whose duty IL. under the
Electoral bill 10 snlcct the nfth Justice. and thus
complete the grand Commiss ion. met this morn
ing and had conference OF several hours du-
ration. No vote was taken. and the time WIS
simply consumed in u friendly discussion
Of the proprioty OF selecting Justice
Davis as the fifth Judge. 1t Ia under
stood that Il was agrcod that Justice Swayne
was not TO he considered available. inasmuch ns
he had indicated his aversion to serving on the
commission. This dctcrm nation OF Justice
Swayne was known TO be founded partly on his
disnrnation 10 assume the great labor which
this now duty would impose. and partly on ac-
count OF his long and close intimacy with both
Mr. Tildcn and Mr.. Ilayrs. AS Mr.. Davis had
also expressed his unwillngncss - servc II
was supposed that the four Juigo- would feel
constrained TO selct either Justice Bradley or
Justice Hunt as the nth Ju lsc.
When they camo 10 consult this morning.
however itappcared that VI ssrs. Clifford Field.
and Strong w're Of the opinion that Mr.. Davis
WIS. OF all the Justices, moro cminently quali-
iird than any member Of the court to giye satis-
faction to both parties in this contest Mr.. jus
tce Miller contenlod that Mr. Daviss election
to the United States Senate hal 70 some extent
disqualified him; therefore he Thought \ would
b. more s1tIsfa tory to snlcct either Mr.. Hunt or
Mr.. Bradley Mr.. Mllcr's choice seemed 10 bo
MI. DNllt. an llr ir MT. NlItUE lllihl'Nl
liefcrn'c between these two. IT was Tor Mr.
Mr. Clinerd Indicated his cntlrc Willingness
argued that instead of Mr.. Davis's election TO
the Senate di-luni tying him.. it really made
him the more ON 'ntiy ilt for the position. He
had been oisri,l to the senate not ns the chorc
of either the Il publican or Demo ratio parties.
but ns an indrpHudcnt man. on whom tile mod
crite cons 'rygtlVe mon Of both parties could
ami had united. H. WIS really the selection of
| th" independent meml"r- OF the ,llno.7 LIS
asa ffttn In IINFI o. 4
| of tho two great parties, and Demo rats ani
! moderate R'puh ans voted Tor him ho,al-e
! partiul man. one who would exercise his own
| judgment on All political Questions. rs i'Sal
/ denied hy any mir-mln ted man. ana II srl''i"i
/ hon. e, 'N"n of hoih LHriirs Know u" WON'T -t
on ih" tribunal n7 Ju IL, rn n9l aS u ; ,nil1r.
Judge Strong agreed iull IN hIudg" Clitf"ri
| hut he doubted whether Mr.. DAVIS could Boz in
| du'"l t9 rr'on- der nls i"t'rmnntion not t9
accept the pos ton. II VIVA. however. agreed
! that judge DAYS should b. not fled tu h" wns
] the choice 90 three of the Judges. ana TINT they
had determined to give him until tomorrow
! morning 3d. r. consider. When tins con fusion
wa- rea hri the conference adjourned until to-
In an iniorVi"w with Judge Black this evening
he said that Jnl-c DAYS val, or Ought To- hc, ap-
pointed the ilith judge. II he Is NOT so np-
| onu-e % rrgrct for all the rest OF his life. But
! Ju lce Black does not caro- who r. appointed,
duty with a show of Illness or pr9priciy VIII
shock Oh" common = nsr, ana con mon
/ honesty 90 ia" nation hN d"Nldins thht "A
| fraud IL good a- the truth. merely
h.'ause j come- wrapped bog the forms 81 nw.
| This tribunal knows. II VIII b" compelled to
know. AMI rann IT shut iis eyes To the fn,t. that
| Hayes has ~ tur except 4 tn" founded on
| plain. pnlpahle fraud and fasehood. The
| Judges cannot look with the least degree OF al
luwance upon such an infamy. Hepuhicans
speak Of Strong ns though he were n
mere part san. r"ady 10 endorse any
corruption which they may think necessary 70
keep them IN power. Thoy snnl"r him. He
II an honest man. firm believer IN the Chris
tan religion. and has not the least idea that u
corrupt de- .is un can 40 unpunished either n
this world or in The next. 1t is prep'st"rous to
SLY that IA" WHn WNo i~ N favor OF putting 'rni
iu tho Cou-' fuf' 'ou wouid hr " Hing e. ( The
lrHN oftn. Rturnns Board above God and
tn" tnu-t| tuitNu iHItN.
Should justice Dnv's loo chosen rs the n'th
IuiEe tA' Commission viii I've compus ~ iOl-
! lows:
f..,tits r.f.es -Sarnnei Nlof of Iowa. and william
>frun- nf f,nn-vlNftf Republican. David DaNs ni IN
fI.- lNtDftnt rt So rlDu j fird vi IaAuluih, ani
Ntfhln rhf.r' n' Maiur nom0crat,
~.Hftfs -trnr-t Iimuuis oi Vermont olNer =
N.in "' '.lnl, ini i.d nkr tmnnshn{ IN u
r itfa't o. luiltlu- Al'nti Thurman OF ONO and
Ih...4.f H4..iII Uf il, lHwure. bcmHcFat.
f.s+Htff.-t -titnre' ll ~ OF Massachusetts, an
lnit.- a ttrt ut.., ht ilNNrtn-. n MY ihNus
O.. u'l.. i..4.H Ahiuu o MA-.acAL-,tt-, and Eppl
hunt0n oi Ni4-uua. D. umo. ftt,