Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1877-02-15
BY TELEGRAPH
SESSION OF THE ELECTORAL COM.
MISSION TODAY.
he Nasterly Argument OF william
II. Evarts.
WHLf fILDEN WAS WILLING 70
PAT FOB OREGON.

PAT FOB OREGON.
Runored Assassination OF Gov
Packard OF Louisiana.
Shot in the Leg BY \ seoundrel
tsrsciAL DnrArcHrs TO rur Coin HILL
DAILY NEws.i
Prsessdings OF the Cemmissien To
Nay.
WASHINGTON. Fob. 49, The electoral
commission met at io:i5, and Evarts con
tinusd the argument N tho Republican
side. He eonteaded that the right TO cast
its votss rested in the State, and was not Z
grant from the General Government.
Whatever power the Federal Governmeni
possessed II held through term Of the
Federal Constitution. The 9th and 10th
articles Of the amendments reserved In
tsrms 10 the State all rights not specifically
ueiegAteo. Inc Whoio nia''er " se,oouns
electors, Determining the mode and issa.
ing certificates belonged to the State. IL
wss for the Federal Government to count
the votos aftsr they had left the State. As
In the Florida case, 30 here, this body had
tho power Of the two houses 10 count the
| vots-ths power granted 10 those bodies by
the Constitution. but not the power OF leg
islAtion.
Considering the power possessed by tho
Commission, Evarts charged that the other
side had changed its position. holding In
the Florida case u had judicial authority
10 institute quo warranto proceedings. aud
| now declaring that 10 was q Judicial body
whose duties were said TO DO legislative.
He commended that tho power vested In the
body was such as existed In the two houses.
for the performance Of q specified duty. to
count the electoral votes, not 10 vote for
e~lectors for the two houses did not pos
sess that power. In regard 10 the ineiigi-
| bility Of brewster and Levasse the statute
nr,scribsJ hat they should lie waited for.
and N they ali mot sppcar until 4 O'clock
the vacancies were 10 be filed By the re-
m.ining electorx. They did not appear
| and the vacancy was declared and filed.
IA h. arst necsss.rv IN examine what Arc
,ha Ia. a, Iorisia,. This Law of \
.an,.in.d TO i.d.r.nd.nt .rts N. inle-
as.J.n. .,hi..,s a. dr., relative IN
$500. ~ yonss,.na al 40 %ortorce .r,i.
~ 100 ~ Ta.-.i,.,ian - 40 a,,,.
M - .s.., sIsa,a. L. 1h.,
..a..-. 1870 ~. r%a,s,isa 40 pr..iacn.
~ 49,. T,,.ss 80 81. ,nyornsJ Az
$500. =. ,s5s 49, ,hss w.ra snh..-
s~ .. -hi.h a.. ,-oro ma,
fs ,ssJ nrnvi.ion IN The latter
~, rroviain, for tbo allinp Of vacancies
~ .i.,,ars ia NO, .nnear heforo four
a%..,a.s .s,hs",rdnt Isc;slstnrc ths
NEUTRALITY-SUSPICIOUS. l. r.no.i..J mi ali
sn"a-,@ ~, s,srIin,
I.,s7s ,hs,. vs. r%cyi.i., M Tho l.vs
49, 80. ra,osi ~ ,ha Law. NOR
snJrs.a - Nm I'M c",iacs,ion
81 ~. 49, r.csn,i, maJs Inv Conrress
m. r.f.,rsd In m. rsviseJ ~statutes In Tho
,.i,a~;n. A.. n, 1868 to sboy that they
III 30 i-n.ornora,eJ I'm The ststutes r,.-
s;s.a w. her real ,he ss.sIon law Of
,s7s r.s.sa March iGth. anil maintained
th.t AZ n made no provision for tho dis.
charys Of their duties by Electors, II did
mot bv the terms of its repeating clause re-
neal the Act of 1868, as incorporated In the
revised statutes, 80 far as that Act related
10 the discharge Of their duties.
He said that net one OF tho eminent
LAWYERS who visited New Orleans during
November, ever Thought to suggest thai
Governor Kellogg ought TO count the vote.
which was now the construction sought 10
bo nut upon the statute Of the State.
Eyarts argued against the authority Of
Congress 10 interfere In the affairs OF a