The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-03

provided for insuring fair compensation
to private owners and preventing them from
interposing distractions to a great public
necessity through the action of the courts.
The city has right to demand that all re-
promptly and effectually removed by this
Legislature.
David Dudley Field on tho Presi-
Dental Dispute.
Mr.. Field was yesterday elected to Con-
gress by majority Of nearly four to one,
and he makes the event noteworthy by the
publication of pamphlet setting forth his
views on the questions in controversy be-
tween the two political parties. On the
question, Who is entitled to count the cleo
toral votes? he presents nothing new either
in argument or conclusion, but makes 1t
clear enough that the authority is vested not
in the President Of the Senate, but in
the two houses of Congress. In discuss
ing what votes shall be counted he
goes into legal retinements which are
more ingenious than convincing, his
main position being that the electors must
, be appointed by ''the State, and that por-
ton of it's counties or election precincts is
not ..the State" This is intended to apply
to Louisiana; but it is too wire-drawn to
make much impression. On the third ques-
ton which Mr.. Field discusses, What is the
remedy for wrong count? his views are
moro striking and torcible, and de-
serve examination by the lawyers in
Congress. He proposes two methods,
either of which he thinks would be consti-
tutional. One is for Congress to provide
judicial committee of it's own body, who
should sit as a court, anhdecide the ques-
ton according to the law and evidence.
The other, which he explains more in detail,
is method for bringing the disputed ques-
ton before the regular Judicial tribunals
for decision. 1t would require an act
Of Congress comforting jurisdiction on
the courts, but not, us Mr.. Field
tuition. AS the controversy could go
to the Supreme Court Of the United States
only on appeal he would have an act passed
giving primary jurisdiction to the highest
court of the District Of Columbia, with
power of appeal to the Supreme Court. The
parties and the evidence would be already
in Washington, and by giving this contro-
versy precedence of all others Mr.. Field
thinks a final decision could be reached
previous to the 4th of March. This pam
phlet is published by the Appletons, and
this part of it deserves the attention of ell
whose minds are unsettled respecting the
final adjustment of this difficult dispute.
The Legislative Middle in LOuisia ma
Orleans, each claiming to be the Legislature
of Louisiana We are having a repetition of
the scenes which were presented at Colum-
bia two or three weeks ago, with an equal
chance that there will be no violent dis
turbance of the peace. A popular outbreak
at this juncture would be so disastrous
to the democratic party that it
will not be permitted if the democratic
leaders can prevent it, The democrats Of
Louisiana lack some Of the advantages pos
sessed by their brethren in Columbia. The
Louisiana Returning Board has not over
of the Supreme Court of the State, as was
done in South Carolina. The democratic
Legislature has not the same claim to quo
rum which was asserted ut Columbia AS
they have less ground for an appeal
to public opinion and less show of regu-
larity than was possessed by the South
Carolina democrats there would be no dis
position to excuse them if they should bring
on disturbance OF the peace. In South
Carolina the democrats had a title, or at
least color of title, to be considered ma
iority of the members elected to the lower
house. The members who held regular GER
tiiicates, with those who were declared
elected by the Supreme Court, were
enough to make q real quorum; but the
Louisiana members whose election is dis
puted are destitute of any form of certificate.
Under these circumstances resort to force
would be sheer lunacy, and it is not probable
that the democratic leaders will permit it,
But although the peace of the State is in no
great jeopardy it is to be deplored that it's
government is again in condition Of chaos
bordering on anarchy.