The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-01-31
THE WORK OF THE COMMISSION.

The counting of the electoral vote will
commence Thursday. By the provisions
of the electoral bill, the two houses of con-
gress assemble in the hall of tho house OF
representatives at one o'clock in the after
noon, the president Of the senate being the
presiding officer. Two tcllers each having
been previously appointed by the two
houses, the presiding officer will open all the
certificates, commencing with Alabama ano
proceeding in alphabetical order until all
arc opened each return being read, and
the result as ascertained by the teleis shall
be declared, which is all the announcement
of the persons elected president and vice
president which is required or will be made
With the very first state on the roll
Alabama-the intervention of the tripartte
commission provided for by the electoral
bill may DO necessary, but this ia hardly
probable 1t is true that there are two set,
of returns from Alabama, but as the dem
ocratlc majority was returned at over thil-
ty-three thousand, and no steps have beer
taken to CONTEXT the election, it is not prob
able that any objection which will be mad
thereto will be seriously PERSISTED in. Tn,
next state to the reception of whose vote
Objection has been made is Colorado, bu,
with this the tribunal has nothing to do.
1t is hardly probable that the obje ton
which has been made-that Colorado is not
a state In the Union-will be again sug-
gesled, or if suggested will be persisted in
but if it is, it will be of noaval. The Law
provides that the electoral vote of no state
from which but one return has been re-
ceived fhall be rejected without the con-
current affirmative vote Of both houses
and as the senate has, all along, recognized
Colorado as state, it will not, of course,
agree to its rejection. Neither do we be.
lieve the house, II the question should b.
presented, would vote that the electoral
vote of Colorado should not be counted.
Then Florida will be reached and then
comes the tug Of war The first question
for the tribunal to decide will be what l.
the extent of it's powers? The law creating
the tribunal does not define its powers.
simply has the same power in deciding a.
to the validity Of these returns that Is pos
sessed by either or both houses of congress
no more or no less. The extent Of lhefe
powers is still an open question. 1t make
no difference what tho house and tenate
acting separately or together, may hereto.
fOra no dana . A. 4
enis established by congress are of little
avail, for it may or may not have been par
ticular to pay strict regard 10 the constitu-
ton and laws. The decision made by THU
tribunal as to its powers and hence as to
the powers Of congress-will possess some.
thirg of binding force as a precedent, al.
though not necessarily binding upon the
courts or even upon the FIVE Judges con-
curing therein If the same question should
hereafter, be presented to them for Judi
cial determination.
Indeed, the bill is very particular to re.
tain for the two houses, acting together, the
right TO ACCEPT or reject an electoral vote
Notwithstanding the decision OF this trip
aTti,e commission. L. IL, in one sense,
simply an advisory council, declaring
what, in its opinion, are the facts and law,
and then leaving it to the two houses, act
Ing concurrently, to Iatify or reverse its
decision. In another sense, il is simply an
umpire, whose decision shall stand as final
and conclusive provided there is disagree.
ment between the house and senate. In
other words, congress agrees, beforehand,
to accept and act upon the decision of this
tribunal in case of disagreement between
the two branches of congress.
But we have said that the decision of this
tribunal as to the power of congress, OF
either branch thereof, will not be of any
binding force as precedent, either on the
present or future congresses, or the courts.
We take it that in the sense of the tribunal
being an advisory council, it 10 somewhat
analogous to the practice which prevails
In several OF the states of call'"y upon the