New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-16
RFPURLICAN DOERTS.
NEW ISSUES II THE LOUISIANA CAsE-THE FLORIDA
DECISION NOT NECESSARILY APPLICABLE HERE.
LEY TELEGRAPH TIE TRLBuNE.l

NEW ISSUES IL THE LOUISIANA CAsE-THE FLORIDA
DECISION NOT NECESSARILY APPLICABLE HERE.
(BY TELEGRAPH TO The TRIBUNE.
WASHINGTON, Feb. 15.EAlthOugh nothing
has been said by any Republican member OF the Flee
tora Commission which can be interpreted by the Dem
ocrats az favorable their Of the Louisiana case,
it is true that Of the shrewdest Republican poll
ticans in Washington have become Less confident every
day that the argument has continued that the decision
of the Commission will be favorable TO their side When
it was ruled by strict party vote that testimony
would be taken the Florida except such re-
lated to the eligibility Of Humphreys. aud when subse-
quently the Commission decided that had power TO
20 behind certificate Of the Governor and to take
tmouy dunde to dispute that document when based on
the report OF the Board OF State Canvasser the Repub
cans supposed that these decisions would certainly give
them the vote louisiana They preted the udg
nent VI the Commission IL the Florida virtually
settling vital questions at issue in the case now be-
fore COmmssion and that would not be
to make arguments against the admission Of testI
ony AT any subsequent stage OF controversy The
fact that Commission has been hearing argument on
the admislbity OF testimony IN the case now pending.
and that IL Will devote the most OF tomorrow TO
sutaon on this subject, shows that the question is at
least still open, and that majority Of tue COmniss on
does not consider its decision IN the ord case en-
tirey conclusive in that now pending.
Many issues have been raised IN the Louisiana case
which were not argued all in the Florida For
example the constutionaity Of the Board Of State Ca
vassers denied by anybody, tie legality
OF IT, organization ever questioned. In Louisiana, the
Democrats deny, FIRST: That the Returning Board had
any constitutional right canvass the Electoral OF
the state and Secondly: That II legally organized
under the law by which il created The decision In
the Florida of assumed that the certificate Of
the Governor based the report OF legal Return
ing Board question is raised here IN the legality VI
the Tribunal which canvasred the votes and the Demo-
Gratis mold that the doctrine laid down in the Florida
case would require the Commission 10 satisfy itself
that the Returning Board what II claimed be- le-
gay organized under the Constitution and laws OF the
state. Again, question raised by the Democrats in
regard the extent Of the powers which coad be legally
exercised by Florida Board Of State Canyassers and
the Electoral Commission refused 10 any inquiry
this subject. In the Louisiana the Democrats not
ouly question he legality Of the boards action but assert
that greatly exceeded It's Jurisdiction and that all acts
perorme, by de OF the jurisdiction conferred upon
n nv the Constitution and laws OF the State null and
void This it will be seen Is a much broader question
than that raised the Florida and about which
even Louisiana Republican politicians are somewhat APP
prehensve.
A very prominent Administration politician from New.
Orleans remarked in conversation yesterday that he had
no fears about the decision OF the Electoral Commission
on the constitutionality Of the Louisiana Returning
Board because IL had already been sustained by the
nreme Court o the state; did he believe 10 possible
that the failure OF the Returning Board 10 Ill the vacancy
which existed by the election Of nth member would
validate its proceedings But H. he said, the Commission
decides 10 behind the Governors Certificate and
our whether the Returning Board within its urs-
dicton in every instance which II assumed reject
the vote OF precinct parish, IL would be- impossible
10 predict what their decision would he. In other
words he seemed have serious doabts whether tue
proper steps had taken by the commissioners VI
election and supervisors OF registration in Louisiana
give the Returning Board Jurisdiction Ia every
where II assumed the right "a reject votes. The
that this Returning Board exceeded IL jurisdiction
in this particular 1874, and that the committee
House, OK which George H0ar chairman, report d
that the Board had In this respect
lts powers Of the Republicans ~ be appre-
| heusive 40 " what yisv Republican members u