The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-14

regard 10 the law and the faJts turn upon tho
conAtru ton of tho statutes of that State. IL
Mr. Bradley does conclude that he NJ lounibytho
oath no has taken 10 give n true judgment there
on ngrccably to the Constitution and the lnws.
then there can bo no question as TO tho iinal re-
suit in the case now pending before the COM
IN iasion. The vital question is the constitution
of the laws passed. by the Legislature OF l,oulsl-
ana regulntingthe holding OF elections Tor fres. .
idcntial electors. This qucstion arises IN tnls
way; In 1868 the Legislature enactod law
which provided for the appointment Of cloctors
dunn Of the ballot-box. and prcsrribed
the number. and distribution OF these
electors md the manner in which NE yot.A OF
the people should be cnrvnssVd. This law re-
quircd the electors corresponding 10 the soma
torial representation of tho State in the Com
grcsa Of the United States to be selcct'd from
The State at large. and thoec representing the
Congressional districts Of tho state 10 be Sc
lGd ras ,ss rsspsaEs "naSr o,7r ns law wort Of
up 70 ,hc serstfy Ct Stat where o,d 'hssy ,sys
Secretary Of State. and the true result M shown
10y the face OF the returns was 70 be declared.
of votes we're, to be pronounced elected by the
people. Tue law provided further. that in tho
event ~ any Nacancics occurrlng IN the College
OF electors 30 appointed by death. failure TO
attend or any other cause. then they should bo
tllcd by tho remainder of the electors when
thoy, met g, form the college on the eth q Do
1870. when tho Legislature OF the state lid TWO
things First. on the tth day OF March u
for the State. which was a consolda-
ton Of all the statutes which the Legislature
ciscly similar to the act Of Congress- passed
June -. 1874, onading the Revised Statutes OF
clause. with this single variance. that instead ot
the Revised Statutes of Louisiana. tnking sff"t
on and after & their dlnroya by the Chief hSc no
United states did. y was provided In
M a., that t9cy SHOULD not go into oporntlon
I4 ttu u pf "a Hgytst.l
on March 10. The LEGISLATURE Of Louisiana
passed general election Inv providing all the
ment I nv Snpcry,sers '"D regsttnStion anI
and Of elc'ticp officers. and ere
Sass OF the rctIrns but wholly omiiting to
make any provisions for the election of Presl-
dental electors. repcalng clause WIS ineor-
porat.d in this General Election law. which re-
pealed all acts or parts OF acts previously "nat
ed Inconsistent with this latest cnnc ctmcnt Now
there arc two important and vital questions
growing out OF this leeislailon winch the Elec
toral Commis-ion must pass upon. FIRST.
whether the Revised Statutes pissed March IA,
hut 10 take effect April |. 1870, are Ia bc held
Ia be operative as. 10 their rcp aling
iorcc from the date Of their passage March IA.
alton. ON April /. 1870. II II be- held that they
must be considered as If actually ennct"d on
the day on which they uike effect. then, Of
the at passed ON March is-the general
election 'law-and rcpeals the whole Of
With the Rsvscd sttutes or Il it be held S that
the latest .nactmcnt the General Election law.
pass,d March 49, rgEeGss ,so all prfSioSs
sstent herewith. then the act of i-6s
was thereby repealed. Ii matters not
commission choose they Will be compelled 70
give decision the, consequence OF which viii
the at Of March u. ls;o. rccnacting In the
revised statutes the election law OF lSGs,
Sp'Tes 6sd Been r@peani S"y1S kSr and 40 a
the latr at which II go"S into effect. then IN" act
9i March 10. $50. j. repealed; II on IN" other
March Ii. 1870 WAS the latst enactment. then
the law Of l-as. although rcJnated IN
Of either OF these determinations by the CON-
mission will be fatal to the Republican case. il
with the decision of this extra constitutional
body in which Joe Bradley is the balance OF pow
the General Election law-repealed the n,t of
1903. thon there IL no provision whatey.r , on
election of Presidential electors. There II none
I'm the act Of 1870 and the act Of 1874. the present
law under which the Returning Board claims &
have derived all its authority, contains none. III
II b. held. however. that the act OF March lt-th.
| revised statutc=-must bc considered a. passed
| on April /. 1874. the date at which they take
cffcct, then the act of 1870 WAS repealed. AMI
| tho law of l-6s is in fun force, and under
it the Returning board has no no rg,,,i row,eIi
| electors because the law of isos provides that
the votes shall be- canvassed 10y the Governor
Rnh Sanitary Of s"te sil FURTHER ,.io 4 it ,s o.,
p.als the act Of March -. l-7o. then there
| il no provision for the appointment q elect
| ors to all vacancies in the Electoral tollrg"
| bccauso the at Of March ii contains no
| provisions Whatever affecting the election oi
| electors 1t certainly IL II most rcmarkahl" case
| "a Mr.. Carpenter said in his argument thi'
| evening: and whichever way the rommissiof
decides, It's decision must be fatal 10 the K"pub'
| liran fraud: that IL, providing that the commits
! sion does not hold that II cannot 20 behind :
! Governors certificate. even To drMrmin,
! IN. appointment of electors.
/ Asaluing sequel 10 the otoral Commission
| decision in the Florida ease. Mr.. Purman. wh'
| has misreprrsented a Congressional district o
| that state for several years in the House o
| Representatives, to-day mad speech ~ whiri
| he declared that his party leaders in Florida
| instgated by the chief conspiratnrs hrrr
| had stolen the electoral vote of that state iron
! Tilden. 10 whom it rightfully belonged Thi
speech created great rNeitement on ,he Kepnl,ll
! cHn side, aud PurmAn il heng heartily DO
! nnuncod by the very men who Have been de
tending him anu his sort for these many years