The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-28

military government will become
necessity and large portion of the
army will have to be permanently en-
eampsd In the State.
THE POWERS or CONGRESS-.
NJ Has Equal Powers with states in Com
| gressionai Elections.
IN. Y. SUM- .-.-
| BALTIMORE, Feb. 25.-An important
decision was rendered this evening by
Judge Bond In the United States Circuit
Court. in the habeas corpus cases Of
| United States special deputies employed
at the Congressional election here In
November last. The deputies made
some arrests for trivial offenses, eharg.
ing "disorderly and turbulent conduct"
The arrest OF the deputies followed,
and they were released on writs Of ha-
beas corpus. They were subsequently
indicted by tho Grand Jury Of the Grim
| inal Court for assaultinE and intimida-
ting voters of the polls. A second APP
piication for the writ OF habeas corpus
was made. The State Attorney moved
to quash the motion, which was fully
argued. Judge Bond decided the mo-
tion adversely and discharged the pris-
oners. He reviews the various acts Of
Congress authorizing the appointment
of special deputies by the government
at Congressional elections. and decides
that the arrests made by the deputies
were fully justified by law. Section 2022
provides that these marshals and depu-
ties "shall keep the peace and preserve
order at the polls" He decides SUBJ
stantially that Congress has equal power
with the States In Congressional cleo.
tons. Whatever the State may do to
secure full and free expression of the
people at State elections the United
States may do In respect to Congress
sional elections. This Ia equally the
case whether any expression or inter
ference comes from an open act Of hos
tility on the part OF the State or from
It's neglect TO provide means to secure
fair election for members of Congress.
It is believed that the opinion. which is
quite elaborate, conflicts with the views
set forth by the Supreme Court on o
similar subject.
THE FILrBUsFERs.
what the Radicals Prepose TO EsD If the
Count is Delayed ny Fiiibustsring.
IN. Y. Herald
10 the event Of success on the part Of
the lilibusterers in preventing the COM
pletion of the count before the 4th Of
March, q Democrat said that the
scheme would not prevent Mr.. Hayes
ter would have to do would be to take
the oath OF office and enter upon its du-
tics, his right thereto being determined
by the fact of his election, which writ
OF quo lGdTTarto would establish. It Is
generally supposed that writ Of quo
tcdrrd,lto would not issue In political
case under the constitution OF the
United States, but the lawyers have
unearthed the fact that the old common
law of England obtains in the District
Of Columbia, for the reason that the
District retains the law from the time
when the District was part Of the
State OK Maryland, and that what
ever amendments this law has under
gone In Maryland since the cession Of
the District, the law here has been sub
stantially untouched. either by It's ter
ritoriai legislatures or by enactments
Of Congress. Under this law Mr.. Hayes
would have the right to demand the
Office and its emoluments. The courts
here, on the presentation OF the facts OF
the electoral vote, would declare him
entitled to them. A case in point Is
cited. When Mr.. Harrington was chosen
Mayer Of the town Of Manchester, VT,
some ten years ago, the Board of Alder
men, who were his political opponents,
ran away with the returns and refused
to publish his election, notwithstand-
ing this, he proceeded to the Town Hall, |
took the oath of office and assumed the |
duties of Mayor, and was not disturbed, |
his ability TO avail himself OF quo
7garTa1tto being recognized, and bis legal
tenure of his office admitted. The Re- |
publicans say that should it become |
evident by the Sd Of March that the fill |
the last, President Grant ought to re-
sign on that day. The President pro |
tenn. of the Senate would then become |
Acting President OF the United States |
until the choice Of O. President by an
election Of the people.
SPEAKER RANDALL.
How re Is working to secure an Extra
session of Congress.
Washington Cor. st. Louis Republican,
Speaker Randall and several Of the |
other prominent leaders Of the ex-
tremists are apparently struggling |
wholly to impede the ordinary legisla- |
tive business 80 as to prevent the pass
age Of the appropriation bills, and thus |
secure an early session Of the next Con-
gress. This, indeed, Is about all there |
Is In the filibustering now, for it seems |
to be admitted tonight that 1t will be |
almost impossible to prevent the CON-
pletion Of the count, although there are |
Sblll uy5tGIou6 ItiIlOIS hUOuL IsSuub1l |
having some strategy in reserve that |
will accomplish this purpose. But
the defeat Of the appropriation bills
can easily be accomplished, and as an
excuse for that Randall says that the
early session OF the House will prevent
Hayes buying up enough Southern
members to control the organization.
Randall's personal anxiety on this
point arises from his belief that he will
stand a much better chance Of election
IL the House organized this spring than
he would next fall, even IL the Demo
Gratis organize it in December. Some
Democrats follow his lead because Of
promises that he will remember them
In his committee appointments.
But after Randall and David Dudley
Field the Ohio Democrats are the main
D. ~ ho Lnr |