The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-02
COUNTING TIL n VOTEs.
New CONSTITUTIONAL Qa,ations Connected win.
the Subject.


7""'e'''
| "AS"iNoroN' Dec' ~. In the solution Of
"o preseht portlci compile atoms, questions
| NV 'o"nu 10 come up ana play very mpor.
| 80 '"i'""'o" na'e h'1herto scarcely been mens
.'oueu oy the press' cert inv have not been diss
% ana are not fuliy unders God by the pubs
I've ."e on'y question OF constitutional CHAR
49,, - "u'0u "as received a thorough examines
s.o' ~ '"o INDUSTRIOUS IDEA advanced by Morton
"iu "'s .o",euer"'es tnat the right to count the
| '0.'o'', 'o.o' 70 'esieu 'h the Nice-fresidents
| ' "a oo"t'os n'' tn's question IL dis'
pvaeu - a. ''aS' ~, '"e Dcmoora' 70 senatore
| ~. 80" n"'e spOne" 'eoe" ,y' are oonndent
| r, Po7'''', "'9 'ee'', vi WI, oe' "osnuou-
| "a. '''en' Vi '''. oo"A.,"H oor'a,"'y
ue"us W co"nrm this oe"ei. Mr. Conkhne
"o'o "eNer nave peen appointed OUT Win u
w o"a"Ho y, proRra'nne'
| .,, v"oo "u'p'''ou '"a' .ne TWO housee
-, '"e i'A"' W oouh' us 'oR'c" sequence inc
$1,000, ~ W oou'''' n''u uu',e NUMBER OF 'itei
| 60. III So"o W. '"e n7p"'"o,"s' LOT 'us
re,,'s, WI. p,oo"op 'iAe 'nc POSITION .hat "a
uo,,s.s ~, '"o oo"uurie"' vote Oh oo,n
| ,,, 80, oo "o.e'so'' ""''e .ne pemoorHs
| -, =, VI. oo"ou'ie"' 'ote Oh oots
| 49,, ,r, 49, ''eu W AUNT OF count any req
| "' ,"o ''"o'o"oe 70 WAL IL the pemooratis
."oors W anoD'eu' .ne itduunent returns WIZ
We pr'cuc"'y rejected oy the refusal OF thu
| =. =, '"' "'f'""o" '"e"ry' "V
re'ur" ooniu DC reJected without tho concurs
| ,enoo VI tne oenate' it seems To me that the
| De'nocr us nave the pest OF the argument how<
| ever FOR counting is' to use legal phrase, az
anrmatVe act Nothing eau be rejected that
| mas not been received. As senator Bpgy wit'ily
| ooserVeu IN the senate One cannot be kicked
| out OF mouse unless lie 10 In ~ Votes that
| nave oeeh neither received nor rejected cannot
De counted. me question must b. shall these
VOTES oe received aud counted 2 aud not "snalk
| THESE Votes ho' oe couhtedT
nut III e'ther cse' whcther the Democratic or
'he republican theory prevails, the next ana
| most knoty question Is; what shall be done
WIN conn'euh9 OF double returnsf There are
TWO returns each from Tour Stites-Oregon and
'"o 'nree SOUTHERN States' Which shah DC
co"n'eu' ana "h'ch re'ectedf me hepuoIlcan
0e""'e could even uhuer inc Democrltic Theory,
prevent tine counting OF any OF these returns.
pu' 'n"' wouiu sun ieuve Mr. rilden isf undis'
pu'ei 'o.es' WINE MI Hayes would nave but lOt
or cunning tue Two votes OF Oregon, 49, In
oiuer % secure MIN minority Of the Electoral
''heRe'' the returns OF Alabama and Georgia,
III Votes' OF Mississippi and North CTolina, Ia
Votes' wou'u nave TO be rejected. uDon what
rea ground tnis could DE done, II IL dincuit I'd
cohceiVe' NeVeftheiess' TINS IL seriously sposeg
OF as the man feature oil changed Republican
programme.
mere arises another constitutional question
more important an interesting tn the previ-
Gus one. Wnat constitutes majority OF the
whole number OF electors appointedf" This Is
the precise language OF the Constitution. Ths
necessary lSo electoral votes are majority Of
the ELECTORAL Colleges III every STATE Uncluline
'oiorado) casts tue whole vote to winch II Is en-
''teu' but u the vote on any state Is re1ecteds
Gun u DC sun insisted that whiic the aggregate
| Sreouced' tue number constituting the maIori-
" cannot be reducedr III the vote Of Louisiana,
iof instance, be rejected could 1t still be mains
taiheu that the eight electors OF that state were
appointed within the meaning OF the Constltu'
| uonf III they had no legal existence and No
practical effect were they still part Of the Eec-.
| toral Colleges7 Democrats differ on this point.
| Mr.. Randolph Tucker of Virginia. who is
puted to be one OF the ablest members OF the
| House, and probably Is Its host constitutional
| lawyer, holds that no matter whether a return
| Is rejected or not, the respective electors must
| be considered ne appointed, and the majority or
| the Electoral Colleges remains the same-ls1s
| Several Democratic Senators, however. differ
with Mr.. Tucker, also leading Democrats Of the
House with whom l have conversed upon this
subject. Practice and precedent arc certainly
| against Dir. fuckers theory, for In 1851 Mr.
| Lincoln's electoral vote was only majority OF
the electoral votes cast, and not OF the electors
to whom all the states we're entitled.
Another constitutional question is whether
| Colorado was entitled to participate In tho
| Presidential election. Mark the exact language
| oil the constitution; "Etch state shall appoint
| In such manner as the Legislature thereof may
direct number OF electors, equal to the whole
number OF Senators and Representatives to
| eress." Now, the state of Colorado h,s TODAY
no Representative in tho House, and never was
recognized IA n State by II. When the three
| cleo ora of Colorado ware aDpointed ~ cert,inlv
| -, = = 4, =, =,
"'' "'''"'' '0'" US "'' REPRESENTATIVES, :" 'ue
Congress, nor was there any recognition oil 10 as
| "A State whataver A ncrfcctIv nnalogoua coaA
| - :, -, -, -, -