New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-15


simply advisory and TO require s decisions before they
have any binding force the two houses Of Congress-
to he approved by the concurrent action OF both Any
opinions rendered by board like this. those who advo
cate its appointment believe would have great weight
and influence in guiding each house TO correct conclu
sions The objections TO giving to board Of srbtra
ton the right TO settle finally any dispute that may arise
are numerous the most important being that majority
oil the members Of both houses believe that it is not in
the of Congress delegate duties which devolve
upon 1t under the Constitution TO any other body
The members OF the joint committee have different
opinions to the prospect OF between them
Some judge from the discussions that have already taken
place that IL will hardly he possible for majority Of
both committees to approve OF plan that has already
been suggested of any combination of plans that have
been discussed Others and notably those Who most
conservative in their and DESTROYS OF
amlcabe adjustment of the present difficulties, are
much more hopeful that the committees will report
agreement 10 the House bef'ce Wednesday next
Whatever may be the real pan agreed upon by the
Senate committee discussion OF the subjects
proceeds upon the belief that the basis OF arbi
tratiOn of questions 10 the validity of duplicate re-
turns by mixed commission com posed OF members of
both houses and contingent drawn from the Supreme
Bench. The plan does not meet with much favor from
the principal Republican leaders. They have nearly all
worked themselves around TO the position that in the
absence OF agreement between the houses the Pres
dent OF the Senate has the right 10 make the count and
seeing the way clear by this road to the inauguration of
Hayes do not take Kindly TO the idea OF switching off
upon side track that ends the msts OF uncertainty
The proposition TO drop OF the members of the pro-
posed commission by lot meets with good deal Of rid
Guile. member the Cabinet said Of 1t to-day that he
did not suppose that there was man of sense III the
country, woman without sense, who would propose
to put the highest office the world up 10
be raled of. leading representative said that he
would prefer simpler plan advocated by crazy fellow
1axv tn
draw chalk line the door of the House to the
Speakers stand put Hayes side and Tlden the
other, and let them up silver dollar the win
to be President The Democrats appear to have a
better opinion Of the reported scheme OF the Committee
probably because they realize that they have chance
of nuagurating Mr.. Tden unless some compromise is
agreed upon. In spite oa rdcue and hostile criticism
may be safely predicted that such proposition is
outlined abovef comes with the nearly unanimous in
dOrsement of the two be carried through
both Houses Neither party will venture 10 lead of In
opposition 20 IL for fear of appearing TO object
to submit its TO fairly constituted trlDu-
nal The purpose in selecting the four senior
Justices to represent the Supreme Court In the
proposed tribunal, is TO get two whose sympathies
believed to be with the Republican party and two
who are supposed be Democrats The Justices would
be Messrs Clifford, Swayne, Miller, and Davis. Clifford
is n Democrat. SwayDe and Miller we're Republicans
when appointed understood TO be still Davis
orally spoken of q Tilden The omission OF the
Chief Justice occasoned by the impossbiity OF max
Ing up evenly balanced four with him at the head In
defense scheme against the charge that 1t is
rattle lottery, II is urged that although one party
would lose OF its representatives by lot that would
not necessarily conclude the because the ques
tons be submitted the tribunal would be OF legal
character possible that the four Judges might agree
They might for example hold that the decisions OF the
Louisiana Returning Board were valid and final.
Of the Judges of the Supreme Court in converse
ton to-day the reported proposition to place four
members OF that body board OF arbitration TO give
opinions questions arising in connection with the
counting Of the electoral VOTE said that was settled
principle of law both in the courts Of the United States
and of Europe, that judges are not to decide
suppOsititious cases, but to conhne their opinions
TO real arising between man and man
In questions which would be submitted TO such
a board had been suggested there would be
no real parties involved, but the questions would be
simply abstract Judges of the Supreme Court could
not act judicial capacity under such circumstances
for If they considered such subjects ministerialy that
fact might operate their prejudice when ease at law
involving similar questions came beforelthem. II has
been said by gentlemen OF much legal ability to-day
that the judges OF the Supreme Court, called upon to
III a capacity such indicated would be justified
Sod