New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-03

ANG w l. OhhAA
and no end would found to the papers tat might DO
presented In party or pegsonal interest, establishing
retroactive right to exercising function Ia lilo state OF
shall now chiefly conane the arrangement TO cerih-
Gates No 1. because II the oectons so that cernhcao
are invalid and the certificate itself Is aid, that being
recognized disisses all consideration OF hr other cern
Gates. aud sisll ascertain what Is the constitutional
and legal vote II the state OF Florida.
FRAUDS IN THE ELECTION
The objections this certificate substantially one,
namely, that there fraudulent return That was
randuenty issued not by reason OF anything which
appears action Of the cetcaon or presenting OF
the certificate OF the action OF the people,
and hence ~ that heard this morning chiefly,
Instead of constitutional and legal presentation Oh ine
sSmn n u original ie {" law
determine facts, tc decide rights between parties 10
somewhere has acted frondulcnty aud that this return
II is not however within the scope of purpose 70
answer generally the argument that took most Of tho
tme tho oidcctor who opened tis case-hr Field
S s sy sse With g h s' ss%s by NJ
with respect to tho facts For example Mnen me ne
of the facts Of record in that ease bat cay maj
ES Which Is aess be- 81 a to- w.t. ta
body laughed on proposition berg mace 20 cany n,o
Jackson County. where. under other political dooins.
ton, rejected I'll votes given f0r Tue otcr
candidate str sRd THAT Tat pd III. ectOn
should esk you to go into another county wne,e you
STOPPED on ito pssoge through the county and tho
got of and voted the ticket sufrorfd ~ 10y
friend, who makes tie allegation about fraud IN BAKER
e should ask you to GO into other counties where you
would find the POLL vi.iated by the stufDy OF ballot
boxes We further answer the allegation that THESE
things have not been denied by by stating that We
propose TO that there such case OF 1raa IN
jhc ipcipency Of tnat vote Rs would asonisi mol Cy
this Commission but the Whole country ny us pc'en
unite with my friends in eondemning fraud wherever We.
it exists. IL should vItiate not Oniy inc poll put Me
action OF every human being who participates III ~ We
are not here to defend ,ud We are here however 70
| say not only that the allegation made on the
| other side is not correct, but that the very
next step IN i, scne Of .h 81 sesse
of violation OF popular nights that have ever pen h
9d tS lei hs'y OF Ia 5om Of it, let US 90 where
fraud such degree and IN such force ns 20
Sovereignty Of the country, lead every parrot to
whether the highest duty OF lesi9''o Is no.
first 10 put guard where alone frad Is esSeutla
ca,d because il is further removed rom hs sghs
DO NOT believe that this Commission, by the Const':ion
or law was intended has the power TO 20 % tne
extent would DO required 70 probe these III anai ac
| cations on both sides to the DotIOin
POWERS OF THE COMMISSION.
/ nnd also that honorable frionds on che other
| side have been mlsled by the Judicial atmosphere
! Of this hail. consecrated usually to the jursdic
ton Of q Judicial court, and under the III
| nuencc Of these columns and the associations OF
this room they have addressed honorable gentlemen
of the Commission, il you court vested Win
lie powers 10 Try vested with the powers OF
snbor,nse court in proceedings by a writ OF quo ,cdr
ranto vested with TIE determination OF the nights ~
holding Office and they have presented To you thcso
questions upon when il is absolutely necessary 10 come
E,st Is his Commission a general aSSiDg board
win power the pubic vote OF the state of
second: Is this Commission National Court Of Appeal
| from the state Canvassing Board 49,
Third: f. This Commission Judicial Court OF Appear
irom State Circuit Court of Florida IN proceedings %
| a writ OF quo rGI7dntoF MI, A., ~. ~ ,,
dlctiou was cOextensiye with that of court III pro
oeeding by g,o oGr100; and add the iar III RESPONSE
o
OF this subordinate gouri Jaugc hite court ~
,sa . bat we are pformcd aud
10 bo that IL IS icIunG Oh an appeal id tne ouppo
Cont OF The State Florida after regular appeal from
III C,rrn Court after thc proceedings u q,o rGrrto.
Now the affirmative OF al tn propositions Is taNeh
v:ssing Board with power to reeangass the vote Of
Florida Gus. by the people Itey do a2F @ you arr
Appeal rom action 81 Che CauvasSng Board Ihet
do at * from 'h he y 4eoa are Of lie STATE Circuit
Court of Florida you con taxi Jh!is . it ~,
limit to yOIr power 10 Investigate milo tht hots'y .i
integrity Of the Canvssing Board OF Florida and deter
iho certificate b. election shodld Lave been vtn Now
this represents he LEGAL position OF o"i opponents.
ask therefore, what the powers OF thls C0inlH-
sion ! mood not remind the honorable eenucnen com
% IL a We arr 5 10 S S no ii eia OF q .c milcd
'ior tbat PURPOSE. 80 ou canhOt -,f 10 lnoSp
d we T " t 80 d GSa'q4 one and 5SS a
it 50 lar IN t. nd whether what aese TO be irand
!" VI - M rlud - seteso be- tits inc popular
LAT thr,e gentlemen say you viii review. "nerr 90"
ira Commission get It's power fol By inc nct or@'i
ling The Commission you vested wh the il-I' 20
cos'ler just 80 much OF this case as congress miF'
consider.
| yIrCToRAr VOTES ONLY TO BE COUNTED.
VT inc ask them what is that IN orc- to clear our
hands from what WITHIN the last tive or three years has
GROWN 70 be most dangerous aspect Of The nights ~
States and people namely, an assertion 81 the Nhiin'e"
power over al thing ana AL questions having national
a,pct OF the two bodies comprising TIE Congress 81 te
y Jsn
tie Constitution. Tue same power "hioH ui
| der the Constitution ius,!iies Congress N so
! ing tina! the rothth3 sh"h 90 u a." a. 20 ~; ~
tins Commission, fhd Lave Jl''I.t" tH'l J.. fi.-
tnf The toGiinE should DE done by tie ifos:cH' 81 the
senate. Admitting tna Con9re3s h'7 tn1 lo"ea 80 20
arrange IT, We mast sIlr ourselves - INC 80 f',
ciu}r 81 jurisdiction Won yourselves WONG assert
surrounded. by t"e Snpo to"G Z" lDssftcc ,,,c
| giitdl"n ire President OF lhe 0tnA'c t.".e
! sAouG count the 'Otea. II me C'iSil i.to,,
had si,id and The vote snail ihon BE- c"uh,oI d, m,
tho result WouId rave eeh Ict.i i'1 a. iu"'tu ..
by INN yOu the words ny tOhEoss,' you 20 ioi
ni,r0 sc tue matter ali. VIVA VcI Cons,t, las - no.
tai IS u Oe "onc -! the iIcSI'i, va ' @ ,t 49,, -!
the $50 houses Oi Congress. II you Dhtt" hai ihr
| President o. the sehate should count INC FoiT,i
i'm ne us the rlsYt 10 I'd Oui commissioners 10 iht
,cpo-3iiOns, seek evidence, 10 fer"l'oS 'h' p'Pd
| raj yUto of tl3rda 10 ofSsn!@t mo "Ho'@
maehDrry ahke OF the executive CONTRASTING boards oi
The state aud the Judicial rOdS o Tar 7d'c - thcfc
a gentleman in this Commission, !rein rit.rr House oi
Congress tho Sulieme Bench "h1 don'd i'f . hu
u,Hi Tolerate such imWe uici ILe hi'"ils A'A-'r-v
No Olal power hfteeu mcn. outside -! tGo power
winch by the ike would have been conferred uoh
our IN H. Hence say th,ro is III tls Jaw no power 10
90 moro tLan necessarily implied Ia the words count
| The vote" 49,, .o.,,u WIZ.
dos /; meant Aid is power OF tha sort tiaI implies
something not ministerial win INC mario" cirsul. Oi
discretion that belongs to the ministerial power docs It,
- gentlemen on other side Ciailn; ave u"ui unlim
iic power OF review does. your Constitution III
! trst three articles tHo foleral COnSHu-
tion relating to the functions OF tins Coy,
iudcI and affirm positively mat t4o judicial functionS
vested III certain bcay, namely ID ns nIprehie