The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-03-13
THE ELECTORAL COMMISSION ACT Ex-
AHMED AND EXPLAINED.


shown In my previous comments on the Elec-
toral Commission act that It's intention was to
provide tribunal that should have jurisdiction
to hear and determine all questions upon or in
respect Of the double returns from any one
State. which were known to be in the hands Of
tho President of the Senate. and which the act
directed to be first opened and then disposed Of
in a certain manner. 1 will now proceed TO
show the method that was adopted for raising
the questions upon these double returns, which
it was anticipated would have to be raised. and
the method that was adopted for trying and
determining these questions. The previous
clauses OF the second section Of the act which
contemplated the examination and decision OF
all questions upon or In respect Of the double
returns from any one State must have contem-
plated all that should be raised in the manner
provided by the subsequent clauses Of the same
section. Those subsequent clauses are the fol-
lowing:
And when there shall he moro than one such
SR sc . p Se os c Scans Sp Of 2
SAM return they shall be read by the tctrs and there
many. Every objection shall be made IN writing and
Rs ground Scrof ana hail Sc ned by al ens one
senator and one member Of he ou,s OF Representatives
tons 50 made to any certncatc, vote, or paper from
Gates votes. and pepcrs 90 ce fe an gu ign ers
c2mpanyns TIC same, together with such objections,
shall proceed To consider the with The same powers
ncs cpSsy sr tngcer r W ny s iwo Sa,c s
determine whether and what votes from such state are
states, and how many AMI what persons were duly ap
pcn ge e IN '@ch stat and nay therein take into
as shall by the consttcn and existing law be com
ION ,ha made in writing saing briefly W he sroand
sion agreeing therein.
The first thing that will strike any Intelligent
reader seeking for a rational Interpretation of
this law will be, that It provides for formal
mode OF raising questions in regard TO the va
lidty and truth of the papers which are to be the
subject of inquiry. The reader will next ask for
what purpose were these questions 10 be raised
II they were not 10 be tried and determined?
II all that this proceeding was designed for was
TO have the questions raised and then to have
the tribunal determine that there IL no power
under which the evidence on which they must
be tried can he received why did not the law
distinctly and separately refer to the commits
sion the inquiry whether. under the Constitution
and 1.-The existing law. tho two Houses acting sepa-
ratcly or together. can ever hear evidence to
impeach the truth OF an electoral certiHcatef II
II was designed to leave the tribunal at liberty
TO say that the objections sent to 1t could only be
tried on what appears on the face of the GER
tificatcs themselves. what mockory II was to 60
through all that formality of objections signed
by at least one Senator and one Representatives
The truth Is. if it had not been understood and
believed that the objections wera to be tried and
determined upon all such evidence ~ the ma
ture OF such inquiries calls for and makes suit
able TO the issues raised. the hill mover could
have passed. II it had been believed that in the
phrases. and may therein take into view such
petitions, dispositions and other papers. II any,
rs shall by the Constitution and existing law be
competent and pertinent in such consideration"
there lurked meaning that no evidence what
ever outside Of the certificates themselves was
to be received. or a power in the commission so
to decide. the bill would have been postponed TO
the coming in of tho Greek kalcnds.
BY no sound rule OF construction can II be
claimed that such was tn meaning or that tho
members Of either House ought so 10 have un-
derstood 1t. The clause which have above
quoted. was not intended 10 lay down rcstrc-
tive rule Of evidence that would exclude every
thing hut the lying certificate of fraudulent
returning officer; nor was it intended as a sly
intmation to tho members Of the Commission
that the two Houses Of Congress held TO tho
doctrine that there can be no going behind the
official papers which the dishonest officers Of
State may have sent up. On tho contrary the
reference to the Constitution and the existing
law, as a measure OF the competency and per-
til'n'y Oh inc evidence tliit might no offered IN
support Of the objections. makes the rule as to
the reception Of evidence as broad as the great
objects that are to be accomplished by the pro-
visions which the Constitution and the existing
law make for calculating the will Of the people
of State in the appointment Of their Prcsdcn-
tal electors. Those objects are. in every State
in which the electors are by law to be appointed
by tho people, to have the votes Of the people
make the appointment; and any rule ~ evil
dencc 10y which the truth Of an OH 'ial attesta-
ton OF such appointments is % bo tried accord
ing to the Constitution and existing law must
be- construed and applied in furtherance. and
not in restriction. Of tho great. paramount. and
controlling object Of all the constitutional and
all the statutory provisions.
shall hardly consent to degrade tho dignity
Of This discussion hy inquirng into the force Of
the two little words u anu" which occur in the
clause on which have Just been commenting.
Every sober and competent interpreter Of a
statute will agrce with me-. that however any
craftsman Of this law may have imagined he
was doing something adroit by the introduction
Of these two words they 10 not affect the mean
Ing Of the law at all. Itthcy are left ont, the
meaning of the clause Is the same ms il they are
left in. Their anteredents are the petitions.
dispositions and other papers, which are 10 bc
received, II there are any; and they do not
qualify, or in any way bring into doubt. the
competency or portnrnoy OF the cvil nee a.
cording to the Constitution and the existing
law. which must he Judged hy the great objects
TINT they aimed to accomplish. TIL Pc h I'm %
previous 'lauso Of tho same se.tion an alnu-in.,
Illustration NJ the entire want Of iorDe In th.s,
words fanny" The President Of tho enate
shall call for objections. ang.' Did it moan
that he called for any. he WAS to call for thom