The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-16

never been canvassed; that the pretended
canvass Is fraud that the papers are
forged; that the returns are altered and
falsified, and I would like to know
whether a count under such circum-
stances is any better than count made
by persons who had not any right to
count. II the action Of congress IL good
for anything In that case 1t must be bind
ing on this commission.
Justice Miller--Allow me to make o
point which came up in the Florida case.
and to which attach great deal OF i'm
portance. If the only thing that Re-
publican returning board can do is to
determine whether certain polls are to be
counted or rejected, your argument is a
perfectly good one, but is ii not also true
that the jurisdiction of the board is COM
inensurate with the duties and functions
which 1t has to perform. and is it not true
that the one main fact which it has to
perform Is TO ascertain who are electors
and to declare that tact, and can it be said
that IL that board mistakes the law on
some points, while discharging that func-
ton. that the mistake is so jurisdictional
as to violate its return:
Mr.. Trumbull-No, sir. do not con-
tend for that.
Justice Miller-1hen my suggestion is
that the Jurisdiction of that board Is to
ascertain and declare who were elected,
and that all below that Is an exercise of
the means and modes OF the procedure.
Mr.. Trumbull-To that / cannot quite
assent. assent entirely to the PROPOSE
ton that In any matter over which this
board had jurisdiction and discretion to
act its judgment is not to be disturbed.
The point which 1 make is whether it is
It's duty to canvass and compile the vote.
1t is also its sworn duty not to take
jurisdiction OF the question OF rejecting
votes unless foundation is laid for it
Mr.. Trumbull next argued against the
legality of the returning board, and in.
sisted that it was not competent tor four
persons to act.
Senator EJmunds-Your point is that
no steps could be taken by the returning
board until the board was full.
Mr.. Trumbull-No steps could be taken
until the board was full, there having
been authority to fill it. Possibly diff
lerent rule might apply if they had not
power TO fill vacancies. This returning
board being required to consist of persons
Of different political parties, insist the
board could not 60 on without filling up
the vacancy.
The presiding justice notified Mr..
Trumbull that his time had expired, but
in consideration of the various intcrrup.
tons to which he had been subjected
some further time was accorded, which
he used in presenting objections to th'
electoral votes Of Messrs. Brewster ant
Levisse, who held federal oflces at th'
time OF their election.
Justice Bradley-Do you intend Il
prove that they were federal office-hold
ers at the time they were elected?
Mr.. Trumbull-Yes.
Justice Bradley-And that they wer'
ofice-holders at the time they cast thei
| votes:
Mr.. Trumbull-No l understand tina
the proof would show that Brewster ter
dered his resignation On the 4th Of Nc
vember. and that 1t was accepted on tn
10Th, and that, very singularly, 1t wa
accepted to take effect on the 4th. som
twelve days before it was received at til
interior department.
Senator Thurman-Does not the law 0
Louisiana provide that If an elector witt
has been chosen does not appear by
certain hour the remaining electors ma,
proceed to fill the vacancy:
Mr.. Trumbull-There is such provis
ion in the act OF 1868.
Senator Edmunds-But you say tina
that law is not in force.
Senator Thurman-If that law was Il
force and il Brewster did not appear a
that time, then was there vacancy un
der that law?
MIR. Trumbull-No do not consider
that there was. The statutes of the
United States make two provisions. One
Is for filling any vacancy that may occur
in the college when the electors meet to
give the electoral vote, and the other
when the election has been held and nc
choice has been made on the day pre-,
scrlbed by law. In that case an elector
may be chosen on subsequent day.
Here there was no choice. IL was just
as If two persons had received the same
vote. or as IL there had been no election
on the 9TH OF November.
Senator Thurman-Is not the real
question whether there was any power
in the electors to fill vacanciesi Suppose
these electors had been qualified but had
not appeared:
Mr.. Trumbull Then if this statute OF
1868 was in force. the other electors
could have filled the vacancies.
Senator Thurman-But suppose that
the law was not in force
Mr.. Trumbull-Then there 10 no law to
fill vacanciesy
Rep. Hunton-Except by election.
Mr.. Trumbull-That brings up these
complicated statutes. The statute OF
1872 provides for the filling of all vacan-
cies by popular election. II that statute
was in force, then these vacancies would
have to be filled by popular election II