The daily gazette., 1877-01-30
Counsel before the Com mission.

From the World: ~
The Ereaing Post quite explodes its
self with the idea that if it had been
suggested that the new commission
could tolerate the presence of eminent
lawyers to argue the propositions of
the contestants from the disputed
States, the measure would have been
endangered. So many objections are
given that 1t is not easy to summarize
them. One is that there are no spar
ties" Yet in Florida, for example.
We had supposed the Tilden electors
on one side and the Hayes electors on
the other side claimed the electoral
Offices And so in the other disputed
States. Another is that tine cases are
distinct but can and will they not be
| taken up in order, as causes are in anv
other court? Another is thar wit
nesses may be browbeaten; but there
will be no witnesses to browbeat.
Another is that the commission is like
congressional committee but do not
counsel appear before parliamentary
committees in London and in Wash
ington Another is that Mr.. Eyarts
and Mr.. Trumbull will talk beyond
the fourth of March but cannot the
commission protect itself, like anv
other court, against an overflow Of
genius and learning Another is that
the Commissioners themselves are
cable lawyers :" but was ever law,
yer so able. that he did not welcome
the argument of criticl points, aris.
inS on one side and the other, by
equally able lawyers Another is
that the commission cannot know or
sec parties. 10 the contesting clai-
mants for the electoral offices but
that would be judicial ignorance and
blindness with vengeance. And SO
we climb up to this high objection
"The questions to be answered by the
Commissioners are very simple in form.
| Upon the existing facts, what are the legai
electoral votes from OregonP OF the two
certificates from Florida, which is authen-
| tic? Under the Constitution and laws.
what votes from Louisiana ought to be
| counted! This is the plain understanding
| of the business. The dispute in the cases
ofthese three States is distinct"
We assume that all the opposing
votes, certificates, and papers, and the
| objections required of Congressman,
sent to the commission from Floriada
for example, or Oregon, or Louisiana.
will be printed, as record of "a lease"
in the Supreme Court is printed, -
that is everything which goes to the
commission from the President of the
Senate and the two houses. Now, by
weat standard is the question to be
tested which are the true and lawful
votes Clearly by the Federal Con.
stitution, the State Constitution, the
laws Of the Legislature, the decisions
of the courts of that State, and cheer
documentary matter. Who will assem-
bic. arrange, prepare and print these
documents on each side? Will each
member of the commission collect
and print on his own account, or will!
the commission first decide what it
will read and study?
Finally this difficulty is suggested
by the Post:
"The returns and papers shall be Sub
mitted to the commission for a judgment
and decision, upon the returns and papers,
as to which, ofthem is 'the true and law
full electoral Vote' In its legal sense the
word, "submitted' is familiar. In this city
every day CAGES are submitted to tho
Court of the jury after evidence and argue
ment. 1t is well understood in such cir
cumstances that there is an end of argu-
meht and evidence. The word submitted
implies as much"
Is argument to come from the
President of the Senate or from the
houses We submit that cause may
be submitted" fo- decision, either
with or without argument, by coun-
sci, and either on oral or printed ar
gume3ts from either party. How
many cases can the Post cite which
have ever been decided in the highest
court at Albany or Washington with
out arguments or briefs? But really
it is waste of time and space to deal
with such superficial objections