The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-13
BY TELEGRAPH.
ASSOCIATED PRESS REPORT.
TO THE DAILY LNTELLIGENCER
WASHINGTON.
CoNGREss.
The House Democrats Squirm on
the Electoral Decision.
An Attempt 10 Remand the Case for
Further Report.
Florida Counted for Hayes and
Wheeler.
Objections Filed 10 the Louisiana
Electors.
The Electoral Commission Gone 10
Work on tho Case.
Why an Illinois EIeotOr Was Not
Objected To.
HOUSE.
WASH HINuTON, February 10,

Session was resumed at lC o'clock this
morning.
Mr.. McCrary rose 10 open the discus.
sion upon the objection to the decision Of
the Electoral Commission.
MIR. Clymer raised the point that there
was no quorum present.
1t was then agreed that the debate
should not begin until half past 10. At
that hour Mr.. Field offered the follow.
ing:
Ordered, That the counting Of the elec.
toral vote from Florida shall not proceed
in conformity with the decision Of the
Electoral Commission, but that the votes
OF Call, Young, Helton and Bullock be
counted as the votes from the State Of
Florida for President and Vice President
OF the United States.
Mr.. Hale moved an amendment, or.
dering that the counting OF the electoral
vote from the State Of Florida shall pro-
coed in conformity with the decision Of
the Electoral Commission.
Mr.. Knott offered as a substitute an
order reciting the language Of the electo.
raj act, that the Commission might in.
quire into such petitions, dispositions and
other papers as shall, by the Constitution
and now existing law, be competent,
reciting also the fact that in the
Florida case the Commission had de.
cided and determined that no evidence
would be received or considered which
had not been submitted before the two
Houses in joint convention by the
President of the Senate. The certificate
OF no one of the Hayes electors
contained no evidence whatever, while
certificates numbers . and 8, Tilden elec.
tors, did contain evidence fully and speci.
liCally showing that the latter had been
duly elected and appointed az electors
and therefore ordering that the decision
OF the Commissi0n, and the grounds
thereof be remanded and recommitted to
the Commission, with the request that
the same be SO corrected or explained and
that the Commission be further request.
ed, to furnish in detail, the true reasons
OF its decision 30 that the House may be
enlightened rs to the course that it ought
to pursue in tho discharge of its du-
tieS, and that in the meantime the vote
OF Hayes electors be not counted.
Mr.. Hale made the point OF order that
under the Electoral Commission law il
was the imperative duty Of the House, or
one of the two houses, to debate the vote
on the main question, which was whether
the votes should be counted in conform.
ity with their decision, and that nothing
in the shape Of delay, in whatever form
presented, could now arrest the wheels Of
its decision.
Mr.. Wilson, OF Iowa, added 10 Mr.,
Hale's point Of order that this House
refer nothing to the Commission that
would require at last concurrent action.
Mr.. Wood (of New York; declared
that any inLimation OF desire on the
part Of the Democratic side of the House
to interpose any factional opposition to
any decision Of the Electoral Commits.
sion was entirely unsupported by any.
thing that had taken place.
Mr.. Hale-Has anything been said this
morning TO indicate any charge Of that
kind?
Mr.. Wood-The gentleman has Just
spoken Of delay, and has intimated that
there is an intentional disposition on the
part OF the House 10 delay action. can
assure the gentleman that there is no
such intention. While we are ready in
good faith 10 carry out in all respects
the Electoral Commission law and the
result that may be reached in pursuance
OF it, still at the same time we demand
the right OF free expression OF opinion.
Mr.. Knott contested the point Of order
and thought that there was nothing in
the law which prevented the House with
the concurrence OF the Senate from re.
manding back 10 the Electoral Commits.
sion, for their further consideration,
the decision which 1t had made in the
Florida case, in order that it might have
All opportunity toexplain the gIaring in.
consistenCies which existed in that de.
cision.
Mr.. Banks said that under the pro.
visions Of the electoral act, the House
was compelled to give an affirmative or
negative vote upon each decision OF the
Commission. ltwould not be respectful
to the Commission to remand the decision
to il.
The Speaker overruled the point OF
order made by Mr.. Hale, but sustained
that made by Mr.. Wilson, holding that
there was nothing in the Electoral Com.
mission law that authorized the recon-.
initial Of the question back to the COM
mission, and also ruling that ii was not
competent for one house 10 refer II bill
or any other matter 10 an outside com.
mission. The substitute offered by Mr..
Knott was therefore not in order.
The House thereupon proceeded to the
discussion OF the objections to the decision
OF the Electoral Commission.
Mr.. McCrnry addressed the House in
support of the report Of the commission.
He held that the ruling OF the commits
sion was abundantly supported by the
most cogent reasons, and that TO have
ruled otherwise would have been to as.
sert Jurisdiction to inquire into and
overturn the action Of all the States in
the appointment Of electors, and to
institute proceedings in the nature
OF an action OF quo warranto,
to Try the title OF every one Of the per.
soma appointed as such. The bill OF 1900
drafted, reported and advocated by John
Marshall, afterwards Chief Justice OF the
United States, embodied the views OF that
great constitutional lawyer upon this
question. After providing for this grand
commission Il defined their Jurisdiction
In these words, "Rnd persons thus chosen
shall form the joint commission, and
shall have power to examine into all dis.
putes relative to the election OF President
and Vice President OF the United States,
other thon such as might relate 10 he number Of
votes IyWhieh electors may hare been appointed.
II judgment in an inferior court in
! Florlda rendered on the 9Th Of January