The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-01-18
From our Regular correspondent.]

From our Regular Correspondent
WASHINGTON, January 1910 4. NJ
The committees Of seven OF the two
houses on the electoral count reached an
agreement to-day, and will report the same
to both houses tomorrow. .. 2..%a'.
twill be presented in the form OF a bill,
three points OF which are as follows:
First. The president OF the Senate is ac-
corded no power except the purely clerical
one Of opening the envelopes and an
nouncing the result after it shall be handed
TO him. - ,,.,., ST slH +:
Second. All disputed cases shall be re-
ferred to tribunal which shall consist Of
five members Of the Senate, to be appointed
by the president Of the Senate; five MEM
bers Of the House, to be appointed by the
Speaker of the House; and five justices OF
the Supreme Court, four Of whom shall be
the four longest in service, and the. fifth
shall be selected by them.
Third. The vote OF. any State may be
thrown out by the concurrent vote Of the
two houses, even though the tribunal may
have reported in favor Of counting it in.
From this it will be seen that the committee
have embodied the grand-committee fea-
ture of the bill OF the year 1900, and have
agreed that the judiciary branch Of the
Government shall be called in to assist in
adjudcating on disputed points, while the
right is reserved to Congress to still pass
upon the validity Of vote.
The two committees have come to the
proposition on which they have agreed by
slow process from the start. Mr.. Morton
has displayed lack OF inclination to agree
to anything which betokened no good.
Even now he alone OF all the members OF
the two committees has not yet agreed to
sign the report, though it is hoped that he
will TOMORROW, through disincltnation to
be beaten if for no other reason.
While Jack Logan was on the committee
he showed APPROXIMATION to go with DIOR
ton against agreement, and in favor Of con-
fusion. His departure, and the addition OF
Conkling, was great gain. Conkling has
shown realizing sense Of tie gravity Of
the situation from the start, and has carried
Frelin ghuysen with him, albeit the latter
has acquiesced only half-heartedly
The action OF the Republican mem
bers Of the house committee il
praised by the Democrats, who say, tina
Mr.. Hoar especially has shown spirit O.
fairness most commendabie. The main fea
lures OF the proposition which has beer
finally agreed to were first suggested by tn
House, although, as Hewitt expresses it, thu
final result has been reached by process O
devastating between the committees. Bay
ard and most Of the Democrats desired tina
the fifth justice should be chosen by lot
that is, that the names ofthe six justices long
est in service should be placed in hat
from which one should be drawn by, chance
and that one should retire. Mr.. Morton
was strenuously opposed to this plan, ant
so the House to-day sent over the proposi
ton which has been agreed to, and every
body but Morton agreed to it.
! ! The members of the committee are gen
orally confident that the bill will be passed
by both houses. Bayard and Hewitt ar
particularly sanguine. They say that i
leaves it absolutely uncertain which mai
will be declared to have been elected, Of
whether either candidate has received
majority of the electors appointed, ant
that any bill which did not leave these point
uncertain could not be agreed on. 1t doe
not at all touch the right Of the House II
elect President in case neither candidate
proves to have received majority, ant
comedies to Congress the right to pas
finally upon all returns and to reject then
upon concurrent vote.
In the discussion incidental to this last
named point it came out that John Mar
shall, before he was Chief Justice, Martir
Van Buren,, and Daniel Webster respect.
lively Federalist, Democrat, and a Wing
had all supported the principle that an cleo
toral vote could not he thrown out without
the concurrent action Of the two houses
The bill, which will be reported tomorrow
treats the two houses as exactly coequal in
power, or rather treats their power as {
dual power, which they hold conformity:
and. cannot exercise Individually. 1t il
certain, however, that the bill will meet
with very strong opposition from members
of both parties. Proctor Knott and some
other prominent Democrats are: strongly
opposed to any tribunal which recognizes
the right OF anybody but the Congress to
settle the whole question. The extreme
Republicans, on the other hand, will object
to it fort the same reason that a trickster OBJ
iects to playing with any but marked cards,
because they do not wish to play anything
but a. sure game. GE -
. The result of the outcome of the delibe-
rations OF the committee is accepted as o
victory OF the more modified men OF both
parties over, the extremists. There are, in
deed, few who like it. 1t places the judicial
ermine in 8 position which is bound to meet
the, assaults ofiwhich ever. party may be dis:
appointed. There are Democrats, and ex
IRENE ones, who find very great comfort in
the abandonment OF the. position that the
president OF the Senate has the vested right
to count the, vote and deIare the result.
This is q concession which men Of the stamp
OF Morton, Garfield, and Hale don't like
e The best feature Of the plan is that they
don't like II, Grant don't like it, nor does the
Administration organ, The bill seems to
have been agreed upon not because it has
satisfactory features, but because 1t is about
the only plan the committees could unite