The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-09
THE PRESENT OUTLOOK.

Light begins to break through the dark |
cloud which has so long enveloped the re-
suit of the presidential election. 1t is true |
that the rift is small land the light but glim-
mer-but the Indication, such as it is, Is ia |
vorable to the election of Governor Hayes.
The case, however, is not yet entirely free |
from complications. Other questions are |
te be decided before the matter is wholly |
out Of the woods. The electoral commits |
sion has decided by a vote of eight to seven
"a strict party vote, three republican
judges, three republican senators, and two
republican representatives voting against
the seven democrats on the commission,
two senators, two judges and three repre-
sentatives-that it will not receive or con-
slider any evidence other than that which
was submitted to the two houses in con-
vention with the certificates by the pres-
dent of the senate; and by similar vote,
except that Mr.. Justice Bradley voted with
the democrats, that it would receive evil
dence relative to the eligibility of F. G.
humphreys, one OF the electors.
This decision precludes the commission
from hearing any oral testimony, or from
receiving any evidence otherwise taken ex-
cept such as accompanied one of the three
certificates presented to congress and by it
referred to the commission. 1t, however,
brings before the commission the proceed
ings on the quo cGrranto, the canvass
made by direction of the legislature, and
the statement of the vote as made under
this canvass. 1t, of course, presents for
their consideration and decision the effect
of the judgment on the quo oaTvanto; the
question whether the determination of the
court can date back and take effect as of
December 9, or whether the vote of the
Hayes electors on that Cate was 80 far
tunctus cticio as to make all subsequent
counts oridecisions of the courts invalid
and of no effect; and, also, authorizes it, If
1t thinks proper, to canvass the vote as re-
turned with this last certificate. A limited
field of inquiry is here opened, and one
which is involved in more or less doubt;
but, Judging from the vote upon the ques-
ton of the admission of testimony, it is
perhaps probable that all of these points
will be decided in favor Of the Hayes cleo.
tors.
The decision relative to the reception OF
testimony as to the eligibility of Hum
phrey is not, we take it, of much impor-
lance 30 far as the Florida vote is concern
ed. Contrary to the first statement, il
would appear that, both in law and in fact,
Humphrey ceased to be federal Office hold
er prior to the November election. The
decision is important, however, in that II
is determination of the commission that
the right and power exists in congress to
20 behind the certificates and returns far
enough to inquire into the eligibility OF
persons claiming to act as electors and, II
they should be found to be ineligible, to re-
iect their votes.
Unfortunately, however, no matter how
good law this may be-and whether 1t is
good law or not, 1t ought to bet is de-
prived of all force from the fact that 1t was
determined by bare majority of one, the
republicans and democrats, with the excep-
ton of single judge, dividing on a strict
party line, and two judges of the supreme
court expressing themselves against tho ex-
lstence Of such power. 1t will, therefore,
be of force only in cases of ineligible cleo