National Republican., 1877-02-03
WHAT SHALL 1T BE i?
tConiinusd from First Psge.l

provisions Of tho Constitution relating to oiccs Of
profit or trust and the disqualihcations, referred
carefully examine this proposition, and, as his
hour had expired, he was not now able to 20 Into
the discussion Of tho question.
Mr.. McCrary's Argument.
Mr.. McCRARY said the claim this morning
that this Commission was a court that could 70
eiector was q startling one, for II the tribunal
Commission went into the inquiry, not upon tho
credentials presented, but to undertake to And
would be found that neither Congress nor the ri.
bunal could reach 0 result.
The ease.on the other side rested on the argu.
the polls, and 10 ascertain who had been elected,
the Commission must determine who the people
sss SsS cns 81 'i s s'Hs pss Sss
mode Of considering and determining who was
elected. and third step was the lssa,ng q the
he hs 'sS ssSva sas ,a. tss sss psf &c
powers Of the Board OF CanvassersY Was Il the
law In force when they were appointed, or upon .
law passed AFTER they had met and performed
The electors had met, performed their duties
and adjourned. Now 1t was claimed that the
back for nearly 4sS two months. p This, he MAIN main.
tained, was not the law. Quo vdrranfo proceed.
ns mot vt IA sis S ho aSs #
cited several authorities to show that the courts
cases case where tho term Of office would expire before
judgment could bo rendered. In this Florida
hs tSs
whom the proceedings were directed were no
IN NJ. MeCRARY then proceeded to argue that
the action Of the Circuit Court in Florida Was void
illegal and unconstitutional. He concurred with
bis colleague, Mr.. KAssos, that tho Constitu-
vote the narrowest ministerial duty, of simply
enumeratiug the votes sreturned-simply to count,
u thsn
he would not undertake to say what would be the
effect Of a decision OF the question, one way by
this tribunal and another way by the Supreme
Touching tho alleged disqualification OF one Of
the electors BY having been shipping commits
sloner, he said he had been Informed that II tho
tribunal went into that question II would be found
that he had resigned that office before the ooc-
tion.
Mr.. Kasson to Mr.. Thurman.
Mr.. MoCRARY Welded few moments Of his
timo to permit Mr.. KAssos to reply to Mr.. THUR
MAN He said that he thought Congress might,
cp potIsa but i eoaiS
not Interfere with the discharge Of the legisla-
tive or ministerial duties.
posed to submit evidence before proceeding to tho
arguments. or to make their arguments nrst.
Mr.. FIELD said they proposed to submit some
MI EDMUNDs, interruptlng, asked II Mr..
FIELD appeared as obiector or counsel.
Mr.. FIELD replied; As objector.
Mr.. EDMUNDS said II was his opinion rs an
Individual member OF the commission that the
he ss
by Mr.. O'CosoR to say that he preferred to
submit the evidence, and that up TO this time no
submitted.
Justice MILLER said that he did not under
stand that any evidence had been offered: He
prepare n synopsis OF the evidence.
Mr.. EVARTS said that side proposed 10 SUBJ
nit no evidence unless the commission decided to
receive evidence. IT, for instance, II was pro-
posed to 20 into the question whether Hum
phrcys was disqualified, they would desire the
opportunity TO show that he had resigned the
Office OF shipping commissioner.
Mr.. THURMAN said he would suggest for the
convenience Of counsel, and to save the time that
would be spent In objections, II tho counsel
agreed on facts about which there could bo no
The commission then. at 6:lo o'clock p. M, ad.
journed until 1880 o.. m.