Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1877-01-22

or \ judicial power. H Hpolisical, the
political department alone must de.
eide it; If ludicisl7s court alone can
decide /. snd 4the appel mlA be
taken to another court and not tod
congress. The bill, in selecting
judges by circuits, chosen bocsuse of
political antecedcnts, instead Of by
names, sets nPsa harmless little sham
that dece,vcs nobody.
The constitution provides that the
president of the senate shall, in pres
lesce Of the two house open all certi-
6cates and the vote shall then be
counted, and il no Que candidate has
majority OF all the electors appoint
cd, the house shall Immediately pro-
oeed to elect. The. process eontem
plsted was q very simple one. sim.
ply open The certificates and count
the votes, but conte mplated no time
or place 20 try questions Of eligibility
whether the candidates or OF electors
were eligible, was a matter left with
tho states under the injunctions Of
the constitution the handing down
Of the certificates by the president Of
the senate was declaration Of the
vote contained in il. Very few re-
publicans respect this bill l. will be
raken BY republicans II taken at all,
AS dose ot castor oil Senator
isdmuuds bufned his ships behind
the bill, when lie denied the power Of
the presilep, Of he senate to. count
the votes. In the absence Of legisla-
lion, he thus seemed to make It ncces
ssry 10 accept this BILL
There is noapower III SO behiad the
returns, II the election Of an elector
IS certified bys the proper rel urping
-suvnssing officers of i state. The
/ courts canserdoi ", nor csss congress,
nor Yhesus 81 cpustss Electors are 10
bs ap pointed in such manner q The
legislatures of the states prescribed
and when the appointment has been
i certified IN the mant.ers prescribed
by he legislature ot the state, that is
haal ard binding on IN parties, and
this without rgatd 10 the ques,ion
| whether the votes arc to be counted
4 ny the president Of The senate or BY
| the two houses. For congress. or
the commission, to go behind the de.
tclsion sf the state returning officer,
| would utterly snsvert the states
rights III favor of congress, which
i would decide whom the states. had
elected.
4 Az well might i, decide on the election
of governors and state officers, Hs,dly
Ia democratic lawyer, six months aso
would have said either house could 6,
4 behind the returDs, aud perhaps not one
now would deny that proposition. Las
tyssrs bill did not. allow the consiaerinl
.af other certificates than thoss from th'
states. The bill OF eighteen bundre,
provided against going behind the 70
: turns. Conceding thst the houses ma
! count the vote, the deeper qnesticu arise
!. what papers the president of the Scnat
shall open in presence Of the two house
!, and hand to the tellers. The saqctors J
ttbsseyeral statea NJ toTsesl up the
votes and the Hats, made up BY the govs
nor, and enclose them TO the president
Z .hs senate, endorsing the nAm
'efof tho electors upoa the eutsit
a 81 the envelope be is .hns aoii6s
= NkC heseleoton. d st6ndsd elet
oil ton are, who havc voted and who
III votes are conta ined in the envelop
III IL 10 : certificate from the elector
l. and done other thau be d required
re opsoshbn iassae pr 1sneesof the II
m house1 He il moi In fact required
Of receive lhs Asfsi6cale 81 anybody, b
RS the elecst& Ufs ,he state Hcl
u ,bertirs sesuiseA ~ the dischari
in Of the d.s1 q bic oiioe, TO determi
.nd preseas irss certificates fron :
%sasss - ~ &; /. i 9fel