The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-01-31

Anu THIS, instead OF DelnR an OpJecuOn
to the bill, is strong argument In Its ia
vor. The courts, acting as courts, are the
sole tribunal for the authoritative construc-
ton of the constitution and for deermn-
ing, under it, what powers are giving TO
congress in connection with the election OF
a president from its inception down to the
final acts of counting the votes and an
nouncing the result. The committee who
drafted the bill, aS well as the congress
which enacted it into a law, evidently had
this idea in view, for they provided in the
sixth section that the law should not be
construed to impair or affect any existing
right to question, by a proper proceeding
in court, the right or title Of the person
who shall be declared to te elected, or who
shall claim TO be president or vice presi-
dent. We may say here, that we do not
believe that the courts now have, or that
congress, under the constitution, can con-
fer upon the courts, the power to Gust q
p esident de .tdct0 from his sest as such.
But If any such right or power exists, this
electoral bill does not, as, indeed, it could
not, interfere with it.
But after all, II is very material what
this tribunal defines the power of congress
to be, for upon that decision may depend
the result of the presidential contest 10
reference to this power, it IL evident that 8
great change has taken place in congres-
sional minds since the opening of the pres
ent session Of congrefs. Then it was
claimed, by republicans, that the certificate
# tic state executive was final and con-
tlu i've, tut INV tho republican senatorial
;cmmi le., on + orida affaire, contend that
'ongIcss n, Y" behind ministerial Ger
"tifcar, ct gov rnor," tecautc he has no
power 10 &c e anytLing Whether this
g an houe,. change of convictions, or mere
iy change of front for expediency's sake,
As was Morton's on tic power of the preai.
dent of tie enate to count the vote, and
orouy ht about by tn, action of the Oregon
governor IN accordance with Hewilts pre-.
iiction that "th,s will force congress to 60
behind the certificates" We vi not in.
quire-but if this vi W il taken, docs ii!
not open wide field If il q1li,
Passing by Florid d C ming to o e.
gon, the fret question " Ii b, hal II C 20
eTnor the right to refuse II ctriiacaie l.,
Watts on account of his al'e.e ineip hi
lty? If so-and we think it will BE- found
that under the laws of Oregon, as Inter
preted by the ttste supreme court, he had
such power--had he the right and power
to issue certificate of election to Cronin !?
In the absence of any statute law or de
cislon Of the state courts relative to the eff
feet of votes given for an ineligible candl-
date, who is to decide whether the Eng
lish or American precedents shall be taken
to be the common law of the stete-the
Governor or congress? IL Cronin was pro-
.ery given certificate, we're there vacan-
cies that he was authorized to fill and
mere wide door as to the facts is opened.
If Cronin was improperly given cer,f-
cate, was Watts legally chosen to fill his
| own vacancy? Do the laws of Oregon
provide the mode of appointing an cleo OF
where there has been failure to elect in
he first instance And, If 80, was the law
complied with
Passing to Louisiana. Was the return
ing board properly constituted? Were all
the vacancies filled, or was there no neces-
sly for filling them Was the law COM
piled wi h, which declares that no candi-
late for Office shall act as member of the
"eturnlng board, or does this provision OF
law only preclude them from acting
10 their own case? la csncassing the cleo.
oral vote, had they the right and power t.
eject the votes of precincts on account of
Intimidation? Was the vote fraudulently
canvassed or the returns fraudulently al.
tered 30 as to bring about or prevent given
resultT Was the law, relating to the lime
of making and returning official statements
and afl 1avits about intimidation complitd
WITH, or did the returning board, as two
years ago. misapprehend and exceed their
)owersa Were there any failures to elect
y reason Of ineligibillity; and, if SO, did the
law Of Louisiana provide for such casesf
These are but few of the many ques.
tions that can, and probably will, arise il
the tripartite commission once conclude.
to go behind the executive certificate. We
merely suggest them, without attempting
their answer, that our readers may sec
'omething of the work laid out for this tri.
bunal. Once embarked on this sea of in.
JURY, heaven only can tell when they will
ouch land.