New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-10-12
THE YEw house or REPRESENTATIVES.

THE NEW HOUSE or REPRESENTAUVE
The Clerk of the House of Representatives,
at Washington, has determined to keep his
roll secret until 1t is called next Monday. Al
though required by law to prepare, as early as
last April, payroll to contain the names OF
those persons "whose credentials in due form
"of law have been duly filed with him." he
has avoided, until this hour. the determination
of certain questions arising under this proyi-
sion. In the meantin e, several gentlemen who
are duly commissioned by the proper authority
of their States re main unrecognized as MEM
bers-eect of the House, and are uncertain
what is to be their status Oh the
day of meeting. We have no comment to
make on this course of action, except that it
lends color to the theory that there is to be
an attempt to "pack" the House with persons
who are not elected to it, or to compel those
who were elected to endure the delay OF an
issue in the House ITSELF to secure their
prima facie rights. All familiar with egisla
tive proceedings know the readiness with
which obstruction il interpOscd to the ascer-
tainment of such right and any official who,
by perversion of power OF neglect of duty, con-
tainment of such right; and any official who,
bv peryersOn OF power or neglect Of duty, con-
hives at such injustice deserves the censure of
the country.
The public are, however, permitted to
know that the Democratic majority will not
be less than twelve. Comparing this statement
with other known facts it foreshGdOws pur-
pose to enroll Messrs. Elan and Robertson in
the WITH and With Districts of Louisiana.
This would make the Democratic majority
fourteen, to be reduced by the addition of the
two Republicans from the WITH California
and lid Missouri Districts, leaving an ac-
knowledged majority of twelve, with FIN
ley of the IId District Of Florida
still hanging between heaven and earth
Mr.. Finleys case presents peculiar
complication, as the recount in Florida, made
in accordance with the opinion of the Supreme
Court, elected Disbcc, Republican, by eighteen
majority. It's to be presumed, however, that the
new Governor of Florida has found some plan
for disregardmg both these official counts, and
some ground for declaring Finley elected.
AS Il matter Of fact, the two members from
Florida and the two members alluded to from
Louisiana, should none of them be enrolled
by the clerk, for each of the cOntesting par
tics has a certificate from the apparent exccu-
tive authority of the State; and each is upon its
face perfect. The clerk has no judicial power,
nor has he at command any of the machinery
necessary for judicial examination. He il
bound by the rectals of the papers. If no
cannot harmonic them, he is not at liberty to
choose between them, but is bound to leave
the question OF the right TO the seat to the
votes of the uncOntested members of the
House. In law, those claimants have no right
a, IL Of. olyar
of them has a clear prima facie title to seat.
1t is possible, however, that an unauthorized
and usurping act of the clerk of the House,
sustained by party spirit, may enforce the ac-
ceptance of their votes If so. it will be de-
liberale disregard of law and precedent.
1t has not yet transpired what the clerk pro-
poses to do i'll the Colorado case. A gentle
man who permits himself TO evade plain re-
quirements of the law in one case, may be
induced TO do il in another, and his supposed
action as to Louisiana and Florida, bad rs it
is, may DO considered fitting prelude to the
outrage foreshadowed III the case OF Colorado.
The relations of Colorado TO the Democratic
party have been peculiar. year ago Mr..
James b. Bedford presented himself to be
qualified rs member of the XLlVth
Congress, having with him the credentials
of the Governor of the State, Ill due
FORM certifying to the well-knOwn fact
of his election. The House, instead of
recognizing the paper, sent it TO the
Committee on Elections. where it remained
for probably two months. The commit
tee then reported that Mr.. Belford WAS
elected, and entitled to seat, ana the report
was unanimously adopted. In the meantime,
legislation had proceeded, and the ri"bt of his