Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1877-02-08

state. 1t was intended to protect the
several states against the illcgitimat e
use Of federal power ia any one g,ate
Time had not shown that evils from
from federal interference were any
less than our forefathcrs had appre.
hended. In 1897 6vo post masters
were among the electors, and Clay
introduced resolution directing the
joint committee to inquire into this
infringement Of the constitution. 1t
was then held the duty OF congress to
take testimony and inquire into the
facts. The committee did not find
time Is ascertain whether parties oi
the same name were the same indi-
vidusls, and ~ their votes would not
change the reault, the inquiry WAS no.
carried out, but IT that time the idea
was entertained, although the com.
mittce did not so think, that : single
disqualified elector vitated the whole
electoral vote.
Judge Hoadley q uo,td the English au.
thorities to show that in the event of the
election Of an Ineligible individual, the
election Was VOID. There was no Ameri.
can precedent to the contrary, although
there had been wide range as 10 the effect
OF such failure to elec, upon other candi.
dates. In Pennsylvan!a, case where q
candidate was disqualified. the election
went back to the people. In Indiana, cases
exist where the next highest candidate had
been elected, and In other cases the party
had been unseatcd without seating his op-
ponent
Acts. Of congress indicated disposition
to furnish remedy where disqualified cleo
tors had been chosen, as when 1t was pro-
vided the state might select an elcctor
when one disqualified had been chosen.
The state having failed TO take advantage
Of the 134lh section Of the revised statutes,
having failed TO remedy the non. election,
there was q vacancy, and one vote was
claimed Lost TO the stale. He referred to
the decision Of the judges in the late
Rhode Island case, 10 the eff ct that the
ineligibility of enc Of the candidates,
worked . vacancy which could be
filled by the legislature, and argsed
that had the Office not been filed,
there would have vacancy existed.
Florida like Rhode Island had An
ample opportunity to correct IN error
and fill the vacancy had she ch osen 10
avail herself OF it.
Green cal ed tho attention Of the commia:
sion to the claims that the letter Of Humph-
reys 10 Judge Wood and the reply of the
same, were not acts Of the court. and that
the certificate Of the clerk sr tho circuit
court Of Florida. Read this morning,
showed that the resignation had not been
made q matter OF record ln the Office Of the
court. de discusscd the case under the
hrss part Of the order Of the court 70 con-
sider only papers contained in tho package
opposed bv the president Of the senate,
He argued that the formal ch.rac-
ter Of certificate No. two entitled HIM
to the same consideration by the CON-
mission and contended that the sta
tutes and action Of the courts Of the
state were matters the mission
should enquire into. To establish the
illegality Of certificates No. l, the
oommission had before them 10 the
3rd certificate Of the governor but .
tabulAtsd statement Of tho precise
n,Imbcr Of the votes cast in each
county in the state for different can
Aidates. This certificate had the
authority Of tho executive, judiciary
and legislative, al speaking in !
ananimous and united voice upon the
question whicL 10 TO be decided by
this tribunal.