New-York tribune., 1878-05-25


especially as neither of these distinguished
gentlemen has ever been known to vary
hairs breadth from the strict line of the truth.
In the interest of the universal faith in the prob
ity of our public men, we suggest that the
next time Mr.. O'Brien and Mr.. Bixby suspect
the approach of TRIBUNE reporter, they .hud-
die up and compare memories.
While the Grand Jury has not presented in
dictments III court against the Board of Health
and the Board of Aldermen, there seems
to be no doubt, from the statements else
where made by member of the jury,
that such indictments have been found,
against the fiIst-named board by good ma
iority, against the second almost unanimously.
in taking this action with respect to the
Health Board, the Grand Jury has proved it.
self a faithful exponent of the popular wish.
There is no doubt and can be none,
in the minds Of uptown residents
concerning the character of the nui-
sances which the jury has already in
dicted, and just as little concerning the
responsibility of the Commissioners, and there
has been a general desire among our best citi-
zens to see this action taken. 1t is fair
to the people, because it gives them a
chance to press their accusations Ill a
practical way. Their object is to get
rid of murderous stenches, not to give
the Commissioners malodorous reputation.
IL is fair to the Board. because it can now
compel its accusers to prove their charges
under the laws of evidence OF be convicted OF
making unjust aspersiOns. And for the
energy and skill which have brought the move
ment to this point, Mr.. Musgrave deserves
the highest praIse.-The Indictment against
the Board of Aldermen has certainly been well
earned, whether it will be found possible to con-
Wet its members or not. The Aldermen have per-
sistently voted away the streets and sidewalks
to the great detriment OF business, i'll spite of
the protests of the Mayor and Commissioner
of Public Works and the warnings
of Recorder Hackett. Their answer to each
has been a howl of rOwdy defiance.
The law officers are evidently not dismayed by
the Aldermen's assertion that Legislators can
not be indicted for legislative acts, anu the
Aldermen Will have to stand trial.
Senator Edmunds has reported a bill from
the Senate Committee upon the Electoral
Count, which will be gratefully received as a
proof that some at least of our statesmen
have not forgotten this most important
question. 1t was expected that a readjust-
ment of the laws governing the count
would be the first duty to which the
new Congress would address itself, but Mr..
Hayes has been President more than a year.
and this is the first well-cOnsidered measure
that has been proposed. Mr. Edmunds's plan
recognizes the authority OF the State over its
electoral vote, which was asserted by the
Republicans in the XLIVth Congress, and
sustained by the Electoral Commission. State
tribunals are to decide all controversies re-
spectng the title of electors, and where any
such disputes are transferred to Congress,
that body is to ascertain. if it can, what the
lawful tribunal of the State Is, and adopt Its
decision. In order to afford ample time for
the determination of such questions, the time
of election is advanced one month, bringing
it early in October, and the time of the meet
ing of the Electoral Colleges is put off
one month, bringing it in January, thus
leaving a space of three months between
the two days. During this interval any
disputes which may arise are to be decided
by the lawful State tribunal, and its judg-
ment is to be " conclusive evidence OF the
"lawful title of the electors" When but one
return has been received from State. it is not
to be rejected except by the affirmative vote
of both houses of Congress, and when
there is a question whether the title
of the electors has been reviewed by
the proper tribunal, or where moro than one
return has been received and there
has been no determination of the
question within the State, only such
votes shall be counted as both houses, acting
separately, shall decide to count. The bill
has evidently been framed with the greatest