Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-04-17
GUSHING HAYES.
Tho Full Text Of tho Bill to Determine
the Presidential Title.

Aho EoA Text Of the Bill to Oet0rmtpo
the Presidential Title.
WASHINGTON, April Is. The following is
the full text of the bill introduced to-day by
Representative Kimmel, Of Maryland, to
provide for trying and determining by the
supreme conrt of the United States, the title
of the President and Vice President Of the
United States to their respective Offices, when
their election to such Offices is denied by one
or more States Of the Union. The bill was
referred to the committee on judiciary.
Be 1t enacted, ETC., That an action in the
nature of quo aoarranto may be brought and
prosecuted in the supreme court of the Uni
ted States, to try and determine the title Of
any person holding and exercising the Office
OF President or Vice President of the United
States, when his election to such office is
denied by one or more States of the Union;
and also to try and determine the title of
any person holding and exercising the office
Of President or Vice President of the United
States, when his election to such office Is
denied by one or more States of the Union,
and, also, to try and determine the title of
any claimant to such Office whose election
thereto is claimed by such State or States,
and such action shall be conducted as here
after in this act is provided.
Section 2. Such action shall be brought
in the name of the State denying the election
OF the person holding the Office of President
or Vice President, as the case may be, and
shall be commenced by complaint signed by
the governor or attorney general OF the State,
and shall set forth the name of the person
whose title is denied, and the State of which
he is citizen, the time he entered upon his
Office, the number of electoral votes cast at
the election at which he claims to have been
elected, the number of such votes counted
and declared for him, and the number counted
and declared for the claimant or any other
person or persons; and if due appointment
of any elector whose votes were thus counted
and declared is denied, the grounds of such
denial shall be stated, and if the due APP
pointment of any other persons than those
whose votes were received and counted
is alleged, the names of such
persons shall be stated with the grounds
upon which their due appointment is claim
| ed, and If such person or persons have cast
their votes as electors, and transmitted a
certificate of them to the proper officers Of
the Senate, that fact shall also be stated.
And said complaint may set forth briefly
any other matters impeaching the validity of
any electoral votes counted for defendant, or
showing that votes not counted, should have
been received and counted for claimant, and
the complaint shall aIlege that the claimant
was duly elected, aud is entitled to the of
fee. The complaint shall conclude with a
prayer that the title of defendant be inyssti-
gated and be declared invalid, and that be
be excluded from the Office, and that the
title of claimant be investigated and declared
valid, and that he be placed III possession of
the Office.
Sec. 8. On filing a complaint with the
clerk of the court, if in session, or if not in
session, with any one of the justices thereof,
he shall direct summons to issue to de-
PENDANT, and be served upon him by the
marshal, together with certified copy OF
the complaint. The summons shall require
the defendant to appear and answer the COM
plant within the time fixed by the court, OF
justice, not exceeding forty days after ser
vice of summons upon the claimant, and he
shall thereupon be entitled to appear in per-
son, or by counsel, in the prosecution Of the
action in connection with the State.
Sec. 4. The defendant may answer the
complaint by asserting his own title or deny
ing the title of the claimant, or both. If he
prescribed, the case shall proceed as upon 6
general denial of complaint. The issue
thus made shall te tried by the court unless
the court shall determine that the parties are
entitled to have jury. If in the opinion OF
the court q jury be required, and it be not
waived by the parties, it shall consist Of
twelve persons, selected as follows: The
names of the chief justices or presiding jus
tees of the highest courts of the severa
States shall be placed in q box, from which
twenty-four names shall be drawn by The
clerk in the presence of the court, or CHIEF
justice, and twenty-four of those
names who shall be thus drawn
shall be summoned to Washing
ton, and from those attending twelve
shall be taken by lot to serve on the jury
They sha be required to state under oath
that they can pass on the question of fac
submitted to them without undue bias, an6
no other qualifications shall be required o.
them.
Sec. 8. If the supreme court be in ses
sion at the time the issue is formed, as men
toned in the previous section, it shall desig
nate day upon which the trial sha!
commence, not later than two weeks from
that time, except by consent OF the parties
or further time be required to summon
jurors; and from the commencement of tn,
trial until its close, all other business of tn,
not in session when the issue is Joined, i
shall be the duty of the chief justice to cal
a session of the court for trial of the case
to commence within thirty days thereafter
and at such called session shall have all au
: thority and jurisdiction necessary to tn
trial Of the title of the defendant and claim
: ant, and the enforcement of its judgmen
thereon.
Sec. 6.-The clerk shall issue subpoena
upon the request of either of the parties TO
witnesses to attend before the court an,
testify with or without papers, and they ma
be served in any part of the United State
by the marshal of the district, within whic
the witness may be, or by any deputy of his
,, or by any person appointed by the marsha
! of the supreme court. On the trial copie
of the certificates issued to the persons a
: electors, those received and those rejected
and of the votes cast by them shall he ad
mitted in evidence from the Cougressiona
: record in which it is printed, with like effec
, as original and certified copies of papers be
: fore the canvassing or returning hoard o
, any State, the action OF which board
J brought in question under the issues in tn
cases, shall be received in evidence with lk
effect as the original.
Sec. THE investigation of the cour
shall be limited to the validity of the actio,
at the canvassing or returning board of an
State by whose determination the appoint
ment of electors was declared to hav
been instrumental in receiving, rejecting an,
counting votes returned to them, and to tn
competency or eligibility of any person de
clared to have been appointed an elector, Q
appointed to fill asupposed vacancy in tn
electoral college to act as such elector, an
in such Investigations the court shall receiy