The daily gazette., 1878-04-04
THIRD EDITION.
FROs1 WASHINGTON.
MIR. Blair and President Hayes
MIR. Blair Still HOpcftsi-OP-

iniOn OF q frOmA1mcmb SemotOF'
WASHINGTON, April 2.-Judge Blair
was at the capitol again to-day in con-
sultation with mem oers OF Congress and
Others, He stated this afternoon TO tho
writer that everything was moving along
lust as he wished. He SAID that he had
conversed among Others with Mr.. A 8.
Hewitt. and that Mr.. Hewitt favored the
movement. The subject continued TO De
discussed in congressional circles to-day,
and the democrats generally inclined TO
the view that IL would not be possihie TO
pass any bill, and among those who ex-
pressed this opinion were Senators Bay
ard, Herman and Thurman. Mr.. Blair Il,
however, states that he attaches but lit
tie importance to what is said at this
lime, and that he is satisfied most of the
gentlemen who now psoh-pooh his move-
ment will soon be among It's most earnest
supporters.
THE Law OF THE CASE.
A prominent democratic equator said
to day that 1t looked like Mr.. Blair found
more sympathy with republicans in Con-
gress than among democrats. Hayes is
an element of weakness i'll the republi-
can party. They can neither coax nor
drive Linn, and he won't go to the demo-
Gratis. his own declarations have cut
him off from a second term, and he can
be as independent as a journeyman
woodsawyer, with no hope of future re-
ward. He is sore spot to the republi-
cans and keeps them in anarchy. while
he Is at the same time OF more use TO the
democrats than democrat could be III
democrat were in his place the repubi-
cans could have a chance to consolidate
opposition; as it is Mr.. Hayes divides his
own party, and all the democrats have
to do is TO keep their heads level and
their hands from dangerous things. The
Blair resolution, as it comes from the
Maryland Legislature, amounts 10 moth
lug. 1t simply directs the attorney gen.
eral of the State to institute proceedings
when Congress passes an act, and even
then 1T will be the Attorney General oi
the United States who would be natural
ly the prosecutor, and not the legal ad
wiser of the State of Maryland. Some
surprise is manifested that the resolution
was suffered TO 60 through the Legisla
ture OF Maryland without the protest OF
MIR. GwlDn, whose ability is well-known
and who must have known the absurdity
OF The proposition. The Supreme Court
has ne original Jurisdiction, and cannot
grant the writ of quo Uarrdnto for any
purpose but to displace the holder of al
othce. Mr.. Blair contemplates putting
out Hayes and putting in Tllden, and
lnandamns would have to go side by side
with quo DdrrdHto.
A parallel case is referred to IN Conk
hng's Practice, page 10, in which the
jurisdiction of the United States Supreme
Court is determined. The is the case o
Marbury, who was appointed a justice oi
the peace by the President agai list the
Secretary of State, Mr.. Madison, who
withheld the commission.
Now there is way III which the objec
could he reached through the Suprem,
Court, If 1t were were aeslr I'd, and tha
Is to originate the case in the Supreme
Court of the District of Columbia anc
appeal TO the United States Suprem,
court Within time to be specified In th,
tie act of Congress. But the bill which
has been prepared in furtherauce of MI
Blair's end is an absurdity, if c1rrectl.
represented. 1t p' ovides for jury ii
the Supreme Court