Daily Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1876-1884, 1878-06-04
A REMARKABLE ADMISSION.
Mr.. Eydris Explains to Pitt Kellogg How Mr.
Hayes can be Put Out.
From the Washington Tost.)

"None of your people have yet
struck the real point-the big
thing-in this case" remarked
Senator William Pitt Kellogg to
an attache of the Post yesterday.
Mr.. Kellogg had just finished his
breakfast at the Riggs, and was
consequently in q bubbling good
humor. Sand yet" he continued,
"the point to which 1 refer is as
plain as the point of this toothpick
| hold in my hand, and good deal
bigger"
"What is it, Mr.. Kellogg?"
"Why, simply this: Upon the
basis of Mr.. Evarts's instructions
TO the Commission which Mr..
Hayes sent to Louisiana to dis
possess Packard and set up Nichols
as Governor, Congress can GUST Mr..
Hayes at any time by mere Joint
or concurrent resolution, whenever
a majority of each House can be
brought to vote that way"
"What is the analogy between
the two cases?"
"If you will get copy of Mr..
Evarts's instructions you will see
that he sets up the theory that
whenever the executive succession
of State is disputed-that is to
say, when there are two claimants
of the Gubernatorial office, one or
the other of whom is known to be
elected by the people-the dispute
may be settled by the legislative
body of the State, provided its legal
status is unguestioned.u
The following ia the clause to
which Senator Kellogg refers. 1t
bears date of April 2, 1877, and is
addressed by Secretary Evarts to
Messrs. Lawrence, Hawley, Har-
Ian, Brown and MacVeagh:1
"The President desires that you should
devote your first and principal attention
to the removal of the obstacles TO an flc-
acknowledgement of one government, for
the purpose of an exercise of authority
within the State and representation OF
the state in its relations to the General
Government under section 4 of article 4
Of the Constitution OF the United States.
leaving, II necessary, to judicial or of Ter
constitutional arbitrament within the
state the question Of ultimate right, II
these obstacles should prove insupera-
BILE, from whatever reason, and the hope
OF single government in all Its depart
ments be disappointed. it should be your
next endeavor to accomplish the recog-
milton OF a single Legislature as a deposit
tary of the representative will OF the peo.
Pile of Louisiana. This great department
OF government rescued from dispute. the
rest of the problem could gradually be
worked out by the prevalent authority.
which the legislative power, when un.
disputed, is quite competent to exert in
composing conflicts in the coordinate
branches OF the Government"
us that opinion good law?n
II am not talking about that, I
simply said that it is the opinion of
Mr.. Evarts, delivered in his official
capacity of Secretary of State, for
the guidance of body appointed
by Mr.. Hayes, in his capacity of
President, to adjust disputed Cub.
ernatorial succession in O State of
this Union. Now then, you will
agree with me that an Admins
tration ought to be bound by its
own constructions of law, Will you
not?n
sit would seem sou
"And you will also agree with
me, that what a Federal Cabinet
officer considers law applicable to
a State ought, under tho same or
cognate circumstances, to be appli.
cable to the Union as o whole, in
view of the fact that the organic
powers and duties of legislative
bodies are the same in all cases.
That is to say, if Legislature of
being itself unquestion.
ably de jure, may determine dis.
pute between two Gubernatorial
claimants, absolutely and by SIM
Pile legislative act, then certainly a
Congress of the United States, If it
is unquestioEably de jure, may in
The same manner determine q dis
pute between two Presidential
or between de facto in.
incumbent and de jure claim
ant, or any way you choose to
phrase it.n
"Does the Administration, or
any member of it, apprehehend the
possible application of its own doc.
.rine to ITSELF"
ooh, yes; Evarts fully under
stands the kicking powers of the
egal gun he aimed at Packard. l
alked with him about it, and
pointed out that possibility as dis
inctly as 1 have pointed it out to
you. But he said no such thing
would ever be attempted"
"What do you suppose he based
hat assurance upon?n
ri suppose he based it upon his
aith in the fealty of certain Dem
,cratic Senators to Hayes in case
10Th Houses of the next Congress
hould happen to be Democratic.
But the tremendous anxiety of the
Administration to return q Rspub-
lean majority to the next House
would seem to indicate that they |
would rather not be compelled to
tut their trust in the Democratic