The Portland daily press., 1878-06-15

The Senate resumed the consideration of the bill
to appoint railroad commissioners.
Mr.. Hill submitted an amendment to reduce the
compensation of the Commissioners to 1925 each per
month. Accepted by Thurman and agreed to. Bill
Senate went into executive session and later ad.
journed.
HOUSE.
Debate sprung up on motion to take up the post
route bill for the purpose of nonconcurring in the
Senate amendments.
After debate resolution to non concur was adopted
and bill sent back to the Senate.
Messrs. Reagan, Kenna and Dunnell were ap-
pointed conferees on the river and harbor bill.
Conferees the Legislative appropriation bill re-
ported failure to agree disagreement being on the
claim of the Senate to fix compensation OF its own
empoyes, the rates being considerably higher than
those of the House,
House insisted on its Inconvenience in Legisla-
tive appropriation bill and reappolnted Messrs. At
kins Durham and Foster as conferees.
The Senate amendments to the bill making ap-
preparation for the payment of awards OF the South
ern claims commission was concurred in.
Mr.. Buchard moved to suspend the rules and
adopt the following preamble and resolution:
Whereas, at the joint meeting OF the Two Houses
of the 44th Congress pursuant to law and the con-
stitution for the purpose of ascertaping and count
ing the votes for President and Vice PRESIDENT for
the term commencing March 4th, 1871, on counting
the votes Rutherford b. Hayes was declared elected
President and william A. Wheeler was declared
elected Vice President for such term. therefore
Resolped That no subsequent Congress and neith-
er House has jurisdiction 10 the action at such
joint meeting. and any attempt by either House to
annul or disregard such action or the title to office
arising there from would be revolutionary and is dis
approved by this House.
Various suggestions were made such as to vote for
the resolution without the preamble, to strike out
the word Revolutionary" to refer tosa committee,
&C., but the Speaker ruled that the motion to
suspend the rules shut out all other motions.
Question being put to viva 0oce vote there were
but few voices in the negative, but Mr. Mills said it
was . question on which there should be record by
nd nov md fora an nd l fha
nays
While the vote was progressing there was great
excitement on the Democratic side of the House
and the members on that side gathered together in
whispered consultation to give rise the sug
geston on the Republican side that there should be
a recess to allow Democratic caucus. Vote was
finally annouced, yeas 215 nays 81.
The last vote that of Mr.. Springer of Illinois,
who voted nay. Finley had voted nay but at the
last moment changed to yea (amid much laughter.
Mr. Springer wanted to delay the announcement till
the chairman OF the investigating committee (Potter)
should come into the hall and vote, but there was no
parliamentary rule for such delay.
Messrs. Hunton, Morrison and Stenger Democratic
members of the Potter committee voled aye, and all
the Republican members of it except Mr.. Butler who
was not present. The only two members who voted
nay were Messrs. Blackburn and Springer.
The negative votes were given by Messrs. Black
Henry, Hewitt Of New York. Mavbem, Htsn hsds,
Prdemore Robertson of Louisiana Smith Of Georgia.
Springer, Southard and Warren.
As soon as the vote was announced Mr.. Hartridge
Judiciary committee. He promised the report by
saying he intended to have made the report this
morning, but as the chairman Of the committee
(KnotD was detained in bed by sickness and as he
had asked him to put off the report till tomorrow so
that he KnotQ might make dissenting report for
himself, he had yielded that as matter of courtesy
but as this matter had been brought before lie
House he desired to make the report now. Report
was read as follows:
The committee on judiciary to whom were referred
the House bill No and resolutions of the egislature
of Maryland, directing judicial proceedings to give
effect to the electoral vote of that State in the last
election of President and Vice President of the
United States reported back said bill resolutions
with recommendation that the bill do not pass.
Your committee are of the opinion that Congress
has no power under the constitution to confer Hpon
the Supreme Court the original jurisdiction sought
for it by this bill The only clause of the consttu-
tion which could possibly be invoked to enable Con-
gress to provide legal ichineIy for the litigation
proposed in that what gives the Supreme Court orig
inal jurisdiction IN 'cases' Controversies" be-
tween state and citizen of another state. The
committee are OF the opinion that this expression,
"'cases'' and controversies, was not intended by
the trainers of the constitution to embrace an original
proceeding by state in the Supreme Court Of the
United States to GUST any incumbent from political
office filled by the declaration of Congress clothed
with the constitutional power to count the electoral
votes and decide final tribunal upon the election
of President and Vice President. >
The committee hen refer to the action Of the 44h
Congress In the Electoral Commission and is of the
opinion that the present Congress has no power to
undo the work Of its predecessor in counting the
electoral vote.
Your committee can find no warrant of authoritv
to summon the Chief Justices of the Supreme Courts
OF the United States TO sit at Washington as jury
TO try any case however grave and weighty NAV be
its nature. The right to summon must carry with it
the power to enforce obedience to the mandate and
the committee can see no means by which the judi
cial officers OF state can be compelled to assume
the functions of jurors in the Supreme Court of the
United States. There are other objections to the
practical working of the bill under consideration tn
which do not think iJ necessary to refer IL NAV
be true that Mary has BEEN in the late election
for President and Vice President, deprived of her
inc Al
chosen, by reason of frauds perpetrated by returning
boards in some Of the states. 1t NAV also be true
that these fraudulent acts were committed encour-
aged or PARTICIPATED IN by some who now enjoy high
offices as the fruit OF such frauds. 1t is due 10 the
present of the people of this country to
their posterity and to the principles on which our
government founded that al evidence tending IN
establish the fact of such fraudulent practice should
DC calmly carefully and vigorously examined but
quence of such examination if it discloses pnlt
the part OF any in high official position, should not
Congress as to the election of President and We
fresident, but should be confined to punishment Inv
to- the ana means Of the Offenders and
their guilt, so that the American people may Be pr
tected from a recu renee of the crime Your COM
mittee therefore recommend the adoption of the
accompanying resolution:
RSoiced, That the two houses of the 44th Congress-
having counted the votes cast for President and
Vice President of the United States, and having de-
clared Rutherford B. Hayes and William A. Wheeler
duly elected President and Vice President there is
ito PoWOt III any subsequent congress TO revise that
declaration nor can any such power be exercised by
the courts OF the United States OF any other tribunal
tnatiC0ngress can create under the constitution.
Inc Republican members of the committee, FRYE
Conger and Lapham. add the following:
we agree TO the foregoing report as it states
the reasons for the resolution adopted by the commits
tee, but dissent from the concluding portion as NOT
pertinent to the inquiry before and as giving an
implied sanction to the proprety of the pending in
vestigation ordered by majoity vote of the H0use
which we were and are opposed to
Mr.. Hartridge asked consent that the chairman of
the mttee(Knot0might make his dissenting re-
port Tomorrow, and Mr.. Frye asked the same priv
1lege for Mr.. Butler. Granted.
ton of the report postponed till tomorrow, but the
proposition was repealed by shouts OF No, no, vote
vote. The vote was proceeded with.
Before the result was announced Mr.. Springer de-
sired TO give an explanation OF his VOTE but was pre-
vented by calls "to 0rder' and he was informed nv
the Speaker that he had no right to make such a
statement except by unanimous consent
The Speaker was then about to announce the result
when Mr.. Springer then claimed the right to vote
(shouts of "then vote.')
The clerk was directed to call Sprpger,s name and
he answered 'No."
Then Mr.. Cox of N. Y. asked to explain his vote
and got in some of what he wanted to say.
In the midst OF great uproar and confusion the
vote was announced follows cas- pa NAYS ID The
following being the negative vote: ~ 'AO
Messrs Blackburn, Bliss, Boone Cook Cox of N
Y. Hamilton, Henry, Knott, MAYHEM Pridemor
Robertson OF La. Smith of Ga, Springer and War
ner N "".
Mr.. Ewing of Ohio moved to susneud tho rr,es
and take from the Speakers table the bill for the re-
peal OF the specie resumption act for the f
non-concurr1ng in the Senate amendments and ask
ing TOR committee of conference. DefeatedNyeas
House took a recess.
passed. fA 'in' "eie