The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1878-02-26
THE PRESIDENTS TITLE TO OFFICE
Is MIR. Hendricks Leading a Move
ment to Test It in the Courts
The Herald Sets Up n Straw Man
and Knocks Him Down With
Great Effect.
National Associatedpress to the Star.

fishes the following sensational dispatch:
INDIANAPOLIS, IND, Feb 25.-There is
said to be a very secret movement on foot
to contest the title of Mr.. Hayes to the
Presidency. This movement is said to be
encouraged by very influential parties in
Washington and New York, as well as by
certain people in the West.
The idea is to prepare writ of custer
This new scheme meets with more favor
than its predecessor because it is supposed
Mr.. Tilden will be too i'll to avail himself of
the chances of possession that might result
under such writ, and that, therefore, Mr.
Hendricks would obtain the prize. I should
add, also, that it is asserted that this move
ment in behalf of Hendricks is part of a
general scheme for imitation"
Governor Hendricks is at Lebanon on
law business, and the following dispatch
was sent to him by the Herald correspond
ent:
"The New York Herald has information
that you are party to writ of custer to
deprive Hayes of the Presidency, and it is
said that prominent and influential parties
i'll Washington and New York are partici
pating in the scheme with you. Be kind
enough to forward NE any and all the in
formation you may have concerning it, and
what your opinion is of the probability of
any such movement being on foot"
His reply to Herald correspondent at In
dianapolis:
"LEBANoN, IND, Feb. 25.
'1 have no knowledge whatever of any
writ of custer or other proceeding to raise
the question of the right of Mr.. Hayes to
the office of President of the United States.
THOMAS A. HENDRICKS"
IT will be seen, however, that he fails to
state whether he would be a party to any
such scheme, but it is not thought by his
friends that he would, as his utterances
have all been in favor of recognizing the
fact that the question has been settled, and
that Hayes title would not be disputed for
the four years of his term of office.
Col. B. c. Shaw, Chairman of the Demo-
cratic State Central Committee, said that
he did not believe any prominent Demo-
Gratis would be fools enough to attempt to
carry out such scheme. He was certain
Hendricks had no connection with it, as he
had placed himself ON record as recognizing
the Presidential question as finally settled
On the receipt of the above dispatches
from Indianapolis the Herald reporters were
instructed to obtain the views of leading
Democrats and Republicans concerning the
rumored scheme. The general opinion Of
both sides is opposed to the rumored move
ment.
Judge Noah Davis, of the Supreme Court,
said there is no such process rs a writ OF
custer, but there is a judgment of custer
obtainable in Courts against any party who
| has been proved to be an illegal intruder
in an Office. This judgment can only fol-
low a trial which has been commenced by
quo warranto proceedings. Judgment of
custer SO rendered applies to persons who
are in office, and affect such persons only
after trial. There exists no power under
the Constitution of the United States
which enables the Presidential office
to be submitted to the judgment of a
I jury. The decision by the two Houses OF
Congress in joint Convention assembled,
when they coEnted and declared the Elec-
toral vote, Is in accordance with our system
OF government, absolutely final and conclu-
Slve not only upon all courts, but upon all
| parties, The idea is simply monstrous that
| the title of the Chief Executive to office
should be submitted for decision to petty
| Jury. Besides, no State Court could have
| jurisdiction in matter where even the
| United States District Court had none, but
the case would have to be brought at once
before the United States Circuit Court and
Supreme Court 1t would involve great
deal OF time, ola year at least, before CON
clusions could be reached.
In my opinion said he, no such proceed
ings can be had against the President of the
United States under our system of govern
ment; it would be virtually revolution.
can well understand that sagacious law
yer like Mr. Tilden would not initiate such
proceedings and as to Mr.. Hendricks, if he
leads such a movement he would actually
commit political suicide. Suppose ever
these Western men should succeed, they
would only make Mr.. Wheeler President
and before they could get through with the
case against him this country would just
about be ready to enter upon new Presi
Dental campaign. A mass o.
witnesses would have to be examined
innumerable arguments pro anC
con would have to be heard and during
the entire continuance of the case matters
would virtually be upset everywhere.
say again. the idea is simply monstrorH. L
there is any such thing on foot in the Wes
l believe that it is done to frighten thu
President into signing the Silver Bill. Thes'
Western people are crazy on that subject
and it is more than likely that they will g
to great lengths to carry their point Th
safety OF the Republic, however, is also
principal in law which, on such an issue
| I'll boun IN ha