The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-24
A RE1flRKABLE ADMISSION
Mr.. Evnrts Explains TO Pitt Kellogg How
Mr.. Hayes Can Be Put Out.

Mr., hayes tnn he fut Out'
yyon N, Washington rot
"Nono OF your people have vet struck tho
real point-tho big thing-in this case" re-
markell senator William Pitt Kellogg TO nm
nitachc Of the Post Yesterday. Mr. Kellogg had
lust finished his breakfast at tho Riggs. and was
conscducntiy in bubbling good humor. And
yet" he continued. " the point TO which Irefcr
in my hand and grcnt deal bigger
What is IT, Mr.. KeoggW
Why. simply this: Upon the basis 81 Mr..
Ivnre's instru tiOns to the commission which
Mr. Hayes sent 10 Louisiana TO dispOsscss
Packard and 1T NJ. Nichols M Governor. Con-
gross can Dust Mr. Hayes III any time 10y nero
joint or concurrent rcsolu, on. whenever ma
loriiy OF each House can bo brought to vote that
WHAT'S the analogy between tho two cascs ?"
II you will yet copy IL Mr.. Evars's in
siructiuns YOU will see that he sets up the
theory that whenever tho executive succession
OF State is dispuicd--lhat is to say. when there
are two claimants Of the GubernatOrIal Office.
one or the other Of whom is known to have been
tied hy tho icgi.laiivc BODY of tho state, pro-
vldcd it, legal s,utus is unqucsiioned."
4s 'ooM" the e9as e e which dn5 Ss1'Gr ksGss
secretary Eyaris Mcssrs Lawrence, lawlcy, Harlan
Inc rrc.iirn dg.fes tia, You should devote your
nr and nrngs ,m 10 g'9E%, 9 M e o %t t
purposes o nn exercise authory within the State aud
Al Go,crnmct under section Of article Of the con.
g'.p OF of nj Inga S',i ,,1smcSi in tc
state the question oi ultimate night II those ob.gccs
hope of snrc 6,crnmrntnal IL. departments he dis
appointed u .h.gd r ''or NE tmlc@Nos u S,,lmg,
the rcur, .niau,c wilio the people o Louisiana This
lie r. Il hc prten could rrald,iy he worked OUT by
NJ u, i,N,n n"!o'ii W,,i u,' IT, r, we %
Ing conflicts in the coordinate branches OF the Govern
Is tina, opinion good aw2"
Il am not talking about that l simply said
TINT II Is the opinion Of Mr. Evnrts. delivered in
his oflcia capacity oi Secretary Of state. for
tho guidance OF u body appointed 10y Mr.. Hayes.
in his capacity Of President. To- ADJUST n dis
putcd Guhernat1rial succession in state Of
This Union Now then YOU will agree with me
that an Admin istraton ought to be bound by its
own CONSTRUCTIONS of law. will YOU notf'
D." And You will also agree with mo- that what
a Federal Cabinet officer considers law applica-
Die to "a state ought. under the Same or cOgnate
cir'un stances, 10 be applicable 70 the Union as
n whole. in view VI the fact that the organic
powers and duties 81 legislative bodies are the
same in All cases. That II TO say N Ingisla-
ture of Louisiana. being itself unguestionahly
dc lure. may determine dispute between Two
Guhrrnutoral claimants. absolutely and 10y
simple Legislative act. then certainly a Congress
of the United States. II II be unqucstipnnhly dc
lure may in the Same manner determine n dis
pute between two Presidential claimants. or
brtwcen a de iacto incumbent and de Jure
claimant. or any way YOU choose To- phi rase IT. =
" Docs the Administration. or any member ot
II. apprchcnd the possible Application oil It's own
doctrine to itself -
on yea Eyarts fully understands the kick
ara. talked with him about it. aud pointed
out thnt pOse blity us distinctly rs have point
ed itqut 10 you. But hc said no such thing would
ever be attempted"
What do you suppose he based that assur-
Z" | suppose he hasoi Il upon his faith in tho
fcaty Of certain Democratic Senators 20 Hayes
in case both Houses of the neN Congress should
anxiety 81 tho Administration to return a Re-
| publican majority 10 the next House would
! seem To- inl cato that they would rather not hu
compelled 20 put their trust in thu Democratic
| friends Of Hayce alone = they could help it,"
SUPP osc. Mr. Kellogg. that the next Con
working majority ~ Democrats in both branch
-. n II undoubtedly Will DC, what. under Mr..
Evarts : construction OF the law and the Consti-
tuition. would he the motus operandi OF dispos-
| ing of Hayes p
-" Similar 70 that by which Mr. Packard was
| dlsposse-sed. Tho two Houses Of Congress
! would pass q resolution declaring Mr.. Tildrn
the lawful prsi,.ni; Then MI bills passed
| would be sent - Mr. Tilrn for executive ap-
| prevail; messages would Co. received from him.
! mud his nominations Co unl D." would Ice CON
nrmel iy ihs icnn.rie and Nj. Hayes would be
/ IN oui-iana. and i Il WAS lawful and const!tu-
| tona there. i ought 20 IT, here"
liesisi. h. iow the devil would no re-
! slsiY What would Ire resist withf"
| " give IL up'
81 So would Hayes"
" Do YOU suppose such state of affairs will
Now. lal's scc about that. Mr.. Hayes was
elected hy the vote OF Louisiana, II he was elect
| ell at all. Tho returns that el'rod him also
| elected PA 'knrd. The Democrats dispui 4
| Pa'karts p.e'tion ON precisely ihe same
/ grounds as tnosfDn which ihry uuW dispute the
. .ar9 rdn M ayr.s se 2q1aS" 4 T 'p
! furnished the D'mQ rat, with the law IN ter
| which they pro %, lel 20 Gust Ia 'karl and in,
! stall y 'hO.IS. ] hrli ~ Ia" time that Packard
was elc't' AMI So hoil now also held THAT
! liayes was ele tod. But Hayes. through his
Secretary of State. in-frl. the Commission
that tile question a- to who had bscn elerird
Governor must be- ndiudicatel blythe Legislative
body. II any could bee found with an ungnes-
mad NH.N hair Hf4f.