New-York tribune., 1878-05-25

Of such State tribunals determining what electors have
been appointed mentioned in Section OF THIS act
the lawful tribunal of such State the votes OF those
electors and those only from such state snail ne counter
shall concurrenty decide supported by the decision OF
the lawful tribunal Of such state provided for by s
legislature And in such OF more than one return OF
paper purporting TO be return from state, If there
shall have been such determination OF the question ~
the State aforesaid then those votes ana thOse only
shall be counted which the two Houses acting separately
shall cOncurenty decide TO be the lawful votes OF the
legally appointed electors OF such state when the TWO
Houses have voted they shall Immediately again meet
and the presiding officer shall then announce the decision
other State shall be acted upon until the objections pre-
vousy made TO the votes papers from any State snail
have been finally disposed of.
sEc Z That while the Two Houses shall be IN meeting
provided in this debate shall he allowed ana
no question shall be put by the presiding officer exeepi
10 either House motion 20 withdraw and hc shah
have power To preserve order. -,
SEC g That when the two Houses separate to decide
upon an objection that may have been inaue 10 inc
counting OF electoral vote votes from any stare
or other question arising III the matter each senator
and Representative may speak 10 such objection OF qcS-
such debate shall have lasted Two hours 1t shall he the
duty of the presiding officer OF each House TO put tue
main question without further debate.
SIC o. That such Joint meeting OF the two Houses
seats shall be provided as follows For the President oi
the Senate, the Speakers chair for the Speaker mime
dately upon his left; for the Senators, In the body OF
the Hall upon the right OF the presiding officer; Tor the
Representatives in the body oi the hall no provided Tor
Senators for the teCrs Secretary Of the Senate
aud CLERK OF the House Of Representatives at the Clerks
Of the Clerks desk and upon each side Of the Speakers
platform. such joint meeting shall not hc dissolved
and the rcglt declared ana no recess SHAH DC taken
unless question shall have arisen In regard to counting
il shall be competent for either House, acting se0a-
ratcly in manner hcrcinbeiOrc provided. 70 direct
excepted the hour Of 10 O'Clock in the forenoon. Bat
it the counting OF the electoral votes and the declaration
of rc~ut snail have not been completed before thc
fith calendar day next after such first meeting Of the
two Houses. further or other recess shall be taken by
SIC 10. That Section 1iO OF the Revised Statues Of
tbe limited states be and The same Is hereby so amended
Wednesday
ensuing be stricken out, and tue words second mon
day next after their meeting " be inserted therein.
SIC IL That section II OF the Revised statutes OF
the United States be and Is hereby amended
that the words frst Wednesday lie stricken Ou and
the words " on before the day" inserted therein.
L.. That Sections 49, 1885, 1876, li@ l47, liS and
149 be and the same are hereby repealed
This bill rests upon the theory that as the Const-
tuition of the United States imposes upon each State
the power and duty of appointing electors in such
manner as its Legislature shall direct it is the duy
of the Government of each State to ascertain and
determine who its electors are, which necessarily
includes the disposition of any dispute between op-
posing candidates, and that whenever State has
so disposed Of the question it is the du'y of the au-
thority counting the electoral votes provided in
the Constitution to respect such action of the State
In order to enable each State finally to ascertain
what electors it has authorized 10 be appointed the
day Of the appointment is fixed on the first tuesday
IN October, and the day of the meeting of the clcc
tors on the second Monday in January, thus giving
than three months within which each State
in its own way may ascertain what has been done
and give effect to its will accordingly
II caa hardly be supposed that any State with
this opportunity will rcnounce or omit to exercise
its own right 10 the Lual determination of its choice
If that should happen. however, the bill reported
regulates the method Of deciding any disputed case
the occasion of the counting, by requiring that
no vote shall be rejected IN the case of single re-
turn without the concurrence of both HOUSES and
in respect of doubtful returns that none shall be
received without the concurrence of both Houses.
In the first case, the presumption is raised in favor
of the validity of the apparent action OF the state
In the second case IL is Theoretically impossible To
concurrence of both Of the two authorities conduct
ing the count