Daily Los Angeles herald., 1878-12-21
President Making.

electoral law as to avoid contro-
versies in tho future. The chief
of these schemes owes its paternity
to Senator Edmunds. 1t takes the
most extreme State Rights view of
the subject, compelling the adjust
ment of all disputes as to the valid
ity Of the election of the electors by
the States themselves. In case of
disputed certificates, machinery
for deciding the controversy by
Congress is provided by the bill.
AS the Edmunds measure has pass
cd the Senate by 35 ayes to 26 noes,
the following synopsis Of It's pro-
visions, which we find in the edi-
torial columns Of the San Francis
co Chronicle, possesses decided in
tsrsst:
First-The day for the Presiden.
tial election is changed from the
Arst Tuesday after the first Monday
In November to the first Tuesday
In October.
Second-If the office of President
shall become vacant at any time
before fourteen months from the
regular election, there shall be a
special election held to fill the va
cancy.
Third-The Electors shall meet
and vote on the second Monday in
January next after the election. In
the meantime, If disputes occur in
any State or States as to what Elec-
tors have been legally elected, the
States respectively, and not Con-
gross must settle them; and il such
disputes shall be settled before the
second Monday in January, when
the Electors are to meet and vote,
the settlement shall be conclusive
Of the title of the Electors in whose
favor 1t 10 made.
Fourth-Congress, on the second
Monday in February, shall meet In
Joint session of the Senate and
House. At this session the Presi-
dent of the Senate 10 to open the
electoral certificates and hand
them to tellers appointed for each
House. The names OF the States
nust be called alphabetically
and il the legality OF any certi ifcate
10 questioned, it must bs Objected
to on the reading OF the same
After such objection the Senate il
to withdraw, and each House shall
vote aud decide separately from the
other on the objection.
Fifth-Tf there is but one certifi'
cate or return, it requires the votes
of both Houses acting separately tC
reject it. If there is more than one
certificate returned, and If the
State tribunal shall have approved
any one, then that must be accept
ed by both Houses as the true re-
turn from that State. If a dispute
arises as to the legality of the State
tribunals, where several tribunal:
exist In any State for the approval
OF certificates, the vote of sucE
State must not be counted unless
both Houses agree as to which GER.
tifcate was returned by the Lawful
State tribunal. 1t is the same
where return is made from any
State without authority OF any
lawful State tribunal.
What reception this plan vii
meet with in the Democratic
House can only be conjectured, but
we look for a chilling welcome. II
will be remembered that the atti
tude assumed by the Democratic
majority of the House of Repre-.
sentatlves in the Hayes-Tilder
controversy was that Congress, in
Joint convention, had a right to &c
behind the face Of the returns Il
inquire into their validity. Thil
claim in no respect whatever
impinged upon rightful state.
ment of the doctrine of State SOW.
ereignty. 1t by no means follows
that because the verdict of a State,
when ascertained to be its real ver-
dict, should be respected by Con-
gress, that false and frau duleni
one should receive equal weight. II
10 hard to resist the conviction
that, when tho Constitution of the
United States provided for scru-
tiny of the Electoral returns by
both Houses, and for the election OF
President by the House of Rep.
resentatives under certain contin.
genoies, it intended to lodge in
Congie ess a certain discretion-a
discretion reaching even to the
making Of President-certainI to
the extent of Judging when the
contingency had arisen. That Mr..
Edmunds has been guided by aG-
mirable motives in the framing OF
his measure cannot be doubted.
That Democratic House of Rep.
resentatives will stultify itself by
such violent contrast as would te
presented between the passage q
such bill and its action of two
years ago may we'll be questioned.
The California Legislature, at the
instance Of Col. George HI. Smith,
Senator from this county, has of.
ficially put itself upon record that
change is needed by Senate Joint
Resolution No. 13, adopted April
l, 1873. This resolution, drawn up
and offered by Col. Smith, reads:
"Wnereas. 1t is provided by the
"Constitution of the United States
"thut each State shall appoint, in
Tin such manner as the Legisla.
"ture thereof may direct the
"Presidential Electors, and under
"said provision it deyolves upon
"the Legislature to provide not
ssonly for the manner of voting for
sssuch Electors and the counting OF