The New York herald., 1878-03-11
FROM OUR REGULAR CORRESPONDENT
WAsHISGroS, March 10, 1878.

WASHINGTON, March 10, 1878.
PRESIDENT HAYES TIrLE-A MOVEMENT 70
OPEN THE QUESTION IN THE HOUSE.
For a day or two the air OF Washington has been
full Of fresh Of intended judicial proceedings
TO contest the right Of Mr. Hayes 10 the Presidency
but they are based upon tho preparation memorial
to Congress by Judge Black, who has been
closcted for several days in private quarterA
at Welcker's with prominent democratic politicians
opposed, like himself, to allowing the question OF Mr..
Haycs' title 10 remain undsputed. Prominent amoug
these gentlemen Is Mr. Montgomery Blair, who up
successfully introduced a similar memorial into the
Maryland Legislature. 1t Is said tins last memoriaI
will be presented in Congress by Mr. Proctor mott Of
kentucky, WHOM he can get the floor a suspension
OF the rucs, tomorrow If possible. Mr.. Blackburn,
Of kentucky, was originally 10 have introduced a
resolution calling for an inquiry as to whether tho
President had Improperly appointed persons TO Office.
This was aimed at the Anderson and similar cases Of
the Louisiana Returning Board members who havo
been indicted He asked BY Judge Black to with.
hold this resolution, because committee OF confer
encc sitting to provide wider and more search
log ana effective inquiry, and Mr.. Blackburn surren
dered his resolution. 1t was substantially as fol-
Iows-
Resolved by tho House of Representatives, That the
Committee on the Judiciary be instructed to inquire
States has, IN violation OF law, appointed 10 or ro
taned IN Office any person or persons convicted of
felony or olber Infamous crime, and said committee
day as practicable.
While Judge Black has been preparing his memo.
rial toIcgraphic communication has been had with
Mr. Hendricks Tho memorial will bo worry elaborate
which some OF the friends OF tho movement do not
approve Of because they say what is wanted Is somo
thing short and terse on the record. The memorial
asks inquiry into the iacts OF Mr. Hsycs' election
such steps further OF legal legislative char.
actcr as It may be proper to take.
THE RUNKLE AND ARMIES cAsEs-REpoRT OF
THE SENATE COMMITTEE.
The friends OF Mayor Runke arc quoting In his be-
half the report just mado by the Senate Military Com
mttee In favor OF the honorable restoration to tho
army OF Captain George A. Armes, VINO, like MAYOR
Runkc, tell under the displcasure oil Secretary Del
KNAPP and court martialed and dismissed the ser
vice. The portion ofthe report which upon tho
analogous part ot tho Runkic case is AS follows:-
1t does not aflrmatvcly appear that the President
over saw the proceedings or ever reviewed them nor
that iact appear IN any wise TO the commit
Section S96 OF he Revised Army Regulations Of 1853,
Ia force al the date OF these proceedings aud yet
reads AS toilOws:-
500 The Judge Advocate shall transmit the pro-
ccedings without delay To the officer having authority
10 confirm the sentence who shall STATE tho end 0f
the proceedings IN each case his decision and orders
thereon"
THIS being case oi dismissal from tho service the
President Is by law the nnai reviewing authority.
Nowncre In the record submitted 10 tho coIn
at the end Of the proccedings or elsewhere does
appear that the President 'sated" In this case his
decision and orders thereon unless the
OF The secretary oil War OF June 1872 may be SO
strued. This is not clear; II Is not the natural con-
struct,on OF the language. court martial Is
quasi OF criminal Jurisdiction, and II Is submitted
that nothing should be taken by intendn.cnt
In the proceedings bolore court martial any moro
than IN proceedings before oil crim nal JurIs-
mn urtuI l,k
Is essential 10 the validity OF the order OF dismissal
to wit, that the President has reviewed the proceed
ings ana confirmed the sentence, nowhere anlrna-
tvely appears IL would be difficult 10 sustain I'M
paper as evdencing that iact upon authority, as to
sustain record oi court ot criminal Jurisdiction In
capital whlcn did not show aflrinativeIy the
appearance OF tho accused, HIS arragnncn his plea.