The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1879-11-14
TnE ELEcToRAL YRArp.

Justice Miller of the Supreme Court
who was a Hayes man on tho Electo-
raj Commission, declines to be inter.
viewed on the subject Of his declaration
at Block Island last August TO the cf-
feet that "Mr. Tilden WAS elected in
Louisiana, that is, he got eight or ten
thousand more actual votes than Mr..
Hayes"
But while declining To submit to an
terview, he does not avoid con nyersation
about the matter. A correspondent
writes 10 n leading paper that Justice
Miller now repeats what he has fre-
quently said, that it was
"GeneralIy tnderstood and believed
that ON the popular vote as returned TO
Louisiana the Democratic electors were
chosen by from 5000 to 10000 major
ity, fact which neither Secretary
(then SenAtor) Sherman nor any Of the
Republican, visiting statesmen to Loui-
siana in November, 1876, ever denied.
IL was matter of common report and
entitled to all the belief that such state
ments usually receive"
And this Justice of the Supreme
Court further says, that
Louisiana had enacted that Re
turning Board should have the power
To examine the vote Of the State and
exercise an arbitrary control over the
election returns, 10 they might be re-
jected or passed, according to the judg-
ment of the majority Of its members,
the Constitution declaring that leach
State shall appoint in such manner as
the Legislature thereof shall direct, 4
number of electors" and the Returning
Board, having been invested with an
extraordinary power, did declare what
votes should be received and what re-
jected, and in so doing reduced the pop
ular vote"
That such authority should have
been conferred upon FIVE men concerns
alone the State Of Louisiana.
The act of the Louisiana Returning
Board was a States right act in its su-
premest sense. The decisions of the
Electoral Commission were based upon
the sovereign right of State to legis-
late MS it chooses on all matters ex-
pressly declared by the Constitution.
Now, whether the popular vote of Lou
isiana in favor Of the electors named on
the Democratic ticket was changed by
the Returning Board in favor Of the
Republican electors was a question
which could not have come before the
Electoral Commission, whatever may
have been the privileges enumerated in
the bill creating that body.
And then Justice Miller declares that
under the Constitution and the law
those persons were the electors wht
were declared to be such by the Re
turning Board.
Politically" he adds, "the member
of the commission were equally divided
judicially there were honest difference
of opinion among the members selectet
to represent this branch of the govern
ment. The result reached by the ma
iority was that the decision of Stat
authority in the selection of Presiden
tial Electors is under the Constitutio
and the laws conclusive" and the opiniO
then expressed he still holds unchanl
ed.
We do not want clearer statement
of the CASE than the above. The Ii
den electors received ten thousan
more votes at the polls in Louisiana o
the 7th day of November, 1876, tha
did the Republican electors.
The Legislature of Louisiana hs
given to the Returning Board the po'
er to count the votes and ascertain al
declare the result of the election. Th
Returning Board did nothing on Il
. 7th day Of November. Months aft
Q they, or rather an unlawful and una
g thorized number of them pretended
Q canvass these votes and to ascertain t
: results. But they did not actually
SO. Justice Miller says that it max
no difference whether they did so
not; that it makes no difference whet