The times. [volume] (Washington [D.C.]) 1897-1901, 1900-07-23

The count Of the vote was thus in 1877
to be made with only the provision of the
Constitution as a rule OF procedure: The
President of the Senate should open all the
certificates in the presence Of the Senate
and House, and the vote should then b
counted.
It was contended by the one party that
the President of the Senate was the so
Judge as to whether or how a vote saould
be counted. On the Other side it was in
sisted that the Senate and House were not
intended by the Constitution to appear as
powerless witnesses Of the count, but that
these Two bodies constituted the tribunal
which should try any question about 10
arise The elimination was the Electoral
Commission, and its memorable e.ght-to-
seven decision.
The next decade passed without other
rule or law than the Constitution. in the
matter of counting the vote. aad CARTE
and Cleveland were each awarded Their
high Offices without question. In 1887, how
ever. with view of guarding against the
anarchy which threatened the country in
( 1875. Congress passed an act which was in
people and prevent the possible a-hit' airy
| or caprieious action Of 4 majority in Con-
/ gress.
| As Rule Twenty-Five was effective OF its
purpose cniy when the two houses we're OF
the same political faith, so unfortunately
the law Of 1887 will not prevent a Congress.
partisan. and of the same party. in BIO h
branches. from setting aside, under tie
forms of law, the will of the people as ex-
pressed ct the election.
Section two of this Electoral Count law
dke Tucker Hoar ac) enacts that ~hen
State has provided for judicial or other
determination of any contested election of
a Presidential elector. and such determine
ton shall be made at least six days before
the meeting OF the Electoral College, the
same shall be conclusive in the electoral
count
Section three requires the Executive of
each State to certify the electors chosen
and the action of - Electoral College.
Section four collt..ips series OF provis-
ions defining the POWER of the houses of
Congress in complicated contingencies. 1t
provides that no electoral vote or votes from
any State which shall have been given By
electors whose appointment has been Law
fully certified to. from which but one re
turn has been received. shall be rejected.
But the two houses may reject the vote
or votes when they agree that such vote or
votes have not been so regularly given by
electors whose appointment has been SO
certified
Again in the same section it is provided
that If more than one return or paper
purporting to be a return shall have been
received by the Pre-! ident of the Senate,
those votes and those only shall be counted
which shall have been given by the cleo
tors who are shown by the determination
in section two Of this act to have been ap-
rointed'-that is. by a State tribunal at
least six days before the meeting OF the
. College. Put in case there shall arise the
/ question which Of two or more OF such
State authorities determining what cleo
/ tors have been appointed, as mentioned IN
( section two Of this act is the lawful tribu-
nal OF such State, the votes regularly given
of those electors. and those only, Of such
/ State shall be counted whose title as cleo
tors the two houses, acting separately,
shall eoncurrently decide is supported by
the decision OF such State so authorized by
its laws: and in such case Of more than
one return or paper purporting to be a re-
turn from a State if there shall have
. been no such determination OF the question
in the State aforesaid, then those votes,
I ard those only. shall be counted which the
two houses shall coGcurrently decide We're
. cast BY lawful electors appointed in &C
! oordance with the laws Of the State, unless
the two houses. acting separately. shall
Z concu-rently decide such votes not to be
the lawful votes OF the legally appointed
/ electors Of such States. But if the two
/ houses shah disagree in respect Of the
/ counting Of such votes, then. and in that
case, the votes Of the electors whose ap-
I poIntmeut shall have been certified by the
Executive Of the State. under the seal
( thereof. shall be counted"
/ So it is seen that when there is a disa-
grcement between Senate ard House as
TO the counting Of a vote the Tucker act
/ guarantees a count as certified By the
State Executive. but when the TWO houzcs
( agree, they have then a broad power, OK
4 prcssly accorded to them by this act, Of
/ determining no. oaly the many ;echn.-
/ cal questions OF regularity. but in certain
/ cases The very question Of the election at
the polls Of the Presidential electors
themselves. The conclusion to be
drawn from this is that Democrats Off
cials should be exceedingly vigilaat that
no vulnerable point is exposed whereby
the counting of the vote as cast can be
. azsailed on technical or other grounds.
While the present law, II honestly carried
out, limits and restricts the almost az
solute power conferred on each house OF
Congress by the old Joint Rule Twenty
! two; yet so many technical requirements
and nice distinctions are made in the cey-
cral sections Of the act that trivial omis-
sion or irregularity may prove fatal at the
/ critical moment.
The British Lions JacIsnI.
In their individual capacities members
| of the Administration have d perfect right
20 sympathlze with the British Govern
ment in its designs upon our Alaskan
/ territory. in its objections to cur American