Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-11-15
WILL HAYES
T|LDEN CONTEST
Be DUPLICATED!
Law Of 1887 Provides for Canvass
Of Vote by Congress in Feb
fWaTy
IF THROWN INTO HOUSE
WOULD FAVOR HUGHES

1
on the face Of the first returns. Whel
CONGRESSES got through with the case
Tilden was in the discard and Haye
was given the. presidency.
Duplicate returns were sent in from
several states. That was the basis o
the contest. There were two cert
hcates Of election for two sets OF elect
ors from the states of Florida, Oregon
Louisiana and South Carolina. Fraut
was charged on both sides, but thu
Republican used the army in the
southern states, together with Repub
lican election commissioners. to dup
licate the certificates of election. In
Louisiana the condition was almost an.
archy. There were two governors,
two returning boards, two sets of re.
turns showing different results and
two electoral colleges. In Oregon the
Democratic governor adjudged one OF
the Republican electors ineligible and
gave certificate to the highest cand-
idate on the Democratic list. The Re-
publican electors, having no certificate
from the governor, nevertheless met
and voted for Hayes. In Florida one
set of credentials was furnished by the
election commissioners and the other
by court decision.
Returns Rejected
When the returns came before cong.
ress to canvass as provided by the
constitution, the duplicate returns
were rejected, and special commits
sion was appointed to decide the is
sues involved. The commission acted
along partisan lines and counted the
Republican votes in all four states,
giving the election to Hayes =. l=%&
In the present election it has been
suggested that contest in California
might. result in one set: Of returns cor
tilted by the governor and another set
certified by some court action based
On charges Of miscount or fraud. z This
might also happen In others or the
close states. With duplicate returns
before them in congress, as thetfevieW.
Ing board, might decide to reject the
returns from the doubtful states. ID
which case the election would. he
thrown into the house Of representa-.
tives. '"tv@ @'1t& 49,. tstr:ri
Here Is where tho matter would take
on . very serious aspect. Although
the present house is Democratic on
the ordinary roll call. II the roll Is cal.
led by states. as provided by the con.
stitution' when the house chooses. /. 4 |
president. and the states vote by the
unit rule-that Is. q majority In each |
delegation determining how the state |
shall vote-the house would be Re.
publican. The vote then would be IS
Republican states, against q Demo. |
cratic states, with states split even. |
~ between the parties. Thus the |
election, II thrown into the house,
would result in q victory for Charles |
f. Hughes.
Federal Statute.
That this probably cannot happen is |
pointed out by officials OF the depart
ment Of justice, owing to the passage
In 1887 Of a federal statute to meet
Just such an emergency as that Great
ed by the Tilden.Hayes contest. This |
statute provides that congress must |
meet In joint session to canvass the
returns on the second Wednesday in
February. (The members of the elect
oral college meet in their respective
states on the first Monday in january
At this joint session of congress no
other business can be considered. nor
any adjournment taken except five ad-%
journments of one day each; when, IL !,
the canvass of votes has not been com.
pleted, congress must remain in con.
tinuous session until the canvass Is
completed. At the joint session it is
provided that tellers be appointed who
open the returns alphabetically by
states; that in case Of duplicate re.
turns from any state, if objection is
made in writing by any member the
joint session shall be temporarily dis.
solved and the house and senate meet
separately and consider the duplicate
returns. The statute then provides
that in any case there is a state law
covering contests and a decision has
been reached under the state law, that
decision shall be binding on congress.
Consider Objection.
In case no decision as to the legality
VI OllC oSt VI luc O(ncr OF lno electors
has been reached under a state law,
and one return is made by the Chief
Executive OF the state under the Great
Seal OF the state. and the other is not,
the return 50 certified under seal shall
prevail Each branch of congress in
separate session shall consider obiec-
tons to the returns, but shall consider
each only for a period of two hours,
with five minutes as the limit on any
individual speech and no member per.
mttted to speak twice. At the end OF
two hours a vote must be taken. II
the houses disagree as to what re-
turns to accept. the matter shall be re.
ported to the joint session and the re.
turns from that state are rejected. II
then no person has majority of all the
votes cast at the completion OF the can
vass, the house, meeting by itself,
elects q president, voting by states.
The provision of this statute, 1t IL
believed, will enable all contests to
be settled in the states under state
laws and will remove any chance that
the vote OF any state or states will fail
to be counted az ratnrned In tho mint