Year: 1878

WASHINGTON, April 15-Mr. Wmmell, of
Maryland introduced in the House to-day
the following A bill to provide mode for
Court '5 of the United States the title Of the
President and Vice President of the United
States to their respective offices, when their
election to such Offices is denied by one or


Be it enacted by the Senate and House, etc,
That an action in the nature Of quo 1rnrranto
may be brought and presented in the Su-
prene Court Of the United States to try and
determine the title of any person holding and
ideut of the United States when his election
to such office is denied by one or more States
also to try and determine the title of any
claimant to such office where election thereto
is claimed by such State or States. and such
action shall be conducted as is hereinafter in
| this act provided.


SEC g. Such action shall be brought In the
name Of the State denying the election Of the
| person holding the office of President or Vice
| President, Ms the case may be, and shall be
commenced by complaint, signed by the
Governor or Attorney General of the State,
and Shall set forth the name of the person
whose title is denied, and the State of which
he is citizen, the time he entered upon his
election at which he claims to have
been elected, the number of such
votes counted and declared for him,
and the number counted and declared for the
| claimant or any Othef person or persons, aIu
il the due appointment of any electors, whose
votes were thus counted and declared, is de-
MED the ground of such denial shall be
stated; and if the due appointment OF any
other person than those whose votes were
read and counted is alleged the names OF
such persons shall be stated. with the grounds
upon which their due appointment IS claimed
and ii such person or persons have cast
their votes as electors, and transmitted @ GER
tiCate OF them to the proper officer OF the
Senate, that fact shall also be stated, and
the said complaint may set forth briefly any
other matters impeaching the validity OF any
of the electoral votes counted for the defend
ant, or showing votes not counted that should
have been received and counted for the claim
ant and the complaint shall allege that the
claimant was duly elected and is entitled to
the Office.


The complaint shall conclude with prayer
that the title of the defendant shall be in
vestigated and declared invalid, and that he
the claimant be investigated and declared
valid, and that he be placed in possession o1
the Office.


SEQ. 3. Upon filing the complaint with the
session, any one Of the justices thereof shall
direct a summons to issue to the defend
ant, and be served upon him by the mar
shall together with certified copy o.
the complaint. The summons shall re
Complaint within a time fixed by the court Of
justice, not exceeding forty days after the
service of the summons. The claimant shall
also be served with certified copy OF the
complaint, and he shall thereupOn be entitled
to appear in person or by counsel in thu
prosecution of the action in connection witt
the State.


SEC. a. The defendant may answer the com


plant by asserting his own title or denying
the title of claimant, or both. II he fail to ap


pear and answer within the time prescribed


the case shall proceed as upon a general de


NAL of the complaint and the issue thus mad
shall be tried by the court, unless the cour
shall determine that the parties are entitled


to have q jury in the case, and ii the same


not waived.


quired, and be not waived by the parties, j
shall consist of twelve persons, selected a


follows: The names Of the chief justices 0
presiding justices of the highest courts of tn
several States shall be placed iu q box, iron
which twenty-four names shall be drawn b,


the clerk, in the presence of the court or Chic
| Justice, and the twenty-four whose name
shall be thus drawn shall be summoned t


Washington, and from those attending twelv


shall be taken by lot, to serve on the jury.


They shall be required to state, under oath
that they can pass upon the questions of fact
Subm tttd to them without bias and no othe
qualification shall be required of them.
SEC 5. Ii the Supreme Court be in sessio
} at the time the issue is joined, as mentione
[ in the previous section, it shall designate da
/ on which the trial shall commence, not late
, than two weeks from that time, except by th
| consent of parties, or unless further time b
, required to summon the jurors; and from tn
commencement Of the trial until the close, a.
other business OF the court shall be laid aside
} II the court be not in session when the issu
lis made. it shall be the duty Of the Chief jus