Year: 1878

ed and eminentiy sensible and sound


upon the question of a new election


on November 5th next for congress-
men. We cannot bring our minds to


q belief that the people Of Iowa want


this old struggle renewed: indeed it
seems to us clear beyond ell question


that the people do not want to be


bothered with a new election. More,
it appears to US that there is no call


whatever for such new election.
If the amalgamated democratic


national party want to add to their


already disgraceful, unprincipled rec
ord made this fall in politics, let them
go ahead and try another election. :
We quote from yesterdays Ha,ckeye
good authority as to what Congress


ought to do concerning the question
of our October election of congress
men:


WASHINGTON CITY, Oct. 25.-MY


DEAR SIR am in receipt of your


favor of the 23d inst, in which you


ask for my opinion upon the question
of the legality OF the congressional
election in Iowa in October.


In reply have no hesitation in say


ing that, under all the circumstances,


that election ought to be held by the


house of representatives to be valid
and legal. AS an original question, /
should have held that it was compe-


tent for the legislature to provide


for holding said election in Novem-
ber, and therefore the act of Congress
applies. But it is a question of doubt
and depends upon the construction of


the state constitution, and should


therefore be left to the decision of the
state authorities, whose construction
should be accepted by the federal au-
thorities as final. ] cannot better ex-
press my views upon this subject than


by sending you, as do herewith, the
report of the committee of elections
of the forty-second congress upon the
right of the Tennessee delegation to
their seats. The question in that case
was as to whether the election had
been held on the legal day, and it was
really very doubtful question and
one upon the actual merits of which,
If presented as an original question,
the committee might have held
against the right of the delegation to
seats. But the state authorities had


acted with much less deliberation
than the Iowa authorities,) and the
people acquiescing in their action, had
participated in the election. Both
political parties had nominated their
candidates and submitted their claims
to q decision at that election, and un-
der these circumstances are publican


house admitted a democratic delega-
ton to their seats upon the ground
that the house was bound to follow
the construction given by the state
authorities to their own constitution


and laws. We shall probably see
whether democratic house will be


as just and fair.


/ confess that / think it extremely
doubtful, and am not sure that it
would not be best for the republicans
to turn out in November and outvote
the democrats wherever the demo-
Gratis attempt to hold an election.
GEORGE VI. McCRARY.
Hon. Chas. Beardsley, Burlington, la.
The report of the committee on
elections (referred to by Mr.. McCrary


In the foregoing letter. submitted


March %, 1871, in which, after dis


cussing the question in its local appli-
cation under the laws of Tennessee


and its legal aspects, reaches the gen.
eral conclusion which we quote in full


as it is especially applicable to the


Iowa case:


"If, however, the question as to
whether by the act of 1870 the time


for holding the election in question
was changed from August to Noyem-


Der was one of doubt, we should feel


bound to follow the construction given


to it by the authorities of the state
of Tennessee whose duty it has been


to cOnstrue it and to execute it. 1t is


admitted that the governor and all


other authorities in Tennessee having


anything to do with the construction
and enforcement of this act of 1870,
have construed it as In nOwise affect
ing the act of 1868 and by common


and universal assent the election was
held at the time fixed in the latter
act. It Is well-established and most
salutary rule, that where the proper
authorities of the state government


have given construction to their own


constitution, or statutes, that cons
structiOn will be followed by the fed
eral authorities. This rule is abso-
lutely necessary to the harmonious
working Of our complex government,
state and national, and your commit
tee are not disposed to be the first to
depart from it."