Chicago Daily Tribune Newspaper, January 6, 1877, Page 6

R an i 4 - &k —v HeEs 12; LECTORAL VOTE. 'WhoIs the Party, Authorized. to Count It ? Letter from Judge West, of Ohio, " .to Attorney~General Taft. " ‘Gonress Has No Constitutional Power A to Interfere with or Con- V; ! trol the Count. The Daty of Making the Connt Is Irie “tiiirily Lodged with the President of ihe Senale. But the Buprome Judiclary Osn Inquire into-ond Decide upon Electoral Questions, -Aod Has Unquestionable and Amplo Jurisdiction for {ke Emergeney Now Existiok. «__ Special Corrgspondence of The Tribune. Wasiwatoy, D. C., Jan. 4.—The follow- dng letter from Judge West to Attorney- General Taft, containing an oplnlon on the Elcttoral question, will be read with fnterest, asJudgs West Is considercd one of the most eminent of American jurists, and has given the subject acareful and cxnaustive study: ‘Be1,LePOSTAINE, O, Dee. 19, 1876.—The Tlon. Alphonso Taft, Altorney-tiencral—My Dean Sin: Our pleasant relations during a bricf sojourn In .yonrclty, and a'profound sense of your devotion to' constitutfonal rights, furnish my apology for addressing vou. Wiiat powers inay bo exerclsed, and by whom, in openlig and counting the Electoral vote for President ond Vice-President, and when the House of Representatives may chuose the I'resi- “dent, ‘Afe matters just now uttracting much nt- téntion, "I proposeto conslder these as original quéstions in the Hyht of the Constitution alone, without refereace Lo the precedents or pructice of former years, The Natlonai Goverminent is one of oxclusive- 1y delogated powers. Its aeveral Departments . unil otlleers, in the ndminfstration of thelr ordi- nary. civil functlous, can only excrcise such asure conferred efther by clearly expressed or “* necessarily implled delegation, Applyimg this touchistone’ of Interpretation, all doubts and dftferences onght to vanish and disappear. Allow me to reeall your attentlon to the pro- wisfons 6f the Constitution Learing on this sub- Ject, which ara ns follows: - 2.-Each State shall nrpolm. in snch manner aa the Tegislature thereof may direet, o wimber of . Electara equal o the wholo “number of Schutors and Ttepresentatives 1o which the State tay be en- ttled In the Congress: bt no Senntor ur Rupre- sentative, or percon holding an_omice of trust or prodt nnder the Cnited States, shall be appointed un Elactor, > " i The Electors shall meet in heir respective Btates, and yote by ballot for two persons, of whorm oue at least lf!nll not be an inhabitaut of the * rame State with themsaclves, and they shall mukea « Jiet of all thie persons votedl for, and of the nunber of vutes for cach, which 1ist they sholl sign snd certity, ond transmit sealed fo the meat of the Uove ernment of the United States, direcied to the Tresldent of the Senate. 'The President uf the Fenate shall, in tho jiresence of the s THuane of Itepresentatives, upen all the ce ond the Yot shall then be counted. haviug the preateet number of yotos shall be Presi- dent, 17 such numiber be a majority of the whole numberof Electors appointed: and If there bo noro than one who have such majorlty, and have an cqual numbor of votes, then tho House of Repe rescntatives shall fmmcdistely chouse, by bal one of them far President; and if no person ha majority, then, from the ivo hlzheston the s the sald Ifou Lall, In Jlke manuer, choose the President. Dut, In cloosing the I'resldent, tho vates ylunil he taken by States, the represeutation from each State hasizono vale. . . Veyy rave dilferences, arl<ing out of recent and”extsting ~complications, hnve made these provisions the subject of much controverav. On .the one hand it s contended that the power to " control the count and declare the result of the Electoral vote fs vested fn the tiro Ilouses of Congress; that upon objectlon to the vote of any State, or of ~any Elector thereof, by vither Houge, it shall be refected; that the cindidate recelviug wmajorlly of the unrejected voteshall Do the Prestdent; and that it no candidate ro- cefves such majority, the cholcoof President shylt devolve .upon the Houss of Iepresenta- tives, On the other haud, it I {nststed that the Prestdent of the Scnate 15 vested with exclusive power over the sublect, in the exerciso of which s dutles are purely minis- terfal, restritted to the openiug of the retarns, cpunth the votes, sgpregating the numbers recelved by eash candhlnte, and'declaring the result as found from u cler feal duspection of the lists, Of this Intter opln- fon, moditied by the Hmitatlons which will bere- after be sugwested, Tam, 1 do not doubt the Yeglslutive power of the uation to Inquire aud deterinine whether the constitntional relations of u State to the Goy- crumunt 1o euch as catitle it to the representu- tive rigits of & State in the Unlon. - But this1s not'th question here presented, The extent of legislative power, which in 25 exercise fucludes the: Exceutive -sanction and approval, fs not put In kssue. The atestlon made I3, whether pawer” has been vested dn the two Houses of Congress, or elther of them, by the provislons of the “Cunstitution ahove clted, to control the comiting, or exclude the Elcctoral votes of o Etate whose nozutnl and constitatlonat richts In =id refations to the Unlon nre recunizes Tudiscusstiye the didicuities preseanted, the followina will be aseunied o3 established sud fn- controvertible truthay 1. No puwer not delegated by the Con- stitption, cithier cxpressly or by necessary {in- piieation, can by exerclied by any ofliver, branc ordepartment of the Govirnnient in the u mintstration of Ity cyil functlons, lenee no power not 50 delegated vats be_exercdsd by the 1o Housea of Congress, o either of thear, or ony oflleer thereot, in vounting und declaring thevote of the Electoral Colle, No poter to contro] th auting or to aunounce the resuly of the Electoral vote s verted i the two Huuses of Congress, or elther of them, or nny offker | thereof, b'y any fon, provision, or cladse ol the Conetitutlon excepe (he abuve, whicl declires that “The Presidont of the Benaty shall, In the presence of the Benste unt Huouse ot epresentatives, vpen the ceetilieates, and the vote shall he eounted” Henee, untess such pover b delgmated Lo the two Houses, or to one of them by this clause, It 8 not delegated to, and consequently cannot by exerclsed by, elther of them. Tt s platuly upparent that thls cluuse does not in expreas termns delegate such power to elther House scpurutely, Or to hoth jolntly. This truth Is lncapable of con vrsy, Ia ity then, delegated by eny neecasary or eves nussibly . t, L, 8ce. B, of the Coustitution, n ex- pregs terma declares that * Each 1louse'sh The Judge of the clections, returns, und o vations of its own wembers.” - Although ths o Va8 8 power which mlght well ave been fett to jmplicatlon from ‘the usawe of legislative boulie, yet the framers of the lnstiument. were unwilliize ta vest so dmportunt w furisdl tlon otherwkee than by vxorens deleation, 1t I8 jue- wredinly, therefur, t they conhi Bave (ntend- - &l ko vest In thie two Hotaes, or elther of the Dy interence or fimplleation onty, the extrao Cdllpary aud unusual poser of being the judge uf ““thelecetlons, ‘returns, sad qualithations of - Presidential Elcetors, and ns a couseguence ol the Prestdent und Vice-Prestdent, llence, fn vhew of the wlse care with whilch they expressly delegated urisdiction fu the furmer tase, 13 ol their profound silence conclusive that they either contemplated nor tutended, elther ¢ pieagly be by Jinvllaution, to delsgate such juris- dition to them In the Jatter] Il conclusion thus suggested by the sllence of -the Constitution i strengthened by the Turther conshleration that in o section or vhanse does it requireor direct thy surrender ur de! . exy ol the Elvetora) retusus to the two Houses ol Cyugreas, or cither of thew, Whenee it ia ... Jnpowsible to suppuse the duty was intended, by bnpleatfou or osherwise, to be devolved on 1 Ttiem of yountinyg votes, tho possession of the “~Mats contafnme which they are neither uue thorized ta gegulre or compel, 1t tlese coucluslons lacked sugbe to sive then tho force of detaoustration t is Turntslicd <1 L Hy the'fact that the Presideot ot the Senate As the ouly Junctivnury pamed in the Constitu- 10w 10 Wi ugy power i3 delezated, or upon >whomn auy duty [s enfolied by ¢Xpress terms rezard to openlug sud wonuting the Electorad Vote - T Lt uline, aud nut tothe two Houses, oruitber G thes, me the certal tifred 1o Le Uy islie or cither af {hem, I3 of y of opening the ccrhifieates, 1t fs th fore Impossible that the nuthors of the Conat tution, having thus expressly named the Pre<d- sent of tho Senate, and deicgated to him this ower, and un;nlm‘d upon him this duty, shoull Fisve onfemnlated or CARAeTE IS et dmplovas tion to deleaate the power of enfofn thie duty of counting the vote, which should then fmmed- ately' follow, to any oflicer or hody other than or different. from the one already iamad, and to whomn they have exp given the right to exerclee an important part of the powers cen- nected therewhth, The nature of the duty fmposed Dy the com- mand to count the vole precindes any Inference or implication that It wir Intended” ta e de- volteil upon‘any other than him who Is charged with the dm'y of o}_\nnlnu the returns, The in- Junction Is that ¢ The vote shall then be count. od” That means the entire vote, not a part of it No direetion {s piven to count part and re- Jeet part. The command f& percmptory, the duty minlster Tt «an be performed nsreadl- Iy and necurately by one na LY many,—hy the rsidont of thu Sennte ns by the two Iousesof Congress. Hence the absence of any necessity 10 the coutrary, that not upon the two onees, but upon him 'who Is charged with the_recefving and openlnrof the returns, Is devolved the mine isterial duty of connting the votes. Tt If alf thin be true, what necosely exists for the presence of th Sennte and Hoase of Representatives? Does not the fact that the opening of the returns mul the counting of the vole shall he inade in thelr presence ralso the canclusive fimpllention of power fn them to ie- clare what Yotes shall be counted and what excludedt A sutliclent and powerfal reason exlsts for thelr presence other than the exerdse of the extraondinary and dangernus power supposcd. Although the opening of the returns and the counting of the vote are purely ministerial and clerkeal functions, yet, I vlew of The moment- ong consequences possible to result frotm error or unfalthfulness in thelr perforinance, the pres- ence of the two Houges to witness and attest thelr aceuraey 13 of the very gravest Importance, But it by no means followk rom the constitu- tional commiand to be present and bear witness to the necurste awd fulthful performance of his duty by the President of the Senate, that they are thereby clothed with power to reetenin or supersetle bim i the performance of that duty Uy requiring him to omit or reject some part of ll’m votes which the Constitution declares shall then be counted. The Quty-Tmposed is to count the vate, uot to reject it. 'The'presenee of the two Houses Is to bear witness to and fnsure the performance of this Juty, not prevent it, Under the tests tirst glven the logic of this reasontug hecomes 'irresistible. Neitlier the two Houses, nor eltherof them, noruny oilicers thereof, ean “rightfully exercise ‘any power not delegated elther expressly or by neeessary fm- atlon. No clause del {:nl any power to, o devalves any duty whatever, upon clther 1louse or oflicers thercof In regard to the count- ing of the Flectoral vute except the cluuse un- der considerition, . But all aiid. the only power delegated or_duty enjoined , by this clatise Is to connt the yote—1ot to cuiivass it, connting part ol rejecting the reshlue. If, therefore, the ‘whole power so delerated was exclasively vest- cd in the two Houses, or either of them, fnstend of the President of the Senate, they “would be dothed with authority to do” no more, ‘wo less, ‘than what~ the Constitution commands snall he done, namety, that the whole vote, not a purt of ity shall th be counted, Wienve it follows that what the could not do or omit if exclusively vested with the power of _making the couni th cannot compel the President of the Scnateto do ur amit when clothed with the same and no other oF ureater power. Let mu now aufgcsg. some of the embarrass- ments that would result from conceding to the Senate and Tlouse of Representatives the fune- tions vt a Canvassing Bourd,with power tocount or rc’fut nt pleastire: 1. The two Houses aro separate, diatinct, nnil tidependent. organizations, rurfiunl i dignity, unthority, nnd sovercignty. Neither can be subordinated to the power nor merged i the ex- Istence of the othor. 2. Tlis tuveatiture with joint power to count or reject lmplies the right to determine the cuuso for and the oceasion of its cxercise. Ay thio Constitutlon nowhere fndicates ‘the caunses which shail fulluence them in the exerelse of the power, they must be_clothed with uncontrolled discretion to reject for any cause, or upon any pretext they may arbitrarily assume to exist. What ruls shall obtaln ou the hypothusis that thy power s Joint, and cunnot be mado éffectunt withiout the concurrenco of both Ifouses! Shall a disagrectuent fu rezird to any. vote require that it ehall be counted, or shall” such disagree- nient requiro that {2 be rejected? If the former ruleobtalns, then elther House, favoring all the votes cast for a majority camdl- date, can compel them to_be counted, and 1ts favored eandidate duclared to be elected in deti- ance of the opposition and protest of the other House. 1t the latter rule obtaln, then the non-concur- rence of either Jlouse In the connting of any yote will compel ts rejectlion. It would thus be ln the ?m\'er of either House, by dlssenting to o suiliclent number of yotes cast for the ma- Jority candidate, to ‘defeat the election of a President by the Colleres whenever politfeal or other motives might prompt the exerelso of such tscretiol Aguin, it cither House, by non-concarringinany vote fur any eatise oruponany pretexe whatever, could worl its rejectlon, it can be readily eon- Jectured, In case of disageecinent or contést be- tween the two Houses, that eacl might arbitra- rily and obstiiately rofase to conenr with the otier in the counting of any vote, aml thug work the exeluslon ot all. - OF either might de- cline to unite with the other, sud prevent or de- feat a count altowether. Let us supnore elthier continizeney to arise would It not wltogether dfent thio cléetion, aml render the constitutionn] chosing of President imposdibled That Instpument declares that the President of the Senate shall open the certiile cates, aml the votes shall then be connted, “The person having the grentest number of votes for Presidont shall be the President, 1€ stieh number be a unjority of the whole o ber of Electors appoluted; and if no person have such majority, then from the person hav- fnig the hlzhest wumbers, uot exceeding three ou the list of those voted for us Iresl- dent, the House of Representatives shall chouse tmmediately, by butlot, the Presddent.” Iv I perfectly apparent that o count of the 14 1 condition precalent to the chofes of n Presidentby the Howveof Representativess for {f thero be no vount, ILeanot be dechared that no pevson has reedived o majority of all Ui voles cast, Or f a count bemade in which by arbitrary nonconcurrenco all the votes b x- cluded, Bo that no candhlate shall be declared o have received any, it wontd be mipossible to indicato the thres receiving the bleheat namber of yotes, from amongz whoin alone the House |3 authorized to aho cholee. [t van be readily seen, therefore, that the concesslon of Jofut ) dlefnl or cunvassing powers to this dual sove elzuty niizht work the non-clection of o Presi- dent altozether, i1, wiupposo [t he mssuned that the prese ence of the Senate and® House of Hepresenta- tives ul the opening aml counting of the yoto l?’ the Prosldent of the: Senate be essentinl to tho texality und effect of his comnt, would not the nou-aitendance or withdrawal of elther in hke manuer work tha total deteat of or prevent acconstitutional eleetiun Ita count by tho President of the Senato eould bisthus defeated or prevented, it could nat be declured that uny canditate b recelved tho nafonty of the votes, nor that thore hnd becna fmlure to elect by the Colleges, nor could it bo declared who were the thres Trom whon the Hones might constitutionally choose, ‘I'hns the abstinate and arbitrary non-attend- ance ot withdrawal of etther House would, 1€ fta presencs wero essentiul, Worlks the pun-clection ol dent s any constitutivnal unner. 15 thits, it wwight Lo proher to conaider the attitide i whivh suedi recusunt dHouse would place ftself, £ its presenes ot the count Ve essentlul to the validity thereof, then it i obliatory ; I nun-essentlaly It is diseretionary, A1 thie former, then its arbitrary non-attenaanes or withdrawal would, In view of its resulting consiquenees, elearly place such recusant louse I revolutior attitude, ICthe latter, the valldity and effect of the count by the Pre<ldent ofthe Benate would be assured aswellin the wills ful non-altendance us in thoe underly preseuce ot cither House, But [uced not further purauy thess reflections. Thesy and mwany uther as uences willy from what 1 have in- t, rerlily sugpest themsclves to the thouehitful stateauian i Jurlst, ‘The elear conctusion reachied from thase con- shilerations f8, that the power to open and eout the Elcetoral vote I3 yested where th Constitus thon plainty lndicates, with the President of thy ate; wnd that in the relse thereof his functlons are purely clerical und minlsterdal, striv siniple duty of computing and uggregats the votessecelved by cach candidate, and déelaring the resutt, Iut 1t sy be weked, Las no power been dele- guted to vxclude or refeet false, frawlulent, or spurious certiticates or votes; or to distinguish shd determine between the opposiug returns of sival claimunts? Such power bas been del ed, but not to the Senate nud House of Repy setatives, or cither of them, Miufzterial functions, however shinple, eannot be futellbzently exereised without nfunmation concerning the thing to The power ta acylre suck Information, und hence to deter- aine when ft has been olitulued, is an fncldent of the duty to bu pertormod; otherwise ite | performunce woald b hapossible, ad Jurisdlotion 2o gseertaln the re- ps which sitall ba uj) 1, and deteymibne the ss whivh whall b counted, hereloie, dezed Vith aid wss? i first i b by Nt il ary charzind with dhe gl Aeith the Prestdent of tie Senate. The exereise of this nower is in the nature of orizinal )lmlulldlun of excenlingly limited scope. The offleer exercliling it mitat havo aat- fsfactory fuformation, and therefore prifia facte evalence, that Lhe retucns, Which he 13 come manded to epen and count, are what they pur- ort to be, amd what tho Constiiution requires they should he,—the jrenu andl honest re- turns of legally-appainted Electors. Hence, to attthoriza the counting of whal purporta to be the: Electoral vote of any State, ho must have vrlinn facfo evidence of the concurrence of the following fncts, viz.: 1, That the Ledstature of such State iag di- rected the manner fn which the Eloctors shall be appointed, <. That Electors have been appolnted In the manner thuy directed. 3. That tiley have performed thoe dutles cn- Joined upon them by the Constitution. 4. And that the certificates to be opened are the records of their proc When thesa things conenr, no discretion is Teft it to count the vote which the certificates contain, Tho highest evidence of the existence of the firat. are the statutes of tho State. Of theee the oflicer will take ofliclal notice. : ‘The certliieate of the State Executive ls zen- erally accepted as prima facle evidence of the due nppointment of the Llectora in the manner directed, ligher and better evidence of this, however, aru authentieated coples, under the ereat seal of tho State, of the oflichal record of the appolntment, or of the returus thereof on file lu the proper departinent, Of the third and fourth facts the certificates of the Electors, under thelr own elgnaturus, (s tho highest cyldence. In fact thelf own certl- fied lists nre all that the Constitution requires shail be directed to tho President of the Senate. Beyond and behind the prima facie evidence which these properly authenticated lists and ne companying documents furnish, ho cannot. 2o, Ife cannot_ Judieinlly Inquire hito the salidity andt sullleleiicy of the appointients, or touch- iIngt the eount, ing the antocedent fiucts on which this valldity ~ depends. To concede in him the rlght “to cxercisa such extmordinary power and jurisdiction would surrender the electfon of the Preaident to the uncontrolled au- thority and diseretion of one man, A the framers of thy Constitution wiecly withlield them from the Congresgy—a purely politieal body,actusted, it ""Fl"' be, Ly motives of ambition or partisan passfon,—so, Tor liko rousons, thoy have with- Dicld them from the President ol the Senate, vesting-in him ministerfal functions only. -But, 1t 1s uskeyl, kHas not onthority und jurls- diction been lodged In some tribunal to “jud(- clally Inqulre concerning the antecedent facts upun which depends the valldity of the vote to bo counted, und to instroct, control, amd dicect the' nintaterisl function of the Tresilent — of thy . Eenate fn to possible falee, frawdulent, or spurlow votes that may have been obtruded upon him, -and upon which his mere inisterial power 18 incompatent to puss correcting fudgmenti 10 such Jurfadiction has Lieen -delegated at all, it 18 not by the claures of the Constitution abave consldered, nor ta the two Iouses of Cotigress, hor-to the President ol the Benate, but nius Tave been delegnted Dy somo other clause to oo other tribuual, I think it may be assumed with eutire accuracy that ‘unless jurisdiction to o bobiwd tho 1ists as returns has been vested in tho Federal Judiciary, it has not been dule- fated 1o, aud therefore caunot be exercised by, uny officery depavtment, or. tribinal whatever Has 1t been delezated to the Judiciary | . Art I1L, Sec., 2, of the Constitution ordalns: #Thu Judicial power ahall extend Lo all case: In Taw and equity, srishug under the Constit tlon.” Whether this provision vests In the Ju- diclary pawer ‘to assume jurixdiction of the questions rulsed by the existing dilferences, and 1o what extent, will next be eonsidered. 1 offlces created by the Constitutlon aro necessarily Federal, nnd the Incumbents of gich oflices, however chusen orappointed, are Federal ofticers, The oflice of Reprosentative in Con- gressis Greated by the Constitution. Repres sontatives. are therofors Federal and not State ollicers, although elected by a kimited mnmber ot the peopte of tho several States, Tho oflice of Unlted Stites Souator 18 created Dy the Con- stitution, Senators are thereforo Federal of- ficers, although chosen by the several Stats Legistutures. The oflleo oi Presidentlal Elector is ereated by tho Constitution, Presdentlal Electors are, therefore, Federal, aud not State_ollicers, although appointed | such manner ns tho respective Stuto Legial tures may dircet. ‘They otliclally exist by vir- tucof thiv constitutional provision which ore dalus that Y each Stato shall appoint in_such manucr as the Leglsluture thercof shall direct, @ number of Electors equal to the whole num- ber of Senators and Rtpr-:scnlnlhm to .which the State may be, entitied In the Congress,’ They exerclse théir functlons under and by vir- tue of the unllsw‘uuul constitutional ‘prn\‘l.-luna which prescribe their powers and duties, They are, theretore, In the strlotest sense, Federd! and not State ofilcers, and ns such are aubject 2o the Constitutlon and authorityof the Federal Govornment, « The Constitutlon malkes cach Houso the ox- clusive judge of the elections, returns, and ualilleitions ofta ncimbees, The jurisdletion thus conferred I fur reaching, extending In the caso of Representatives to the qualifientiung of electors sl all antecedent facts offecting the riehts of the majority, and the falruess, hone unut valldity of “the election; and in thy case of Souators, to the constitutional character of the Legislature, und the futegrity of the means und fnfluence employed to effect theie cholees wid In the vaso of botl, to the personal qualifleations of the fncumbents, Jurisdiction of all thess questions Is oxpressly excinded from Juliciales nee,and they are therefordexceepte ed from the general Jurledletion of thy judiciary, *lu all cises of ‘Jaw and oquity arlsbiyg under this Constitution,!” Bat questions rezpeeting the, e turns, qualitications, und dutles Presdentiat Electors are not expressly excluded foom Jue diclal cugnlzance, Are théy not then made sith- {cul to ft under the general jurisdietion vested by, the Constitutfon b the Jidielary? Beyond the Hinited miutsterial juriadiction of the Presldent of the Senate, auestlons nifecting s right to recelve and open the certitleates und count the vote arse In respect to the quatides tions of thy Electors, the honesty of thelr r turn: Integrity of thefr npsmhmnvnl. con- thuig clalins of ppposing. Colleges, and msny others of kmdred chancter, the d which Invokes the coputzan. authoritative amd less subje pereonal ambitlon or olieer. 1 um not unnindful that the orlelnal Jurisdie- tlon of the Supreme Court {s quite lmlted, But 1y not thess questions ba_browght hefore the Jutfelary und made the subject of fudicial ine Yyulry by praper procecdings fustituted i the tn- erlir courta, ur application for mandatory or restrainfig orders pinfnst the Presidunt of the Benate, nud e theneo carrled on anpeal forth- with to the Supreme Court for nuthorltive aml final declslon by that august teibunald Upou the most mature rellection 1 can discern no serlous obstacle to, but the greatest propriety in, such procecdings, Allow ne to fllustrate, It s required by the Constitutfon that each State nl‘mll uppolnt Presidentinl. Electors s such manner a3 the Lepeistatur thereof shall direct, ‘The nminer of by uppolntiient Is thus remitted Lo the foverelgn divectlon of the Lewdslature, and 1s not. kubieet to Federal interference, suthority, or control. 1L may nrovide thut thele appolnt- ment shall be made by the Governor, or by the Leglrluture, or by either branel thereof, or by vapular ballot, or by uny other anthority or tribunad whatever, Tut wh the manner of 71 & ns, re- slon uf ol a tribunal more to the filuoncs of partisun bias than that appalntment has been preseribed by the Legts- Iature, the uppotnty to have lezal vabidity, must he iadu i the manner vo preserfind, A tied, substantinl departure from that manner whi viti- ate . Wha shall inguive whet her the prescribed manner has bheen mlwnntln!le— pursuedy Or shall Electors appoluted In disrerard of, such preacribed manner b pernitted to eaerclse thelr olticlal tunetlons, without fnguiry or resteaiut, utider national alithovity ¢ Let unexample be glvens Tt {s competent for the Le; urs of nEtatuto direct that its Prest- dentlal Etectors shall be nppoluted by o najor ty vote of all qualiticd citizons votlue within election precinets which ndesizuated Baard or tribmnad shall adjudee wnd deciire to have been uylnttuenced by truud, intlinidation, or violence, In such case” the finding and Judzment of the tribupal o comtituted Would form vart of the prescribed wachluery of ape pomtment, part of tho manuer” thereol, disected by the Legislature, 1ta slecislon and I honestly made, would not be sub- few by uny natlonal sathority what- e ey would be thu usyertiun vt & Sove eizn and excluslvely State right, Agzain, §o Ls competent for the Legislature to Alrect that fts Preallentlal Electors shull i poluted by & biajority yote of all fts qual citizens, Lo be ascertalial in the wsual node of conductlng electtons, The tesnlt of stich vlecs tion, §f honertly wnd fatrly con d und re- turtied, would be flual anl conclusive. But suppose 1t b atlesed, o the st case, that the uetlon and Judgment of the Returning Buard wero unjustly secural by gross turrge tlong ory i the " second ¢ hat “un appsrent but false quajority iud Fee red by gruss Trauds o the Lallot-baxs would there not be In citber naner of ap) Tuture, fu.juiry tons arisiigg Under the whether the appolntme the wavuer dire Led by t! rersired by that [nstrament 1 Wien the returas of an Elcetaral Coll Jegged 1o tutlonat Fent yuese ustituthon—questions have Leew made fn Legialature, a3 I3 al- have Lecu thus corrupily and uncousti- y appotited, 33 the uppO2lIG Feturus uf 3 are prcicnte | to vt of nate, he must rdceite or deeline to recol Agme that he declines them, or-one ret of them, s it not then com- ctent to apply to tho proper Federal Cowrt for a mandatory order compelling Iim to receive and count such of them naarg true and grenubne retarne of lemally-appointed Electors; or Il he ahall liase received then, 1s 1t not competint ta sue out a restratufug order compellmg Iim to reject such as may he ehown ot 1o ho the gennine returns of Jeaal Electors? In cither care, would not the door of Inquiry be thrown open ruflicletitly wide to reach bick and serutinize the antecedent facts and Infiaences nffeeting the validity and legalits of their ap- polntment, in 1lke inanner as tho judicil fn- uiry hy cach House of Congress touching the clections, returns, and qualifications of its own membera gives it jurlsdiction over such antece- dent facts,—with™ this difference, however, that the Inquiry woukl be subject not to fhflizesces of personal ambition, or the wncon- trollet discretion of partienn resentments, but o lhln !l'rlct and orderly rules of judicial fnves- tization Whether it Lo competent to go behind the Judiciat declrion of a Canvassing Doord, made in the due course of appoluting Electors fn the manner dirceted by the Legisiature, nnd set it aslde for error of Jinlgment alone, of whether it . can be hmpeached Tor corruption or frand on the part of the Board; whether an apparent major- ity _can be avofded for fraud upon the ballot- Dox: whether the Electors appointed have tho qualifieations requircd by the Constitu- tlon: and_whether tha ncts of such dfa- qualificd Electors have the legal cffect and valllity of an _ofllcer do facto, although not an officer de jure, ns have the Iaws enacted hy the casting voto of a Repro- sentative as Senator de facto, though not such de jure; whether tho certificates of the one or the other of twvo rival Collekes rhall be recelved and recognized in the count; whether the pres- ence of the Senate Hote of Raprescuta- tives, or cither of them, ot the counting of the Elcctoral yote be obligntory, or tiseretionary; whether, 1f 1t be_easential. the non-attendance or withdrawal of either will not nntlity " the authority to make, ond {nvalldate, the count} aud wlicther, a3 the power of the Hotse to choose a President depends .on the result of the ecount, its non-attendance or - withdeawal, §f its presenco e csaen- tial, will not placo it In a revolutionary attitude, and defeat the condition upon which alone It can entertain Jurisdiction to choose n Prealdent—nre all, with many others liko them, questions arfsing under the Constitution of mo- mentous natfonal concern, and which are pe- cullarly adapted to judictal” inquicy ond detar- mination on applieation to the proper court, at the proper thue, for an order commanding the President of the Senato to proceed with or ab- staln from tho exercise of some part of liis min- {sterial duty. 1t such Judiclal Inqulry be competent under the existing rmvlnluns ol the Constitution, ns I o convineed 1t {s, no amendment of that {nstru- ment s necess: In_order to vest In tho Supreme Coilrt, b¥ appeal, all, and the only, jurlsdlction which it ' ought to musert or exerclso over the subject. 'To Jeave the final nnd authorativedzclsionuf such mighty questions to the Preslilent of the Benotoe Is Intuizht with danger. To remit it to elther or both'of the Tlouses only augments the peril by uggravating its causts and “intensifying the in- Nuences producing it The Corsfltutlon hns therefore meroly withueld from them this deli- cate and dangerous power, , The proposition to constltute the sipremeo Judiciary, the arandest Lulwark and conscrva- tor of purity, juatice, lberty, and human righta the world ever saw, a politicul Returning Board, {s ane tha contemplntion of which Hils the mind with alarm. submitting to It - questions arising under the Constitution, in the des cision” of “which f{ts dlscretion s gulded Ly the Hght and controlled by “the authority of reason, precedent, and 14w, s but to Iuvoke Its functions n thelr legitininto splore, The authoritative maudate of its solemn finding snd Jndgzmient s In it a moral grandour. But the degradation of that august tribunal to the ofiice of n politieal maehine, with a discretion uncontrolled by other than political precedenits and partisan motives, does not present for its future that dignity, authority, and respect wliich-have crowned fts past. ‘Without impuiring these, and in the ondinary courde “of {udwlul proceeding, as herein sug- gested, all the objects proposcd to bo securcd constitutional amendment sre mnow .uttain- nble; mud every question, not remitted by the Constitutlon to the uncontrolled soverelgity of the Stutes, can bo mado the subject of eulr, ‘andl authoritative declsicn by the supreme judl- clary under uxisting provisions. ‘That the Congress has mo constitutional power to futerfere with or control the count of the Elcctoral voto; that it cannot nssert juris- divtion of tho subject by any act of loglsiation, or otherwise, and thas the eclobrated * twenty- fecond foint rule "' ls, [or want of such power, an absluto nullity, T am, for the reasans stated, tully convinced. Tor the same reasons, I am profoundly persuaded that the Presidont of tho Fenato ean exerclse nono otber than the 1hnited winisterial functlona Indicated, And, althouch Lo not unaware that 1 tread on debatable gronnd, my convletion 13 equnlly elear that the Julsdiction of the courts, us suggested, §8 un- qu;:n(lhmnblu aud ample for the emergeney now existing, 1apprehend it prolable, however, that en Judieiul proceedings ngalust tha President of tho Nonate it would ho held by the Court that many of the alleged canses of existing complaint have heen reinoved, or that tho thne within wiielt they infzht have been remedied has fone by, Notlifng Is better settled than that the appointment to an office of o dlsqualificd person constitutes him the de facto ncumbent thereof untll vocated by Jjudzment of ouster, resliyna- ton, or In somu other proper mode, and that thy oflicial nets of such cumbont, done I the oxorclss of his oflice umder color of regular npoolntment previous to votes or resly: matlon, are valld and. binding, This questle was Judicinlly scttled -tn ‘South Curollus pinuy years azo {n the case of the anpolntment ‘of & supremy (udlefal offieer {n direct eontraventlon of the State Constitution, It wlil hardly be elafmed that the elovtlon of n United States Sen- utor by the caatinz voto of & disqualifled yerson, holding the seat and exerelsing the ollica of Ntnte Fenater, would for that renson be vold, although such disqualified person might be subsequently ousted, [t cannot, therefure, ho seriously assertod that the clection of u Presi- dent by the vote of & disquatiiied person, holil- T and exerddne the oflive of *Presblential Elector, under color of reszular uppolulment, i vold, The cases are analowous. Tho ofliclal nets of each ure the ootk of u de fuctofuenbent, and as such are effectual and hindinge, TBut even this stute of facts fs ot provented by the existinge compliention, Although lewal praceedings were not [ustituted against the se eral Eleetors alleged to have been disqualiticd Inorder to vacate their oflices by ouster, as it was competent to have done Lefora they e thelr functions, yet vacancles were as elfectually created by resignation snd retilled by rezulur appolntment, which it was allks coi- petent to do, - Objections on the seore of dis- qualiieatfon have’ therefore been effectually re- moved, For llke reasons the thne within which the [ regularity. of the appolntinent of othiers assured to havo “heen frregularly made migzht lave heen (nquired Into would be Leld to huve gone by, Before lhc{ exerciand this ofliee it was com- petent to judielalty Inquire by what warrant or wuthority they assimed to do so. But, hay! perlorned their oificial functions undor color ol reeular appolntiment us du fucto ollicers, aind ecome functl otliclo, it 18 now too late to ques- thon thelr authorlty or the valldity of thelr of- fleln) wets 09 do facto Inenmbents, Whether these views bo correet or erroncons, would bo disrassed and passe:d upon fus Iy i procecdings agatist the President’ of nate, oid, unless for the gublance of the futwre be evolved sud laid down by the Court, But T have extended Uiese observations alveady too far, I wim not vatn enough to sups Holden and McCaffrey Rise in Their Wrath. A Committee Appointed to Invess tigate Ayanrs and Fitz- b © gorald, Becatise Thoy Btopped the Payment of Bills from tho Wrong Fund. olden Talks of Resigning, ani Is Solie- itous to-Protect the Credif of the Connty. An ndjourned meeting. of the County Dom was held yesterday nftcrnoon, Commisstonet Holden In the chale, The full Board wos pres- ent. The Becretary of the Washingtonlan Home nsked that an order be passed suthorizing tho County Clerk to draw an order on the County Treasurer for the balance of the licenae per- centago due tho Home from the county. Re- ferred to the Committee on Licenses. The offcial bond of L. C. Huck, as collector of taxes for 1870, was referred tothe Committee on Finance. d The communieation of Recorder Brockway in reraid to lils help, which was published in Tue Tminung, was sent to the Committes on Records. The County Agont reported that the extraor- dinary rush of applicants for rellef had increased the amount of Iabor to be performed by the em- ployes of the ofice, and requested that some - exira remuneration be allowed them. Referred to Committee.on Public Charitles. Jo number of other communications, bills, ete., were referred to appropriato committees, SELTON'S BILL. As soon 08 the order * Communications and Petitions " had been disposed of, the Clinlrman rose and addressed the Board as followa: * (len- tlemen, ot our Inst meeting ‘the Board: ordered the payment of threo biils In favor of Mr. P. J. Bexton, our contractor for doing work at the Hoapital buflding. One of lie vouchers was for §3,825, another §2,551, and tho'third §240. This morning Mr. Béxton tanie to me nnd réported that the orders had been dishonored,—that he Diad presénted them at the County Tréasurer's oflc,and payment waa refused. - I ininediately weiit to the office of ‘the County Treasurer to ascertain on What grounds “the orders of tho Board had been dishonored. Tho Assistant- Treasurer told e, first, that he had refused payment at ‘the request of the Finance'Cummit- tee. I remarked ‘that ‘1 “could’ ‘not sce how that could . be, Innsmuch “as the Camnmittee * had ot been. in. scssion on the suhject. Mr. Beye then sald it was at the request lu writing of two members'of the Cumi ‘luce. I nsked tosco tho paper, and ho showed mo o written' request not to pay the bills from’ tho general fund, n{izuml by Commis- sloners Aynta and Fitzgerald: Ithought this was a strange ‘procedurc on the part of those entlemen, and I deéi It my duty now tobring t 10 your notlee, that you may take such actlon a8 you may consider necegsary to protect the crediy of Cook Cowity, 0 the eud that Wiiene _ever an order I8 drawn on aspecisl fund, {tthére is uny moncy to its aredit Lo meet the Wdebted. ness, the till shall be promptly pald on preacn- tation, 1f the account ls overdrawn, the matter should be arranged bn sumo mannér so'that the credit of the county shall be {u nowise Impatred or jevpardized, COMMISSIONER. PITZOERALD rose to explaln his action. e snid: I took this step thinkiog it was for the best Interests of the county and city; had I thought It would have been detrimoutal to those interests T certainly “wduld bave refrained frown counseling the non- paymont of those bills, But, so far as my kivwledge exteuds, I think that it Is prnqur for payment for bullding contracts to be made out of the Bullding Fuud, ,and no other. At thy thite'the report recommending tho paymugnt of the bills in queation cumo to this budy, 1 told the Chairman I would not sign it becanse the orders were not drawn on the Buflding Fund, [ luse ng (11 will toMr. Sextan in this tuatter, nor do I want Lo Turt tho county's ercdit, I do not thiuk I have gverstepped my duty. 1f the mat- ter was up bufore thoe Board'agabi, I should cer- tauly vote against {t. Thero ls but 858,000 to the credit of she General Fund, and wo audited bills_ which properly snould come out of tha Building Fuud at the last meeting amounting to uver 320,000, and others toxlay. umonnting to #6,000 or §,000, Which f Is purpased should be drawn out of that little fund. " Now, I think it is my duty to luvk alter the sundry accounts that'we have to pay from week to we TN port. of our fnstilutions,~—thoe Insane-Asyluu, "our-Houae, ilospital, ete. I think itiwoald b better to pay thuse actounts, and let Mr, Sexton ait two or three weeks until wo can makdsbing arrangements Lo pay his claims without jeopards {zlug tho interests of the county, MGAVFIRY, Commissloner MeCaflroy—If the gentlemnan was not positively sure thut ho was ““‘"lf vight, 1t would liave been an casy watter for him to have sought a little fnformution on tho subject. He certalnly did not save the eredit of the coun- ty by takfuj the step Bedid, A member of n former Board undertook to legislate for us the samy Ak o gantlemen” waut o but ~ he eaw his mistake, and - re tifled It pretty quick. If the gentlemen think they .ore going to lemislute for Cook County, they are sulataken. Mr. Bexton can take that paper and sofl It on the street, or o cun turn it juto banker's collateral, and that banker will present it, and the note will go to protest -on the part of the county. If they wanted W save the county funds, it would have been wn easy wmatter for them, In conjunciion with the othier mewsibers of the Finnnce Con- mittee, to induce Mr. Sexton to withhold the ander for awhile, But when o majority of thix Board passes an onler, no individual has the right to «o wud say thut it whall not be paid, 1, therefors pove that, In view of the actlon taken by Measrs, Fitzzerald und Ayars, the Chalrmai bo authorized to reconstruct the ¥ nancs ‘Committee. Buch a proceeding was en- tircly uncatied foron the purt of uny member, and T think they owght to bu censured, Cummilssloner Fitzgeruld—The gentleman speaks as if he was thie” financler of the Board, but I don't think he ls yny more o tinancier tha anybody elae, Weo dlid not do this by oursclyes. Wa were requested to do it by tho Asslstunt Trensurcr. Mr, Beye sald the Board had passed an order which wusnot quits luwful. He sald the order ought to have been made on thy Bullding Fuud, Iis cxplunation wus satisfue- tury to e, Tho Chiafrmdn—Don't you Lkuow thers was no moncy iy the Bulldins Fiund! Commlssioner Fltzigerald—That is oue rengon why you should have stated the fact when the resolution was upon it pass: { you dune 80, many of us would hav en enlfgntencd, and we wonld not lave voted uy we did, § pre- stune, however, Ib Las gous oo far to recall now, ONB WORD TO MH. M'CAVPULY. Comuissionor McCatlrey (In tones of warnlng) —Dun't Apeak to me; address tho Chalr, Commissioner. Fitzgerald—You spoke direct tome, sir; and Iwish to address a few wonls direetly to you, I stand hero ready to by con- sured {or auything thut 1 may do s 0 member of this Hoard; but I do not thiuk that b this Instunce L havo goue beyond what T huye the pose that they will be accepted nd o solutlon of oxisthiz complication ¢ they whl utford hints or suwzeestions which may serye to lead your mniud to the cvolvement o1 such olution, tny ambition Wit bo satlal T have the Lionor to be, yours truly, th great respect, W H, West, 'This lu n Republic 1= Pinama Star ant Heratd, Vieente Ilerrere, Provisionas) President of the Tepublic ot Costa Rica, has publiled the fole lawing: Convidering that In tbe abnormal clrcumstances in which the Datton fs found, public ordvr is of 1na Urst peccasity, und thiat whatevee taay tend (o dlse urh It must e avolded, expecuily U exconees of whilch serve ouly o suw discoid futng xCiu Lo § aamiond, aud uligone D eatsof the countey. ' fn use of tha ors with whlch 1 s fvested I decreot + ‘Flut wo hook, pzuphlet, nuber of Ser or wappleuicns to oiie Ay-abeel of Wwrbing of aby kin er, can ba' publisbed without the presions o abof the Secretary of the futenioe 4 In order thit that which fwdecreed In s article rball be falthfully casried out, It {3 obiivulory un the ownerof cvery printing villee, o¢ the dlecetor of auch ou eatublisinacnl. tuat no priuted watter of avy descriptiun shall by UL I circlitatlon unless the frst proof uf the eame han had auch upproval, AGT, i Any yfrictdon of that decrced In the forsuing aiticlesubzll be sntlclent mothve o onlee the clodtie of the respective penting officed with- out peveating the iction un tho “trauvgressars ot s e walel shall 198 b Jess Shuu 330 wor cecd §1,000, according 1o the case, or Imyri the for went'of ‘not bexs thun Bhtecu-dayw, Bof o vxcevd une year, Aitr. 4, Ty speciSod punldmonts shall be up= pliad econamlcally. (lven lu thy Natlona) Palace, Sen Juse, Aug. 11, . ¢ IXcENTE Husnsua, | S0 Lizado, Everutary of the dularior, Jeunl right todo. 1 should like to-ask Mr. McCallrey what we should be censured for, Commissloner MeCaffrey—1 think thy Chalr ean tell vou, ’. The Chatrmau—The Chalr has made a atate- ment to the Board, sud they can tako such ace tlon for tho poyinent of thuse bills as they deem Lecessary. Commussloner Fitzizerald—I supposo it woull sutlafy the gentleman very much L his motlon should pas. Mombers have tried to get o to wien reports of the Finance Comnmitteo suthors fzing the Issue of more bonds; but I would not du it Tlic Chalrman—The Chair uoderatunds that the order of the Couuty Board upon uny fand applicable to the payment of that order {4 proper—is caumot be guinsald, Tiw Board ara the judies of what fuud shall pay any and ull the bills tuat como before them, “Belure uctlon wras had un this report members kiew that the Building Fund was exhausted, aod the Coinmily teo nude the DUl payable from the generul funl, aud the only fund applicable under the cireuustances. ‘The Clialr thinks the two men Iers of the Finaneo Cuinmnittes mude o scilous error in doing as they did. » Whea an order has been acted upon futelligontly, as thut order wus, and the money was enicred puid by the unaniious vote of this Board, the meinbers bave uo rizht, indfvldually or mllecrl\'cl{, o set up thelr judgmeut sgulnse the acts of the n.,us pertaluding to that question. [ jegict exceodiogly that thiy action was taken Ly Coms . mbssiouers Fiteguruld and Ayure. AVARY. Commusslouer Ayurs—1 belleve you stated Just now, Mr. Chairman, that the report diret- td that order forbe druwis on the Geueral Fund. Ithink you ace mistaien. Noo mentiou waas mady of The fuud 1t shunld Do drawa” azalast, You wleo atated that this Board yoted Ing yeutly vu the quastion. T dun't thlak o @id vote Intelileently, Talows fhink'the majority of the Board had any Idea that the bills were 10 be paid out of the Geneeal Frud, Tlhe Chalrinun—Is thera any other fund to vy it from | Dot & Commlgsiomer Avara=I do not think there It we cotild allow Mr, Sexton the vouchers withont paying, Whed Tiveafuformel that the orders wers deawn azainst the Gieneral Fund, Wt there minet Lo some mnlstike, and on looking at the report I faund thore waj hothihe entd abot what fund the mone§ should bedmwn from. 1may hare placed tiyeelf in an awkward and false"position, but i€ T have, T cannot help it. T elid what I thonght twaa right, and for the best fnterests of the county, o tend that we have no right to pay bullling con- tractors from the Geueral Fand, ospeclaliy when that fund {8 alnost cxhausted, That'ls the only fand we have for the support of our rufTer- Ing’and starvinz poor. We have three months togo to the end of winter yet, and, In view of the little ohey -fu the Trensuty, T vongider ft unjust to pay contractors, out of the General ]I-'u‘nfl, and.‘leave the suffering poor without help. 3 g Commissioner MeCaflrey—DId _you request the Clerk of thic Bourd ta Withhold the orderi Commissioner Ayars—No, sir. Comunissioner “McChifrey—Did you thera Was a meeting of tho Board Loday 1 Cominissloner ~ Ayars—Y but I"thought Mr, Sexton the order, L;%'mmlsll r McCaffrey azaln anlmadverted on the PRESCMPTION OF INDIVIDUAL MEMDERS endeavoring to fegislate for the whole Boanl, There appeared to be a concertelt move to fm- balr the credit of thocounty, which was not fn thie bad fix that certaln partfes would have tho public suppose, Comuissiorier | Fitagernld supplemented the remarks of Cominlesiuner Ayars fn rezard to there bolug nothing sakd a3 to the fund to be drawn agninst. ‘The Chalrman of the Cumimnit- tee tht reported the bills expressly sald that Mr. Sexton would not draw the tnoney, but wonld ecll thie pper on the strect. - With re- ganl to Commissiouer McCniTrey’s strictures, he would tedl that gentleman hie was not going to bo bulldozed by hin. Commisslonér McCaflroy (warmly)—And I don't proposed to be bulldozed by you, either; Iwant you to understand that, Commitssloner Fitagerald (with a significant gesture)—I can toke caro of miyself, Commissioner McCallrey (Imitating the afore- saldd geature and elevating his vofce to “an un- seetnly plteh)=Well, Tean take care’'of myselt and you, too. Commilssivner Fitzgerald (declsively)—No you can't; not one slde of mo you can't! 'l,‘onuulsslmmr McCafréy (doubtfully)—Can't Commlssloner Fitzgernld (with greater em- ‘phinsta than before)~No. sir. Commissloner McCaffrey (prepared to back down oa tho slightcst provocation}—\Well, | :luu;z Ppropost to pay any atteutlon ton blow- hrd. Commisstoner Fitzgerald had also bemin to scare nt his own florcencas, but scelng McCaf- frey’s reluctanco to * come on," he blurted out, ;'l 't'llcru arc any blowhards fn town you are ne. Before McCalrey could reply, if he Intended to do, Commijssfoner Conly moved to appoint u romitice of three to . INVESTIOATE TIE MATTRR. Cammhsl_uuer McCuffrey accepted the amend- meiit, Commisstoner Schmldt cxplained that the ‘Connmittes who reported recommending the rymont of 'the bills knew thero was no uioney n“the Building Fund, No question was askeid as to the report belng made on the General Fund. He, therefore, did not designate the fund -fn “the report, but it did not matter what fund ‘tho_woney wus pafd out of. Whun the Building Fuud was exhuuated, the General Fund should tuke care of bllls aguinst it, Cdninissioner Guenthier did not think there wasany oceaslon for censuring the offending members. A great_many bills had been pafd ont of the Ganernl Fund “wlilch never ought to hinve beendone. Bealdes, as the gentleman lnd acknowledged the thing, e saw o use in n- vestigating, Tle'moved to lay the whole mat- ter on the table. ‘The motlon waa voted down. After somo further discussion, Commissioner Conlv's motion was put und carried by the following vote: Yeas—Ayars, Bradley, Cleary, Couly, Hoftman, Sawrer, MeCaitregent, | Cone Couly HNitya=--Curroll, ~ Guenther, Mulloy, Schmidt, Senue, Tabor—u, The Chalrman—Well, gentlemen, you havo Tind consfderable diseussion, but_you have not ‘r’nuchfd the maln question—whiat should be one to know TROTCCT TIE COUNTY’S CREDIT In the matter of the payment of those orders. Conunissloner Fitzgerald—It i very casily rotected; by withdrawing the two signutures o can o and get pay. 1 don't sce the neces- Bity of making further trouble, I cannot see why payment was stopped, ns weo were the ouly two members that sigued the request. Nothiug has been done which tan kil angbody. Coramissloner Ayars—1 canuot see why tho Tressurer could not pay the toney wlhether our elgnatures ary there or not, Commissloner Conly—Will the gentlemen withdraw thelr nomes Cowtnisstouer Fltzgerald (hesitatingj—Wall, I think I would rather be investigated bow, Commnilssioner Ayars—Ol, yes; let us bo in- vestigated, Comnmissionor Cleary (to Mr, Fltzgerald)— Why didi’t yoa vote fur an investigation? Conmnisstaner Fitzzeruld—Tecause 1 dld not think It necessary, (1t had been to Investi- g:tu Fou, Lwould have voted in the aflivmutive at once, Commissioner Clcm'f—-\\'ull, 1 voted to inves- tlzate you,and 1 will do it ten thmes over, [Langhter,] ‘There may be a thne coming when ‘Ivo vrI ltl lui( h hiave to be fuvestlgated. [Kenewed auchter, The Chnfrman—The Chalr Insists that the caunty hus to bay its debis. Hero 18 an order drawii an the Treasury, and puyment Is refused. Now, I auy two mcmbers are to block the wheels of the Government 1 shall resign this position, 1€_you are golug to lluw thst to he done, Thave Vieen your.Chalrian Jovg enough. Commissloner MeCaffrey—I don’t see Jow you are galig Lo help It ‘The Chintrman—There 13 an effort put forth to CRIVLLE THIS COUNTY GOVENNMENT In {ts wovenaents Unanelally, It made itsop. pearnnce first 1 1lie matter of fssufue honds. Ve huvo had the eame rizht to lssue bonds that we have had slnee the llre, Neverthelees, the question of valldity was rafsed snd the Bourd Tian taken the congervative side of the quustion and deellued to olfer any mora onds untll the polut 1s declded by the hishest suthorlty, here belng 1o means Of replenlshing the Bullding Fuud at present, it wus within the provine s bll}s out of be d » What the Chale y When the ¢ biils ‘created by your duesires i3 to kuow wheth dered tho ruonoy pald, you ure golu dono or not. 1 this thine 1316 ne carrled: much further, 12 the South "Town taxes ure not to be cotlected, ss present appearanves ndicate, I, for oue, umi fn favor of closing oho of the l»;n‘lllmll of the Hoapltal, of elosfiuz the County Puor-iol nknull the County Awment's ofllee, closing the Nornal School,—fideed, catttng off every ftem of expense thut we can possibly eet alone without tneurring, 1n order to keep up our credii and to protect the Sk Fund 2y re- quired by Inw, At the same time, 1want cltl- zeny to understand that we nre driven to th! The Collector of the South Town cannot get his huoks for some reason beyond our coutrol, 1, for one, wn willing to meet the responsibillty, Itisa grave responsilility to turn these pos people fnta . the h . cantiot do othierwlse not pald a3 we Dass i3 for you to say whether ot tions shall be closed, vr W you will, us beeames wen, tuke some measures und do the best under the ctreamistances. Commissfoner Schuntdt moved that the Coun- ty Treasurer e dirceted to pay the vouchers passed upon at the last mectlns, Commisstoner Fitzgerald—Delore that motlon 15 put, 1 wish you to say o few words. You [tho (ihulflnun] suld you would resizn your posl- thos— The Chafrman—1 wili do so, Comndssloner Fitzgerald (continuing)—Pro- viding we did uot do certain thl 1tdoes not ciu Teasonable et any two members should clug the wheels of the” Buard st all, 1n vie of what has been sadd, we must by looked upon w1 bwo great micn,—two of the strongest that have uppeared here. Why didu't the Chalrman uud hls fellow-members 100k far_cnough abead toayuld th present condition of uifairs, The funds woulid bo in a aiffercut condition to<duy bud the old Board acted with prudonce and fore- thouglit. “They rushed up bulldings, and now that we have them thers 3 scurcs o cuiit Lo carry then on with, ® Comtnisoloier Ayars—1 thiule thy effort to erlpple tho fuances of the county dates further bavs thau this houd business, I1 thy Board had at ull prudent they would huve deluyed the erection of certain Lusdiings. Counalsetoner MeCallvey asserted that this whole moveeut wos gotten up to enable Mr. Huck to wuke o showiug us an cconombst and Gyancler i order Lo securu ye-election. Tho matier was discussod further In s gencral wanner, wd the wotion of Cunmissioner huildt was ultgtely put ond currled by 14 i uays, 1—Commdasiuner Ayp a guestion of priviies Comuwmissivner rald padd 4bat County-Treasurcr Muck nothin of fhicke sction i this watter, The subject then dropped. MISCELLANLEOUN ' The Coumlttes wu Flusuce teporsed that they you had examifaed the sermbannual reparts of {1, Clerka of the Ulrealt and Sngorlor Coudte, which shoircd the following cxhibit: Circhif Court—Toatal receipts, §21 151255 expenili. turce, 80,070, $11,43050; “balance dus Cook Counf erlor Conrt. fal're-eipts, 816, res, E11,245. tmlanve dug : Tho ntatements were cor. reet, o o Committes recommended that the Clerks e directend to turn over the halances e to the County Treasurer, Coneurre] fn, Titls amounting to $1,718.03 and 315,000 wore ordered pafd on tho recommendations of the Cnmmluc\l-n on [ospital and Public Charities, respoctively. The Clhalrman appofnted Messra. Conly, Hofr- man, and Clehry ns the apecial committee to fn. vmf] ate the actlon of Messes, Ayars and Fitz. gerald, . Commirstoner Fitagerald submitted a resoly- tlon fixing the allowance of the 8herifl for feed. fu lvrlmncri at the County Jail nt 20 conts yer hiend pér'diem, The whereas" stated thay oy tho Etate Penltentiary tho dieting of prisoners coat L14] cents per bidad s the State Insane A Tam, 14.52 conts; the Central Insanc Asy !vl.'i:icenls: and Soldicrs’ Orphaus' Home, 13,531 cents, Whilo this resolution was belng diseussed, on mofiom f Col. Cleary the Board adjourned jo Monday. . cpran STy T e Sty o e oSty eCeopa ot 1 capial, FveSunday ath & . '§ any, Oy oReepiel L de CHICAGO & NORTHWESIERN RATLWAY. Oitices, rheat. (Sierman Houke) and 7y anil u: the depois. aPactfic Fast Lin aiubugue Day abubugue N isht E i aEraepts HoabEi & i GESeTEouEE & Dy ShiFehn e Fank Saf bMliwaukeo Exprosy LMIIwank: Lyilwagie Stireen Bo) T vl & T insienia, == 4 Kinzie:sts, :MINRIGAN OE 04D, Dot ML e ot o AT A cket-otfice, 67 Clark-t.. southeadt. €armerof iiag: _dolph, Grand Vciiie b nd ac ialin Teave. Ta=Derot co € Wells and b=Depot coruer of Canal and Jait (via statn 20d Al Lino).. Doy Exnres, Kalamaron Accommiodnt Atlantic Exnress (dnlly) Night Keprow, 4 Saturaday ) CHICAGO, ALTON & 8T LoD HI0A00 KANSAS'GITY & DENVER GHOI 100y e s Buld, near Miboneit. urid Depot, aud vy Waniblon-at T i L Arive, /8 4000, m, r leons, K Ullikm?nt Paducaly sllllmr Lacon, W dotiet & bwignt' Ace LAKE SHORE & MICHIGAN SOUTHERN, i.eave, Mafl, via Main Line. Bpeclal N, Y. Ex; et M| Hak ), Aecomtmodation s i1 AHA b : NG Exiroses bR g a0 L AT e senenpney HOEZD Y, M U100, he UHIOAGO, MILYAURER, & 8T, PAUL RAILROAD. Union Depdr, eoener Madiyun and Canal-sa. 1 ced Dlice) (sibouth Clark-at., oppusite Bncrmaa louss, 50, m.| (073, m Yiiwaukes Rxgrem. Witcomin & Miuncedta Tiro Dy Exprem. Wircogsia, oy *10:008, m, [¢ 4 FO1B EXTRM.. oo :03p, . [° Wisconsin & Midaéioia i Night Exnres. tn:39p, m, [t 7:008. m. Alltralnarun vin Milwaukee. Tiekots for Bt Pial and Minneapotis. clther via Stadison an't Frairia o good 4u Chlen, or vis Watertown, La Crose, and Winona. ILLINOIS CENTRAL RAILROAD, Inl\zl O Lake-st. and {hot of Twenty-sccond-at, Depot, y kot Ottice, 121 RANdOIpNAL., Near GiaTk, |_ieave, |_Arrive. Bt. Toula Express, R Louia P 0AGO, BURLINGTON i, Toot of Lako:st., Indlana-a; st aiid Canal and Slxicentliats. Clurk-st,, und ut dopote. QUTINCY ' RATLROAU, ¥y, A0 Blxteantis Hiekor OBices, 55 Arriva, Malland Fxproes, 3 OLLewn any btreat Hockturd, Dubuque & nloux Aurora Passonyer (i Jubtigno & Hloux City Exp.... facinu Nl Exy, for Onuilia s s o Ta03, mi Howop, m:ls 6iadal g f10:00p, m. |t 0 110, m. I ¢Ex. Bunday. 1Ex. Satirday, $Ex, Monday, CHIOAGD & PACIFIO RATLROAD, Depot corner Chicogo-aveini iad - Larrabooestrs 1';-_:|_m olice G Claik-wtrec: Tairalap aiisel. Tlgin Pasenger, Tivrun Ty ally. featurisy excepteds BALTIHMORE & NHI0 RATLROAD, Treina leayo fiom Exposition Buiing, Tost of Mone Joesat, Cleket-ollicus: K3 Clark-at., ajuer House, Gruni Puctie, aud Depot (zapo. Atuliding). Morning Exprpss. i o T GHINAGO, R Deput, cu Ty, S BLAND & PAGIEIU_ RATLROAD. of Vun tharen und Sheriuan-sis, Lledes Mo 06 Clurk-st., l'lll.'rlfil Housa. [_Amive, Omaha, Leavenw'th & At . S0, e Lern Acvornnodation.. VI 1ne Nkl Expresd PESEY it Sarts T gake krent ylessura u pecomunendis to arentatho Avadeiny ot Medta of Me, Bwithin C, short- lad ait uipari Lty fuF s eral years past w innner In which tils Acadving (v v woll a Fhe deportmens of U pibiie i nd s sativiled ihat ol g sl i u 18 ) furt Lk {8 necloviod whl al uid woral devel Young Men and Doy (s 12 mil lelpiln, e u Vear for ogrding, ¢ &r., K uvubly chovilug_oks, &e. Ehuesen mtdents admiried ut 1 indivhiunlund vlaa struction tor kward pup mbintg the advan- nal-roain delll, Tou e, Medly hos thtted thy ieturs of 5 H el cityy WITIHIN G Universits, As M., Medis, § BISHOP HELLMUTH COLLEGES, LONDON, ONTARIO, CANADA, Afford the hlshest Intellectual and Chrlatian edus catlon 10 the ko und daughters of gontlemen Bt very moderate charges. : ho Colleges are one mile apart, and are both suppiled witls mn ablo statt of experfonced realdent European teachers, HELLMUTII COLLEGL (BOYS), 230 per annuan, lncluding all churges. HELLMOTH LADIELS' COLLEGE. £330 per sunum. Teduction tatlorzymon. Yearly scholarships o1 very sdvantageous tera, ppiucipal snd Chapluln—Tiev. 1. F. DAY LAKE FOREST ONTVERST TUE COLLEGIATE DEFARTMENT will ent on Ity Secoud Term fur 1876-'57 Jun. 8, 1677, I Iutormation address . W, PATTERSON, b, ] PIE YOU Hally wili Ji & 1837, U LL, Prosident, o Forest, 111 ARY i BEML uter on tha Second Term for S AT N} LADIE: Adlress ipal, Lako ¥ Penusylvania Milifary Acadomy, Chester, Delawars County, I Susslay Feopens Jun. 1. Hor Circulars niply ¥ FOOL iz, BYRTE, Freieit by i = N