Chicago Daily Tribune Newspaper, January 6, 1877, Page 8

- e " T ELECTORAL VOIE. ';Wfiq to Count It P " Letter from Judge West, of Ohio, { .to ‘Attorney«General Taft. o icanfml Has No Constitutional Power . to Interfere with or Con- it trol the Count, i Ths Dity of Making the Count Is Pri- . iibrfly Lodged with the President «® “of tlic Senate. " . But the Bupreme Judiciary Oan Inguire ~into-and Decido upon Eleotoral Questions, Aud Has Unquestionable and Amplo Jurisdiction “for the Rmergenty Now Existiog. Spectal Correspondence ar The Tribune. Wasumxaron, D, €., Jan. 4.—Tho follow- ing letter from Judgo West to Attorney- Geaeral Thit, contalning an opinion on the Elettoral question, will be read with interest, as Judge West Is considered one of the most eminent of American jurists, and has given the subjeet acareful and exhaustive study: BRLLRFORTAINE, O., Dec. 19, 1870, —The Ifon. Alphonsa Taft, Altorney-tencral—Mx DEAR Stns - Our plensant relations during a brief sojourn in iyourcity, and n'prifound scnse of your devotion to:constitutfunal riglits, furnish my apology for addressing you. * Wiiat powers inay be exercleed, and by whom, n opening and rounting the Electoral vote for Tresident and Vice-Presldent, and when the House of Represeritatives may clivose the Presi- “dont, Ate matters just now witeacting much nt- téntion. ‘T proposcto consider these as original quéstions In the Nuht of the Constitution alone, without reference to the precedunts or pructico of former years. ‘The Natlouai Governinent is one of exclusive- 1y delegated powers, Its several Departments *, nhil oflleers, in the ndmintstration of thelr ordi- nary. civll functious, can vnly exercise such asare conferred either by ¢learly expressed or “*necessarlly Implied delegation, Applying this touchstono’ of iuterpretation, all doubts und differencea ongbt to vanish and disappear. ‘Allow o to reenll your attentlon to the pro- yistons of the Constltution Learfng on this sub- Jeit, which arc ns follows: 2 Fach State ahall appoint, fn such manncr aa the Legislature thercol may direct, o number of .Electara equal to the whole “number of Senators and Represcntatives 1o which the Stute ray be en- titled [n the Congrens: bt no Senator or Hepro- sentative, ar pereon fiolliig an_ odice of trust o prodt hnder the United Statee, shall be sppointed » Blactor, . Tho Klectors shall meet in their rospectlve . States, and vote by ballot for iwo persons, of *” whom one at least shall not Le an Inhabitaut af the * Rame State with themeclves, and they shall makes « Mt of all the persons voted for, and of the number of voles for encti, which llat {liey shall sign and certity, and transmit realed to the seat of the Gove crnment of the United States, dirccted fa the “Tréridehtof the Senute, Tho President of the Fenatenhall, In the jiresence of the Sennte and THupae of lcbresenlatives, open all the certlficates, and the yotea ahall then be connted, 'Ihe pereon having the greatest number of yotes whall be Presl- dent, If such_number be n majurity of the whulo numborof Electora appointed; and If there ho more than one who have -xuch majority, and have nn equal auihor of vates, then thy §fatso of Itep- reecntatives whall imucdiately chouse, by ballat, ane of them for President; and Jf no person haye o wmajority, then, from the'tivo hizheston the Tist, the eald House shall, in Jike manuer, cinode the Vresident. Dat, In choo~ing the I'resident, tho votes ghall be taken by States, the represcutation from each State having onv vote, .. Veyy grave diferences, arlsing out of recent ., and*ext<ting “complications, have made these = provisions the subject of minch controversv. On the one hand It 13 contended that the power to " contrul the count and declare the result of the Electoral voteIs vested in the two Ilouses of Congry that upon oblection to the vote of any State, or of any Elector thercof, by vither House, it shall be rejected; that tho cindidate recelviug winajority of the unrejected voteshatl b the Presldent; aud that {f no canilidate ro- celves sach majority, the choleo of Prestdent stiall dovolve . upon the [louse of Representa- tves, Ou the other hand, it {3 Inglsted that the Presilent of the Senate 13 veated with exclusive power over the subject, fn tho cxerclse of which Nis duties wre purely minis- terfal, restritted to the opoulng of the resums, countlng the votes, aggregating the nimbers feclved by eadh candilate, und'declaring tho result as found from o cler- fealdnsuection of tha llste, OFf this latter oplu- fon, meditied by the Hmitatlons which will here- ufter be swzzested, ] am 1'do not doubt the tegislative power of the natton to fnqulre uml determing whether the comstitutional relatfons of u State to the Gov- cruwment Lo such as entitlo it to the representas ate $n the Unlon. But this1s not'th question here presented. The extent of Jeglslative power, which fu ts exercise includes the Exeeutive ction and -approval, 18 not puit inlasge, The question made 13, whether pawer has been vested In the two Houses of Congress, or cither of them, by the provisions of the "Cunstitution above cfted, to control the couniting, or exclude the Eleetaral votes of o Etate whose nozusd and constitutiong) rizhts in a1 felations to the Undon are recozal u diseisy the dilllculties prese followine will Te aceun controvertile truths: 1. No puwer nat SULRLION, Cither exXprosaly or by ne pifeation, can be excrcised by any oflieer, brancl, ordepartment of the Govérnment fu the wi- winistration of its vl Iactlons, Henee no power nut »o delegated can e exerclaed by the twd Houres of Congress, or cither of then, or teer theveor, i vounting umd dectaring ote of the Electoral Colle, Nou puwer to vontrol o unting or to anpgounce the yesult of the Electorat vote is veated In the two Mousea of Congress, or ted, the d a3 establlshed und - the Con s3ary Meferratesd by LU AR m e RS cither. of them, or sy officer theyeof, by Cay et provilon, o s of the Constltution except the alove, which declires that e Prestdent of the Benato shall, fu the presence of the Benste winl {luuse of tepresentatives, voun the certificates, and the yote shall be counted” Henee, unless such power ho delgated to the two Houses, or to oue of thaw by this clause, it 18 ot delegated tu, and consequently cannot by erclaed by, eltlier of them. 1t 18 plafuly upporent that this clunse does not fu exprees terins delegute sucl power Lo vither House sepmrutely, or to hoth jointly. This truth s lcapable ot controversy, * Is 1, then, delegated by eny neeessary or even vussible Dngileation? 3 Art, L, Sce. fi, of the Coustitution, In ex- pregs terms declares that ¢ Each House shatt by the Jutlge of the elections, returns, amb quallii- cativus of its own embers.” Althouch this JVas g rowcr which lght well have been Jelt to jmplication from the wsaze of legistative Ll et the framers of the lnstrument were 3 to vest so dmportant a jurisdi. tion wtherwise than by exoress delegation, 16 43 fn- , tiat they could ave intends ¢ e Touscw, ur elther of tiem, Dy futerence or tmpli-ation ouly, the extraors 1. “dinary sud unusual power of being tho Judge of “Mtheolections, returns, and quddideations of Prosidential Electors, und 08 n cotsequence of the Prestdent wnd Vico-President, Heoce, in yiew Of the wise care with which they expressly delegated Jurlsdiction in tho former tase, is not their profound sitence conclueive Lhat the ‘neither coutemvlated por fntended, clther . pivasly be by Jupllcution, to delegate such juris- dition to thety in the fatter) “Chy couclusion thus sugrested by the silence. of -the Constitution fa strengthened by the further consdderation thut in ko rectiun or clause - does it requirsor direct she sucremder ur delive _;r‘ry( the Electorul refurns tu the two Houses . of Congreds, or clther of thew, Whenco it is . Jmpowsible to suppose thy duty was intemled, L7 by dmplleation or viherwi¢e, to be devulved on 7 L thiemofvounting votes, tho posseaslon of the *“Asts containinz “which: they "aru nelther’ uu- biorized ta uequire Lr compel, u"l( ruwus coucluslons lackid auglit to 56 c0 vethicin rie Of detnonstration It is lurnbhed : Jy tho tust that the President of the Senate s thaonly funtionury named {n the Constitu- 1108 1o whom un?;pu er i3 delegated, or upon * whom avy duty [s enjolued by express terns In rezard 1o opeulng awl connting the Electoral wyte. - To Liu abug, aud nut wothe twa Botscs, opglther o8 them,oe the o s re palied to Lo tird sule Uy kit sbus i 5 the Party Authorized. tWa’ fTauscs; o clther of {hem, 11 ehlatned the | duty of openibee the cortifieates, Tt s theses foke fmponsible that the muthbrs of tho Conati: tution, having thus expressly named the Tresi- dent of the Scnate; and delegated to him this ]w\\'nr‘ and enjofned upon him this duty, should ‘liave contemplated or Intetidenl by mere implic tion to deleizate the power or enfoin the duty o cotnting the vote, \\-‘ 1 shonld then immedi- ately follow, to any oflicer or by other than or difficrent. from the one already ilnmed, and to whom they have expressly given the rizht to exerclse an fmportant part of the puwers cen- neeted therewith, The nattire of the duty fmposed Ty the com- mand to connt the vote preclhndea_any Inferonce or implication that it was fntended” to Lo des volvesd wpon'ang other thon him who Is charged with the duty of ohening the returns. The n- Junction ia that * The vote shall then be counts od,” That means the entlre vote, not & part of it. No dircetion I8 piven to count part. aud re- Jeet ‘part. 'T'lic counmand fs rcn:mmory. the uty minlsterial, It enn be perlormed as readt- Iy und necurately by oiie a3 by many,—by the l')rws(«lcm. of the Benate as by the tvo Tlonsesnt Congress. ence the ehernce ol any necessity 1o the contrary, that not upon the two e, et tipon him sl le charged with tlie_recelving o1t epening of the returns, §s desolyed the mine =terlal doty of counting the votes, But iU all this be trie, What necossity exists for the presence of the Senate aml House of Kepresentatives? Does not the fact that the opeping of the returna and the comnting of the sote shall be mado In their presence miso the conclusive implication of power In them to ile- clare what votes shall be counted and what excluded! A sublicient and powerfal reason exletx for «thelr presence other than the exercie of the extraordinary aud dangerous power supposed. Aithough the opening of the returns and the counting of the vote are purcly minlsterial and clerieal functions, yet, In view of thoe monient. ous consequences possible to result from error or unfaithfulness in Shclr performance, the pres- enco of the two Ilodees to witness aud attest thelr aceuracy #s of the very gravest importance, But it by no means followk Trom_ the constitu- tional command to pe present and bear witness 10 the aceurate avd falehful performance of his duty by the President of the Senate, that they are thershy clothed with power to resteain or superaetle-him in the performance of that duty Ly requiring him £o oimit or reject some part of the votes which the Constitution declares shall 1hen be counted. The Guty Imposed is to count the vote, not to reject it The'presence of the two Hauses is to bear witness W and insure the performnnce of this Juty, not prevent it Under the testa tirst ‘given the logic of this reasoning hecowies “frresistible. Neither the two Iouses, nor éltherof them, nor uny oificers thercaf, ean ‘rightfully exerclse finy poiver not delegated either expressly or by necessas plicatlon. No elause defegates auy power to, nor devolyes any iduty whitever, upon clther House or oMlicers thercof In rogard to the conut- Ins of tne Electoral vote except the cluuse un- der conshiteration, ” But'ull atid . the only power Qelegated or duty enjoined , by this clase Is to count the vote=—not to taiyass it, countinzg part amd rejecting the residue, If, therefore, the “Whole power so delavated was uxclasively veste ol In the two Iiouses, or either of them, instead of the President of the Scnate, they “wopld ‘be clothed ith authority to do” no 'more, ‘no léss, than what® the Constitution commands shall he done, nnmety, that the whole vote, not a part of it, shall theén be counted, Whenes it fullows that-what ”'"f’ could 1ot do or omit if exclusively vested with the power of _making tlie count they cannot compel President of the Senateto do br omit when clothed with the samu and no other ur greater PUWer. Let mo now aufguy. some of the embarrass- meuts that would reault from conealing to the Senate nud Tlouse of Representatives the fune- tions vt n Canvassing Boanl,with power to count oF reject at pleasuro’ 1. "le two tonses aro acparate, distinet, aml independent organizations, cucfl\ml in diguity, wuthority, and " soverelzoty, Neither can be subordinated to the puwer nur merged in the ex- fsteucs of the othar, 2. This investiture with lln!nh power to count or reject implios the right to aetermine the cnuse for and the ocenston of Its exorcise. A3 the Constitution nowhiero ndicates *the causes which shail fnfluence them in the exerclae of tho power, they must be clothed with uncontrolled wliscretion to reject for any cause, or upun nuy pretext they may arbitrarily assunio to exist. What rule shall obtsin ou the hypothusia that tha power 18 Joint, ant cunnot be made éffectunt without the concurrence of both [ousest Shall a disagreuent fn regard to any. vote require that it ghall be counted, or shall” such disagree- ment require that It be rejected? It tho former rule obtatus, then efther House, favorini all the votes cast for o majority candi- date, can compel them to be counted, ‘and its favored candidate declared to be elected In defl- unce of the opposition und protest of the other Houee. 11 the latter rule obtaln, then the non-concur- reuce of either owso In the connting of any vote will compel Its refection, It would Lthus o in the power of either House, by disseuting Lo o sufll number of votes cust for the ma- Jority candidate, to ‘defeat the election of a Preslilent by the Colleres whenover political or other motlves might prorpt tho exercise of such diseretlon. Again, (€ cither House, by non-concurring inany vote rvnmi' wise oruponsny pretext whatever, could worls it m{cc«:nuu. It ean be readily cone Jeetured, in case of dlsagrrecinent or conteést be- tween the two Houses, that esch might prbitrae rily and obstinately reQuse 1o conenr with the oliier fn the coniting of any vote, and thus work the exclusion ot all, - Or either might de- eline to unite with the other, and prevont or de- featu count tltogether, et us suppose elther contingeney to arlse, wold it not ultogethier defent. thio cléetion, und render the constitutionul chosing of n President fruposai ‘That fnstrament declures o President of the Scoate shall apen the s, aml the votes sl then be counted, The person laving the greatest number of votes for Presidont alinll be the President, 0 such nutber be u majority of the whole nun- ber of Electors appolutels and i no person have stieh majority, then from the person hav- Ingg the Blzhest numbers, ot exceeding threo o the list of “those voted for as Presls dent, the Iouse of Representatives shall choose fmn oly, by ballot, the Presldent.” Iv ds perfectly uppirent that o count of the vote snumdiuun[m, dent to the cholo af a President by the Houxo of Representativess Sor I thers e no count, b cuntot be declire AL o person haa teceived o masjority of all thevotes cast, Or it n count be mude in which by arbltrary nonconcurrenco all the votes ho ex- clmled, 56 thast no candidate shail be declared Lo Hays received any, It wonld be impossible to findicate the three receiving the bighest pumbes of vutes, fron among whom slone the Houso §s authorized 1o make vholee, L can be readlly ty theretore, that the concesslon of joint jue ul ur canvasalng powers to this duil sover. elgnty mizht work the noneclection of a Fresl- dent uitozether, Again, suppose it be nssumed that the prese ence of the Sehate and House of Representas tives ut the openbig wnd counting of the voty by the Prosldeat of theSenuto be vssential to the lezallty aml effect of Lis count, wouhl not the bou-attemdance or withdrawal of cither tn Iike manner work the total deteat of or prevent weonstitational electlon Ifu count by the Preshdent of the Senato coubd b thus defeated or prevented, it could nat e dleclured that uny eandidato bad received the mujunty of the votes, wru beetia flure to_cle by the Colle conld it ho declared who were the thy whon the House mizhe constitutionally choose, ‘This the obatftate und arbltrary non-attend- ance ur withdrawal of either Housd would, it its presency were essential, work the nun-electlon of u Presldent In uny constitutjonal thanner, Besbdes this, it might be proper to consider the attitude In which such recisunt Hottso would place {tscit, [f jts rrucnm nt the count Le essentlul to the valldity thereof, then It s oblizutory 3 40 non-essenthal, It s diseretlonary, 1 thie foruer, then fis wrbitrary nou-attey or Withdrawal would, fn view ol its resultiog vonsequenves, elearly pluwe such recusant House e revobutionry dtiftude. It valldity and etfeel of the e ofthe Senate worhihe ussural asw ful non-attendance us in the vrde either House. But [oeed noy fuid T pirsue Thers and many vther dis- will, from what 1 have ine , tuemselves to the hitful statesunn und Jurlst, The clear conclusion reaehed from thess cans Flderations s, that tho power to open und cutint the Eleetoral vote 13 vested where the Constitue tion plainly tndivates, with the President of the Bepate; il that by the exerchse thereof his functions sre purely clerleal” and nindsterfal, restrivted to the simple duty of compui b sud uu!.in-g.muz the votesrectived by cacheandidate, aid deelard e result. Hut it may be usked, has ho power been dete- gated to exclude or reject false, fraudulent, ur spurivus certilicutes or votes; or to distingulsh und determlue between the opposing returus of vival claimunts? Such power has been delegate ed, but not to the Sengte sud House of Repre- sentatives, or either of thew. Miultterial functions, huwever stmple, cantiot be tutellizently exvreised without information fug the thing to be done, The power to vl Infurmation, and henca to vhen ft has been obtalued, bs oo ncident of the duty Lo by perfynmoed; othierwise its to. telllzent performina would by lupossibles Vi power und Jurisdiotion to gacertaln the ree shall be pened, and determine the Wil e tounted, are, theretore, e Vit wid st i e frat fue Hal fun il THE CIIUAGO - TRIBUNE SATURDAY, -JANUARY. 6; 1 ST—TWELVIY PAG drg charzeL D the duly of ~—¥lth ehe Prestdent of the Senate. The excreise of this nower is in the nature of orizinl *Juarlalletion of gxeentingly limited seope. The oftleer exerelting ¢ must hgvo aat- fsfuctory [uformation, mul therefore prifia facle evidence, that e returns, whith he {3 com- manded to open and count, nre what they pure 1ort to be, and what the Conktitution reqnires they shonld he,—the wenuine and honest re- turie of lezally-appolntel Electors, Henee, to authorize the eounting of what purports to be thy Electoral vote of ‘nny Stale, o must have vrima facle evidence of the concurrence of the following facte, viz.: 1. That tho Legislature of such State has di- rected the manner in which the Electors shall be np[mlnlcd. 2. That Electors have been appointed in the manner tlul? directed. 3. That tHey have performed the duties en- Jolned u‘mn them by the Constitution, 4. And that the certificates to be opened are ihie records of thelr proceedings. When these’ things conenr, no diecretion 1y Irn.‘lml. to count the vote which the certilicates cont 1 1, o highest evidence of the existence of the Of these the I first are the elatites of the State. ofticer Will take ofliclil notice. The certitleate of the State Executive Is gen- erally aceepted as rrimn facie cvidence of the due fippoiniment of the Llectors {n the munnce dirceted. Higher and better evidence of this, however, are authentieated coples, untder the great seal of the Siate, ot the ollicial record of the appolntment, or of the returns thereof on file tu the proper departinent, Of the third and fourth facts the cerilficatcs of tho Electurg, under their own elgnaturee, is the highest evidence, In fact their own certl- fied 11sts nre afl that the Constitution requires ahail be divected to the Prestdent of the Senate. Beyond and behind the prima facle evidence which these properly puthenticated lists and ne- companying documents furnlsh, ho cannot l."u. fe_connot” Judicinlly inquire {uto tho validity and sulllefeiicy of the appolntments, or totrel ing the antocedent fucts on which this valldity ~depende. To coueede in_ him the right to cxerclse such oxtraordinary power aud Jurirdiction wouldl surrender the electfon of the Prerident to the tticontrolled au- thority nud discretlon of one mas. As the framers of the Constitution wisely withheld them from the Conrest—a purely politieal body,actuated, it tight be, by motlves of ambition vr partisan Iu\m uny—so, Tor Ilke rousons, thuy have with- held them from the President of the Scuate, vesting-in him ministerial functions only, --But, it {a usked, Ifas not authority snd jurfs- diction been lodged in some tribunal to gmll- chally Inguire concerning the antecedent facts upon which depends the valldity of the vote to be counted, und {nstract, control, and direct the nintsterial function ol the Presldent of ~ the . Semate In regard to possible falee, fraudulent, or spurivus votes thut inay have heon obtruded upon hiu, and upun which his mere ministerial power s Incompetent to pass correcting Judgmenti I sueh Jurfediction has heen -delegated at all, it is not by the clauses of the Constitution above conslilered, nor Lo the two Houses of Congress, nor fo the Fresident of the Gonate, but mus hiave been delegated by some other clause to #ome other tribunal, T think (L may be assumed with entire accuracy that “unless jurisdiction to eo balifud tho lists as returns has Leen vesfed in the Federal Judiclary, it hus not been dule- srated to, aud thereforo cannot be exerclsed by, any oflicer, departmenty or tribunal whatever, Has it been defemated to the Juddiciney ( . “Art. IIL., Sce, 2, of the Uonstitution ordains: “Thy Judiclal Tuwur shail extend to all cases, in Ty g cquty, istg wdor_ th Coustitu: tion.” Whether this provision vests in the ju- dlefary power ‘1o assume ‘jurlnls::lkm of tha questions rafsed hy the exlsting differences, and to what extont, will next bu considered. All offices created hy tho Constitutfon aro necessarily Federal, und the Incumbents of such however chosen orappolnted, ure Federal ofllcers. ¢ ollice of Neprosentative In Con- press i created by the Constitution. Repre- wentatives are therofore Federal and not State olllcers, ulthiough elected by a llmited uwmber oEthe Pcupxc_ur tho several States. The office of Unltod Stites Senator 18 created Dy the Con- stitutfon. Senators are therefora Federal of- ficers, although chosen by the several - State Legtslatures. Tho oflico o Presidential Elcetor is ¢reated by the Conatftution. Preslentlal Electora are, therefore, Foderal, and not State oflicers, although .nppotnted such minnor a8 the respective State Leglala tures may dircet. ‘They officially exist by vi tueof the constitutfonal provision which o dalns that **each State shall appoint in_ sud mannet as the Legislature thereol shall direct, u nuniber of Electors equal to the whole num- ber of Senators and Representatives to .wiich the State may be entltled In the Congress, ‘They exercise thelr functions under wid by vir- tie of the subsequunt constitutional -provisions which prescriby llu:lr puwers und dutfea, They are, theretore, fn the strictest sense, Federal and_ not State ollicets, aud us such are subject to the Constitution and authority of the Tederal Government, The Constitution makes cach Iouso the ox- clusiva Judge of the clections, returns, and qualificitions of its members, ihe furlsdletion thus conferred [s far reaching, oxtonding in the eano of Hepresentatives to tho qualifications uf electors und ull antecedent facty affecting the rlghts of the majority, and the fuirness, hone vy wnik valldity of the election; and in the case of Senators; to the constitutional character of th Legislature, und the Integrity of the weans und influence employed to eflect thelr chulee; wund In the caso ol hoth, to the personal qualliications of the fncumbents, Jurisdiction of ol these questions ks oxpressly excluded from Judlciatcognizance,and they are therefors excepts cd from tie general jurisdictionof the judiclary, i alf enses of ‘Tow and oguity arshig undéer this Constitution.” But questions respecting the clections, re- turns, qualificatlons, and dutles of Presidential Electors are not expresaly excluded from Ji dicinl cognizance, ~Are théy noi then mude wit ject to ft under the tenoral Jurisdiction vested y the Constitutlon lu the Judiclary? Bevond tho limited winisterial furisdiction ot the P £ the Senate, aueatlons affvcting h the certiticates wnd count the voty arlse In réspect to the qualitdea- tlons of the Electors, the honesty of thelr re- turnk, the integrity of thefe appointient, con- fictinis ckalins “of ppposing Colleges, and many othiers of Kudred charucter, the decdslon of which Invokes the cogulzance of a tribunal more authoritative aml less subject to the thiencs of personal ambitlon or partissn bl than that oflicer, 1 umn not nunindfal hat the original jurisdie- tlon of the Supreme Court 18 quite lfted. But may not these queations bo brought hefore the Juticlary and made the subject of Judlelal ine -l)ulry by proper provecdings instivnted inthe - rior courts, or applleation. for mandstory or stralnni orders wzofnst the Lresfdont of the Senate, and be thenve carrled on anpeal forth- with to the Supremo Court for authoritive und flnal dectslon by that august teibunatd Upon the wost mature retlectlon § can discern no serlous ubstacle to, but tho greatest propricty fn, sl procecdines, Allow ne to fllustrate. It §s required by the Constltution that cach ftate ahall sppoloy Preddentinl Electors fn auch maoner a3 the Lgtistature thereof shall dircet, “The aunner of the appaintment v thus remitted o the soverelgn dicectlon of the Lexblature, and ia not muniect to Federal Interference, nutliority, or control, It muy provide that thetr appoint- ment shall be inade by the Governor, o by the Lv;,l»l'um'hur by either branch_ thereaf, or by papulk: hallot, or by any other suthority o tribunal whatever. Tut when the of uppolstment has been presgribed by the L Lutitre, the uppolntinent, to have leital validity, st ho ansde i the manner so preserined, A sub il departure from that manuer will vitl- ateat. Who shall inquire whether thie drescrlbed manner haa been sibstautially purenedd O shall Etectors appolnted fn dlsregand of, sucly prescribed manner be peritted to exercise thelr olllelal functions, without fnquiry or restrafut, wnder natlonad authority ! Let uncxanple begivens Tt s competent for the Legixlaturo of nbtate to direct that ita Prest- ential Eleetors shalt be appoluted by & ssajori- ty vote of ull quuliied eitizens voting in election preeiners which a_destenated Board o tribunal shall ndjude und deelivs to bave bee uylnttuenced by Truud, tntimidation, or vioten In saeh case” the dine and Judement of the “tribupal so contituted Would form part of the prescribed anachinery of ap- pulntment, part of tho mauuer” thereot dirceted by the Lecislaturo, 1ta decisdon wud udgment, if honcatly niule, would not ba sub- Skt Fvien Ty gy natlonal authority what- ver, They would be thy ussertion ut i sover- elin and eelusively State right. Ay, It s competent forthy Lesidlature to Airect that ity Prealdential Electors shall be ap- bulnted by o mujorlty vote of all its gqualitieid citizens, £ by useertalned In the nsital mods of conducting clecttons, Tho qesalt of such vlecs thon, At Bonesuly mvl faiely conducted and re- turned, would b final an-d vonclusi But suppose {6 be allezed, o the lrst case, that the actlon and Judement of the Returning Board were unjustly secused by gross torrug- tlows ory 0 the zecaind care, tat wn - apparent but false. majority had recuved by Lrass frauds uson the ballot-Lax s would there not by in vither from the munner of 3 Tature, iy ch would prevent oics- tuus arising Gnder the Cou:fllutf\m—quvwlmni whether the appolutments have becs inade in the mavsuer direeled Ly the Legislature, as s retguired by that lnstrument When the returns of au Elcetoral Cullese, al- Jegad 1o have been thus coreaply end undouatt- tutionaily appolnted, us the vpgpusling retunis of aaval eollegey are preseited o the ivesidest of the Scnate, he must ré:eife or deslino to recoive them. Asaime that he declines them, or-one wet ot then, s not then come. ctent to apply to the proper Federal Court for & mandatory order eompeliing him to reeefve and count sieh of them s oen tiue and penulne ret:rus of legally-appolnted ors; or 1 hie aball hase recelved then, ts t not competent o stio out a restralnfng order vonpelling him to_roject mich as may Lo ehown not to he the gonuine returma of leaal Electorst 1n cither case, would not. the door of inquiry ho thrown open ruillctenitly wile to reach buek nmd terutinize the nntecedent facts amd Influcnces affecting the validity and legality of thelr ap- polutment, fn lke manner s tlie judiclal fn- q‘nlry by each Houee of Congress touching the clections, returag, and qualifieations of Its own members glves it jurlsdiction over such antece- dent facts,—with® this difference, however, that the inquiry wonld be subject mot to hifleeqces of peraonal smbition, or the uncon. trolled dlseretion of partiean resentments, but 10 tha strict and orderly rules of judival inves- tizationl Whether It be competent to go behind the fudiciol Qecisfon of n Canvaseing Doard, made in the due course of appointing Electors {n tha manner divected by the Legisiature, nnd set it asldo for error of jiulgment vlone, or whether it | ean be fmpeached for corruption or frand on the part of the Board; whether an npparent major- ity can be avolded for feaud upon the ballot- hox: whether the Electors appointed have the qualifieations reguired by the Constltu. tlon; and whether the acts of such dis- quulificd Electors lave the legal effect and valldity of an ofilcer o facto, although not an officer de juro, 08 haye the laws enacted by the casting voto of a Repre- sentative as Benator de facto, thoush not such de jure; whether the certificates of the one or the other of two rival Calleges shall be received and recugnized fn the count; whether the pres- ence nf the Senate and House of Ropresenta- tives, or eithier of thet, at the counting of tho oral vote be obligatory, or diseretionary; whether, if it_be casentlal, thie non-attendance or withdrawal of either twifl not nulliry“the authority to make, aml fuvalidate, the count} and wlicther, ns the power ‘of “the - House to choose o Dresident depends on the resuit of the count, jts non-pttendance or withdrawal, I itsa presence be essen- tinl, will not place it in a revolutionary attitude, and defeat tho conditlon upon which alone It can entertain iurlsdlctlan to choose n Presldent—nare all, with many others like thewn, questions arfsing under the Constitution of mo- mentous national concern, and which are pe- cullarly ndapted to Judicial inquiry and deter- mination on applicatlon to the proper court, at the proper time, for an onler commanding the Preatdent of the Senate to procecd with or ab- staln from the exerclso of sowe part of Itis min- tsterinl duty, 1t ruch Judiclnl tnouley be competent under the cxistinz rrnvlsluus of the Constitution, ns I amn cunyineed it {s, no amendment of that instru- ment 18 necess; In _ order the Supreme Court, by ap) the only, Jurisdletion which wssert or cxerclso over the sublect. To leave the final and authortive declslonof such mighty yuestions to the Prestient of the Scnote i3 triught with danger. To remit It to either or botl ol the Flouscs only augments the péril by aggeavating its causts and “Intensifylug tho - Aidenees producing ft. The Corsfitution hns therefore merely withtield from them this deli- cate and dangerous power. % “Tne proposition to- constitute the supreme Judidary, the grandest bulwark and conserva- Tor of purity, justice, lberty, and human rights the world cver saw, o politicel Returning Board, {3 one tho contemplatton of which 111ls the mind with alurm, Submitting to it questlons ariglng undor the Constitution, In tho de- cison” of which Its discretion I8 pulded by the light and controlled by the suthority of reason, precedent, and Law, fa but to invoke its functions In their legithitate sphere, The authoritative mandato of its solemn findlug and Judgment has in it & moral grandeur, But the depradation of that aunpust tribunal to the ofllce of n politicnl machine, with o discrotion uncontrolled by other than political preceddents and partisan motives, does not present for its futurc that digoity, autbority, and respect which have crowiied fts past. Without Impairing thuse, and in the onlinary course ‘of judiwial procecding, as. herein sug- ested, all the ubjects proposed 10 be securcd constitutionn! amendment are now -attaln. ables and every question, not remitted by the Constitution to the uncontrolled soverciznty of the States, can bo mada the subject of Tquiy anil authoritative declsicn by the supreine iud dary under sxlsting proyisions, ‘T'hat the Congress has mo _constitutional power to luerfers with or control the count nf the Electoral vote; that it cannot ussert jurls- dletion of the subject by any net of leglslation, or otherwise, and tha the eclobrated * twentys second Jolnt Fule " §s, for want of such power, 1wt absolnte nuflity, Tam, for the rensons stated, fully convineed, Tor the same rcusons, I dm profoundly persuaded that the Presidont ol the Senate em exerclao none utlier than the Mnited ministerial functiona Indicated. And, although Inmnot unawars that I trend on debatablo ground, my conviction I3 equally clear that the Juelsdiction of the courts, s suggested, 18 un- uufl}lnnn\blu and smple for the cmergeney now cxisting, Topprehend it probable, however, that on Judiclal proceedings against the Presldent of the Honate it would bo leld IE)‘ the Court thnt many of the alleged eauses of existing complaing liwve heou renoved, or that the thne within wineh they mizht have been romedied bas gone by, Notlilug {s better settled than that the appolntwent to un otllee of 2 disqualied person constitutes him the de facto Incnbent thereof untll vacated by judgment of ouster, realgna- or In some oblicr proper inode, and that thu al nets of such fncumbenst, dono In tho uxorciso of his oflve under volor of reinlar npoolntinent previous to volea or realz- natton, nre valid and binding, This questlo was judlcially eettled -in_ Bouth Caroling yany years nzo [n the case of the anpointment ‘of a Buprema fudictal ofiicer i dirget eontravention ol the State Constitution, It witl hardly bo elafimed that the electionofa United StuteaSen- ntur by the castinz vote of n dlsquaelified persorn, BLolling the ecat and exerelsing tho ollice :of Htate Benator, wonld for that reason be vold, although such dizqualified person might bhe subsequently ousted. [t canuot, therefore, ho scriously assertod thut the eleetlon of o Presls dent by the vote of u disqualliicd person, holile I wid_exerchinz o oflico of *Presidential or, under colur of regalar uppolntment, 18 The vases are analocous, The oflictal ‘ot each ure o acts of u de factoincwnbent, atnl as sueh are elfectuat and hinding, fut even this stute of fucts fs not provented Isthnge compliention, Although leg, 8 were not fustituted against the sev- Elector alluged to have been dlagualifled inurder to vacutu thelr ofllees by ouster, a8 it was competent to linve done befors they had exercised their functions, vet vacaueles wers s eftectuatly created by reslznation and retitled by rezulur appotntiment, which {t was alllu come petent to do.© Objections on the seore of dls- qualiticution have” therefore been elfectunlly oo moved, Fur ke rensons the thie within which the regutarity, of the uppointiient of others assured to have “been frregularly made mizht have bren fnquired Into wonld be held 1o have gone by, Before they exerelseid this otflee it wus com- prtent to Jmllr{.flly Inquire by what warrant or unthority they assimed to do so. Hut, Ilfl\‘l"fi perlormed their ollicial functions unloer olor vl recular appointiment us do fato otleers, und beconte funet] oflicio, it is now too Juto 1o ques- thon thelr sutbority or the valldity of thelr of- fleind wets 18 do [ueto fnenmbonts, Whethier these vlews bo comect of erroneous, they wonlil be dlsenssed and passe:d upon jus aicially f proceed]y zalist tho Preshloot’ of the Sunate, gind, uniess for the gubiance of the furime be evolved apd Jabd Juwn by the Court, Mat 1 have extended these “observations alveady too far. [ am not valu enough to sup- pose that they witl he necepted as o aolution of oxisting omplications. It they will atford hints or szeestions which msy eerye to lead your mind tu the cvolvement o such solutlon, my wnbition will ho vatiafied, lave tho howor tu be, with great respect, yours truly, W. H. Wesr. to vest In and - est— — — This ln n Republic. Pinaua starand Heratd, Vicente Herrere, Provisional Freaklent of the Republic of Costa Hicy, has published the fols Towine: Cousidering that In the sbroemal clrcumstances I wrhiell the nation fs found, public order 14 of thg Orstneceasity, und that whatever wdy fend (0 dis. TUEb 16 mast b avoldid, expecioily the exvesses ot thy press, Vhileh sorve buly to sow dlscard fu thy public wind, €xcity the Fasions, aud oppone {lg geteral Jutegests 0f the country. fu use of the tunple powers with which I uum inveated § decreos AT 1. 'Flat no haok, pamphlet. number of rop sapplenient te une fy-shect of kin cver, can ho publisheld vsalof the Becretary of n order that that which {w decreed Iu otuz artlele rbiall be falthfully caseied vut, ohhiulory on the owiorof every printing . o¢ he dlreetor of ssen b establishinent, tbat 1w priuted vistter of m:‘y deseriplun slall bo ut o circilalion nnleds the Wrat proat of the aamo fuiin Bk wucks appraval, AuT. i Auy iufrgelon of ghat decreed u tho Iuru:uhl" iticlvashall be snticlent motiye to ordee the clostik of (ha rypective’ printing oflices withs out preventln: the Baliction i the “trauegroniars ol wbue w, slall 1t b Jes hau $ii copd ($1,000, according 10 the or Imprisons uyw, uént'of not foxs thun iteen not Lo excecd ue year AlT. 4, Tle upecided punishments shall bo up+ pliad ceonomleallv, Oivon tu tho Natlonal Palace, Sen Juso, Aug. 13, . ViXcaNTe Husnlua, | S, Luzany, Secovtary of the luterior, 3 WEnZ ol auy 1ihont the pi te hatesh it is b TILE COUNTY BOARD. Holden and McCaffrey Rise in Their Wrath, A Committeo Appointed to Inves. tigato Aynrs and Fitz- gorald, Becatiss Thoy Stopped the Payment of Bills from tho Wrong Fund, Holden Talks of Reslgning, and Is Solic- itous to Profect the Credit of the County, An ndjourned meeting of the County Board was held yesterday nfternoon, Commissioner | Holden in the chatr. The full Hoard Was pres- ent. The Secretary of the Washingtonion Ilome asked that an order be passed authorizing the County Clerk to draw an order on the County Treasurer for the balance of the licenso per- centago due the Home from tho county. Re- ferred to the Committee on Licenses. The officiat bond of L. C, Huck, as coliector of taxes for 1870, was referred to the Commlttce on Finance. The communleation of Reconder Brockway in regatd to his help, which was pubilshed tn Tue TRIDUNE, wos sent to the Committee on Recordo. ‘The County Agent reportedl that the extravre dinary rash of applicants for relief had Increased the amount of labor to Lo performen by the cm- ployes of the ofllee, and requested that some extra remuncratidn be allowed them. Referred to Committee.on Public Charitles. /o number of other communications, bills, ete., were referred to appropriato committees. SEXTON'S DILL, Asgoon as the order * Communications and Petitions ! had been disposed of, the Chalrman rose and addressed the Board asfollows: * Gen- tlemen, at our Inst meeting the Board ordered the payment of threa bills In favor of Mr. P, Sextan, our contractor for doing work at the Hospital buflding. Ono of ho vouchers was for 83,825, another $2,551, and the'third'$240. This morniug Mr. Sexton tanie to me and kéported that the ordera had been dishunored,~that he Liod prescnted them at the County Tréasurer's ofiicy,aud payment waa refuscd, - I Ininediately went to the oflico of ‘the Coupty Treasurer to ascertaln on What grounds “the _arders of thy Board had been dishonored. Tho Assistant- Treasurer told me, firat, that he bad refused payinent at ‘the requeat of the Flnance Commit- tee. I vetnarked ©that ‘I "could’ not sce how that could . be, Inasmuch “ns the Committee * hod mot been in . session on the suhject. Mr. Bego then sald it was at the requeat {u writing of iwo members of the Commlttee. T asked toseo o’ paper, ‘and hia showed me o wrilten® request not to &8 the bills from thie general fund, a{lruunl by Cotnmls- sloners Ayara and Fltzrerald: Ithought this was n stringe procodure on tho part of those rentlemen, and I dedth {t'my duty now tobring t to your notlee, that you may take such action on may ‘conslder decessary Lo protect the credit of Cook County, to the cnd that when- .over an order I8 drawn on aspeefal fund, (fthére Is any money to ite credit to_meet the Wdebtede ness, the bill shall b promytly pald on preavn- tation, 1f the neeotnt Is overdrawn, the matter should be urranged b someé manner so'that the eredit of thio county shall bo Ju nowlse tmpuired or Jeupurdized, COSMMISSIONER FITZGERALD rose to explain his action, Iiesuid: I toak this step thinking it was for tho best Interesta of the county and ity had I thought it would have been detrimoutal to thoss (nterests 1 certainly winld bave retrained frotn counseling the mon- paymont of thoss billa, But, so far as my Knowledge extends, I think that 1t 1s proper for payment for bulldbig contracts to he made out of the Bullding Fund, ,and no other. At the titie ' the report recommendlug the payment of the bills §1i question cumo to this body, 1 told the Chalrinan 1 would not sign it becanse the orders were not drawn on the Building Fuud, 1 have na {11 will toMr. Sexton fn this fuatter, nor do I want to hurt the county's credit, 1de not think I have uverstepped my duty. If the mat- ter was up bofure the Board nl,inln, 1 should cer- tuinly.voto ngainst it. ‘Thers is but 858,000 to thu credit of she General Fund, and woe audlted bills which properly snould come out of the Bullding Fund at tho lnst mecting amounting to uver‘&%uw, and otliers tolay . amounting to 6,000 or 87,000, Which It 18 purposed . should Le druwn out of that littlo fund, Now, I think it i iny duty to luok alter the sundry accounts that we have to pay from week to week n supe port of our institutions,~the Insane-Asyluu, Pour-1loiise, ilospital, ete. L think it'woild ba better Lo pay those accounts, and let Mr, Scxton walt two or threo wieks until wo ean makdsbtuy arrangements Lo’ pay his claims without Jeopard- fzltng the tuterests of the connty, S SU'OAVPREY, Commissioner MceCaflroy~—~It the gentlemnan was not poditively sure thut ho was duh|¥ vhent, it would have been sn_oasy matter for hin to iave sought o little tnformution an tho subject. He cortainly did not save thu eredit of the coun- ty by taking the stop hodld, A member of furiher Board undertook to leglslato for us the samy as those gentlancn waut to do, but he saw his Inlstake, wnd recs thiled t pretty quick, 1f the gentlemen think they ,gra =~ poing to lerislate for Cook Cous they ure ulstaken, Bexton can take that paper aud sell it on the street, or hie can turn {2 foto banker's collatorul, aod that hanker will {nrescnl 1t, and the noto will go to protest -on the part of the county, If they wouted Lo save the county funds, it'wonld have been an easy wmatter for them, in conjunction with the other nembers of the Flinueo Con- mittee, to induce Mr, Sexton to withhold the order for awhile, But when o inajority of thls Bourd pusses an order, no individual has the rlzhit to go und say that it shiall not bo patd, 1, thereforey. wove that, In view of the uctlon tuken by Messrs Fitzgerald and Ayars, the Chatrinai be uuthorlzed to reconstruct the Fi- nance -Contmittee. Buch u proceeding was ci l,ln-)¥ uncalied for on the part of any member, and T think they ought tu bu censtred, Commissloner Fitzgeruld—The gentleman speaks os §f he was the financler of the Buurd, but T dow't think he ts yuy moroe a financier than auyhody elae. We dlid nut do this by oursclves, We were requested to do by tho Asslstunt Treasurcr, Mr. Beye sald the Board had passed an order which wusot quite lawiu), He satd the order ought to have been mude on the Bullding Fund. s cxplanation was satisfuc- tury to me. ‘The Chalrman—Don't you know thers was uo money fn the Bublding Fuud? Contnlssloner Fitzgeruld—That I8 ouu reason why you should have stated the fact when the resulution was upon it passage, Had you done so, many of us would have been cnlfqnlum B and we would not have voted s wedid. L pre- sume, however, It bas goue to far to recall Nuwe ON# WORD TO 3iil. M'CAVFUEY, Comnissloner MeCallzey (in tones of warning) —Don't Apeak to mo; address the O Comnifesloner. Fitzgerald—You spoke direct to e, siv; and I wish to wildreas o few words dircetly 10 you. T stand here ready to be cene sured Jor auytbing that I inay do s o member of this Bnard; but T do not think that in this Instance I huve goue beyond what T have the leeal rlghit todu, 1 should like to-ask Mr, AlcCaltrey what we should be censured for, Commissioner McCallrey—1 think the Chalr can tell you, . ‘The Chslrman—The Chair has made a state- ment to the Board, aud they can tuko such ace un for tha payinent of thuse bills aythey deem uecessary. Cowunlesloner Fltzzzerald—I suppose It would sutisly the gentleman very much it his motiun should pass, Mombers have tried to get o to #lzn reports of the Finanee Committes nithors Izing the lssue of more bonds; but § would not o it. The Chalrman—Tha -Chalr understands that the order of the County Buard upon auny fuud appllcable’ to thy pavment of Uhat order i3 proger—it canuot be gutusald, Tho Board are the judgzes of what fund sball pay any auwd all the bills thut come hefore them. “Before sctlon wrus had un this report inembers Konew that the Burbkding Fund was exhonsted, aod the Commlt teo made the bils payable from thoe genurul fund, and the oniy fund applicably under tho clreumstances. ‘The Clidr thiuks the two mein- twrs of the Financy Committes aisde a serfous crror in dolng a8 thoy did. + Wheu an order has been acted upon iutelligontly, us thut order was, utid the money was® urdéred pabl by the ununtmous vote of this Board, the members baye no right, indivldually or collectively, to et up thelr Judgnent siulnss the acts of tho Board pertaludug to that question. I regie exceodivgly that Abls actlon was taken by Com- . mlssioners Filzgeruid and Ayur. AYARS, Commlesiover Avurs—L believe you staty Just now, AMr. Cliginman, that the report diroet~ td that order forbe drawii on the General Fund. Tthink you ace misteken. Noo wmentlon was anady of the Tund 3t shonld De drawn azatuat. hY this Board yoted utglits T Qou't 'thizk e did vote fatelilgently, T don's think'the majority of the Hoard had any idea that {he bills were (o be pakd out of the tienesal Fand, ‘The Chafrinun—Is thera nny other fund to oAy it from | "= Commizsioner Avara~I do not think there ing but we could allow Mr, Soxton Lhé vouchers without pagitne. When L ivaa-luformed that the orders were dreawn ngalnst tho General Fuand, T thouoht there must’ Lo romne mlstike, and on lookfng at the report £ found thore was fothihe eald about what fund the mohey shonld bedrawn from, 1may ‘hate pinded myeelt in an awkward and false“posltion, but il T have, [ cannot lielp ft. FAid what T thought was righit, and for the best fnterests of tho county, 1 con- tend that we have no right to pax bullding con- tractors from the Genernl Fund, ospeclally when that fund is nimost cxliausted. That fs the only fund we hrvoe far the support of oursufer- g and starving poor. We . have three months togo to the end of winter yet, and, in view of the little tnoticy fn the Treosury, I vonsider it unjust to pay contractors, out of tha Gieneral Ilv‘ulu(l, and ‘leave the sulfering poor' without ielp. 3 Cominfssfoner McCaffrey—DIl _yon request the Clerk of the Botird to \ifhhold the order? Comuissfuner Ayars—No, str. Compnlrsioner *MeChftrey—Did you know thero was a meeting of the Board to-day? Cominfsslonér Ayars—Yes; bLut I'thought Mr. Sexton had the order, L;ohnunlsaloner McCaflrey nzatn animadverted on the - PRESUMETION OF INDIVIDUAL MEMNERS endeavoring to legislate for the whols Board, There appeared to be n concerted move to fn- nalr the credit of theoounty, which was not fn the bad fix that certain partles would have the publlc suppose. | Commiasiorier Fitagernld ‘supiplemented the remarks of Commissiuner Ayars in_regard to thero befu nothinx eald as to the fund to be drawn nrainst, The Chatrman of the Comnnit- tee thdt reported the bills expressly sald that Mr. Sexton would not draw the inoney, but would acll the paper on the strect. - With re- ganl to Conuniastoner McUnftrey's strictures, he would tell that gentleman he was not going to bo bulldozed by him. Commiseioner McCaflrey (warmiy)—And I don’t proposed to be bulldozed by you, cither; Twaut you to wnderstand that, =~ Comuussloner Fitzgerald (with a significant gesture)—I can take vare of myself. Commissloner McCafrey (Iinitating the nfore. sald gresture and elevating his volee to “an un- scettly plteh)—Well, T can take caro'vf mysell eud you, too. Commlssioner Fitzgerald (decisively)—No you can’t; not ono side of me you can't| Commissionér McCaffrey (doubtfully)—Can't 1 Commissfoner Fitzgerald (with greater em- phinsls than before)—No. sir. Commlssioner McCaffrey (prepared to baek down on the siightest provoeation)—Well, 1 ilou'lt propose to pay any atfention toa blow- hard, Commissioner Fitzgerald had also begum to searc at his own florceness, but aceing MeCaf- {rey’s reluctance to ' come on,” he blurted out, ] 'l'lu.-w are any bldwhards In town you are one.! Bofore McCallrey coutd reply, It he intended to do, Commissloner Conly moved to appolnt u committee of three to . INVESTIOATE TIR MATTRR, mC;x!mmluloue\- McCuflrey aceepted the smend- et Commissloner Schipldt explalned that tho Continitted who reported recommending the }mymunt of'the bills kuew thero was no money nthe Bullding Fund, No quustion was asked 08 to the report belng mado on the General TFund. Ile, therefore, did nhot desienate the fund -in “the report, but it did not matter what fund -the moncy wus paid out of. When ‘the Duilding Fuud was exhausted, the General Fund should take carc of Lilla against it. Commissloner Guenther did not think there was nuy oceasion for censurlng the offending members, A great mauy billa had been paid out uf the Generul Fund “whieh never ought to have b lone. Bestdeg, 08 the gentleman hod neknowledged the thing, he saw 1o use in In- yestiputing. Tlemoved to lay the whole mat~ ter ou tho table. ‘The motlon waa voted down, After some furthier discussion, Commisstoner Coulv's watlon wus put and carried by the following vute: Year—Ayarn, Dradley, Cleaty, Conly, Ilofiman, fiu}v\\:wn i\ccngreya'l. thi Schml rye=-Curroll, ~ Guenther, mi Seniioy Tabor—i. Y The Chalrman—Well, gentlemen, you have lid conslderable discussion, but you have not Een«*hgll-mn main question—what should be ona to PROTECT THE COUNTY'S CREDIT In the matter of the payment of thoss orders, Conunlgsioner Fltzzerald—It is very caslly rotected by withdrawing tho two signatures b0 can go and get pay, 1'don’t see the neces- slty of making further trouble. I cannot sev why payment was stopped, as \we were the only w0 membera thint signed the request. Nothing has been done which can kil anybody. Commisstoner Avars—1 canuot see’ why the Treusurer could not pay tho money whether our siguatures ure there or not, Commfssioner Cunl’y—-\Vm the pentlemen wlém!rnv; ul‘c""?’ll‘tm 1d (hesitath Woll, T ounisstoner Fitzgerald (hesitating)—We! thiulc T wonld ratlier o ivCstizabed o Commissioner Ayars—Oh, el us bo ine Yo armislanr Cleary (to e, Fitzzoral oinmissioner Cle: 0 Mr. Fltzgorald) Why didn’t you Vol oy alh fe wtigation] b= Conrmissloner Fitzoerald—Beeause 1 did not think It necessary. {f 1t had been to lwvestl- ggte you, I would have voted in the aflirmuative at once, Commissfoner Cleary—Well, [ voted to fnyes- tizate you,and 1 will do It ten tlnes over. {Loughter,] ‘Chero moy be u thne coming when ‘]m w' lll bnll have to be Investigated, [Kebewed aughter. The Chafrman—The Chafr fosfsta that the county has to pay its deébts, Tlere I8 su ovder drutwn on the Treasury, and payment 1 refused. Now, i€ any two mcmbers are to Diock the wheels of the tovermnent 1 sball reskgu this position. T you are’golng to alluw that to be done, Thave lieen your _Chairman lowg enough. Commilsstoner MeCaffrey—1 don't see low Fou nre going to help e, The Chnlrman—There 13 an effort put forth to CRIFLLE TUIA COUNTY (GOVERNMENT in fts movements fnaneilly, [L made {tsap- earunce “lrst In fhe matter of Issulue hands. We have had the same right to Issue bonds that we hmve had slnce the Hre, Nevertheless, thy questlon of valldity was ralsed ant the Board hus tuken the conservative sfde of the question and declined to offer any mors bonds until the polnt 18 deciited by the hilghest nuthority, There being nomeans of replenlshing the Building Fund at present, it was within the provines ot the Boand to pay those bills uut of the Ueneral Fund,~a fund which can b drawn an Sor all hlils vreated by your onder. What tho Chair Ires is to kuow wheth = ‘Mulloy, much further, i the South Town taxes ave not to be collected, us present apuearances indieate, I, for oue, nta i favor of closing one of thy lun'lllmll of the Hospltal, of closfug tho County Por-House, uud the County Areal's ofilee, closiug thy Normal Schoal,—fid uttling off every Item of expense that we can possibiy got alonic without incurrlug, n order to Keep ip our credliand to protect the Smking Fuml oy re- quired by law, At the eame time, [ want it~ zeus to understand that we are drelven to this, The Collector of the South Town cannot get his books for sume reasou beyond ouy control, 1, for one, mn willing to mect the respousibillty, Ittsa wrava responstinlity to turn these puor people uto the mireetsi hut v cannot do otherwise 48 those Lills are not pald as wo pass upon them, I {3 for you to say whether our churftable fustitu- tiuns Bhull Le clostd, or whether you will, ss mues wen, tuke somo measures und do the Lest wnder the ercumstances, nmitssloner Schuldt moved that the Coun- ty Ireasurer bo deceted to pay the vouclices prssed upon ut the fast mecting, Commlssioner Fitzgerald—Delore that motlon I3 put, I wish you to sas u few words, You [the ‘,;lm(rmnnl suld you would resizn your pusl- on— The Chalrman—I will do so, Comndgsloner Fitzgerald (coutiuuing)—Pro- vidingz wa di uot do certudn thilngy. It does not. soeu 1o uble that wby two members should clog (he wheels of the " Board at all. In view of whut has been sull, wo must be looked \lsmn 1 Lwo great mieil,—two of the stroniest that have appeared hege, Why didu’t the Chalruan uud his fellowsnembers 100k fur cnoush abiead o ayoll the present condition of wilulrs, The funds wanll be fn s altferent conditlon to-lay bud the old Board acted with prudence and fore- thouglit, They rushod up bulldings, and now that we have Lien there Is searce o cont o carey theu on with. & Comtissloner Ayars—1 think the cftort to eripple the fiuances of tho county dites Turther Lacik than this boud busliwss. 11 the Board had licen at all prudent they would huve delayed the erection of vertabu budilfugs. Counalselyues MeCatlvey ssserted that this whole movement was gotten up to enable Mr. Tlpek to suuke o showing us an cconomist und fyancler b order Lo secure re-clection, Tho inatter wus discussed fuyther In o general manner, und the uotlon of Cuinwmissfoner Sclmldt wus ultimately pub wnd cwsried Ly 14 yeus; uays, l—Comnlssjoner Ayprs. GOu wqueston of privilege, Comwissioner Fllzgerabt gadd that Cunnty-Treasurer Huck Loow pothing of {leiv setion i this watter, The subject then droppsd. MISCELLANEOUS. J The Cowmittes v Finuuce reported that they ad exatfacd the asmbannual repdets of the Ulerka of tle Ulrenlt and Ruperlor Conls, which shoietd the followine exhibit: Cire 2 I Court—Total recelpts, &2 i turea, $1LASLH0; Injanca duo § Connty, 80:0i0.33, Suprior Conrt—Total roelpts, $10.0 4B 453 expemlitures, 11,200 alanee dug T von 23250, The otatements ‘were eor- reet, and the Commitles recommendod that the Clerks be directed to turn over the balances due to the Conaty Treasurer, Concurred fn, ills amountinz to §4,7(3.03 and 312,000 were ordered pafd o tho recommendations of the Committe:s on Mospital and Publle Charitles, respoctively. The Clmlrr%nn appointed Messra, Conly, Hoft- man, and Clchry as the IPCCII‘ eommlttee 10 fne vunlii"nle the actlon ot Mesers, Ayars and Fitz. gerald, Commissioner Fitagerald submitted o resoly- tion fixing the allowance of the Sherifl for fec.. Ingt prisoners at the Couiity Jail at 20 cents per Tend pér diem, The * whereas™ atated that ot the Etate Penltentiary the disting of prisoners cost 114{ conts per el ; the State Insano Asy- Inun, 1L53 conts; the Central Tnzano Asylun, i«t.?él cents; and Soldiers’' Orphans' 1fome, 13.03 cente, While this resolntion was being discussed, on tmotion ‘of Col. Cleary thu Board adjourncd o Mondny. T RAILROAD TIME TADLE. ARRIVAL AND nflwufla“flr'mhms ceptad, *3undayeceapts ). SR SEULOR Y Mondiy oreeiial dee CHIOAGO & NORTHWESIERN RATLWAY. Tieket Ollices, 62 Clark-st. (Sherman House) and 97 Canhiest,, corner Madiaun, and u* (he depois. aPactfe Fast aubugsie | abubuaug N aFroep't; Lot Milwaukee r'n?l:nunr LMY wauky & SHE. Paut & bl.nCrosse Exir Lilarguetto Express, atieneva in) Ttockfer blieneva La! 5 a=Derot gornerof Wells and i b—Depat carner of Canal and {d THIGAN OENTRAL RA D, Do A Tt PATRA, 1eker-otfice, 67 Clarl utheast curnerof Hage _ dolyl, Urwid Lactiie Houcl, and sy Palmer Houts. nzic-A nzlc st Atiantio Kxhress Caliyse: intfg ally), Night Rxpres,, . {tatarday Ex. ~ sunday Ex. § Son: CHICAG, ALTON o KANGAS CITY. & DERVER Guold L, algh Dewot veds e Vone b Tl o™ Ao ol Wha 13 Wmibon e ™ ’ Leave. | Arrive, Cit) Bx. 1412 Py e 5% Eprindiield & Toxas, I'corls Fasl Expres. vl Bisiion. |2 0in) oy EX, Ex 3 Dally. & BT LOUM ani ORI0AGD NT LINES, Leonis, Keok Clileago& Paducan 1t. it F yireaton Lacon, Wealltan S m 40, 1 0P, 11t & DI TZNE' AcOUIIEN]S 4500, 1.+ 1205 e LAKE BHORE & MIOHIGAN SOUTHERN, * l.egw. et [ Ht150, m, :47 p, 1, 10; Matl, 1 Maln Line...., Bpeclal Ny ¥, Express: Attantic Expitess, daily. Cotehour Accominodat NIt Expres. AQ0, E & ST, oA 00, MILIWATHER & ST, PAIL EATLIIAD, Utlice, 61 8Guth Clavie i 656 at., 0pposite Bliormian Hodss | Eeve,_y A, Mitwankeo Exprem. SEie m Y Wincousln & Miune lay Expres, Wikcondia, Towa, Wid"§iii Jota Exicens unein & i h Bispross, s run *10:008. m, * 5:03p, tm, *11:001. @ t 0:30p. m. It 7:008, m. Milwaukee. “Tirenth for AL o 11 ter un vin anu Minneanall ara pood clthor via M, 1P Suchfen, oF via Waterion, Ly Crouss, knd Wioas © ILLINOIS CENTRAL RAILROAD, Depot, foot uf Lake-st, nlid toat of Twenty-sccond-at, “ricket Unice, 121 iandulph ear Clark, i | _Leavo7_Arive; 8t Tanla Expross, K1, Lows Vast Ling LHir & Now Orle Eprilusield Nlght i Yeorid, Keokuk & 1t Dubitige & s Trubune G CHI0AGO, BURLINGTON & OUTNOY * RATLROAU, 1, 00t 0F Litka: a-av, and bixtconthe i wats, Allckee Ofticos, 5 Arrive, Malland Express, Olswa ud ntreator Passe rd, I L bl THESORT 1030 D, M, *Rx. Sunday, $E: Monday. CI0AD & PAOIFIO RAILIOAD, Depot. coruer Chilcazu-avenus uad strse iokes o 5 Clur-atress b Artive, Figin Pamenge Tiyrun Pasmeniy A Fanron 13 B | arier Park 1 ) 0. . Tt . A m. ol AT Suluda %, i 3 PITTSBURG. Pt WAYNE & OMI0AG0 RATLWAY, r Leave, | Arrive, 2.1, nne 13fonduy excopt BALTIHO] LMOAD, Tratn leayn from 1y fat Of Mone i Jatmer flouse, b, Tkt Grand Puctie, Aulding), |_Artive, w0, . B0t QEI0400, ROCK ELAYD & PAOLELY RATLROA epot, corier ul Vun dia Gnd dhcrnanssie, Lie. wtlicy 84 Clurk mau 1luie. Omala, Leavenw'th & Alct. F er Acamudation. Nixbt Expre e ey Pt il AR TS BAYARD TAYLOR ' Saves ©Tako Kreat pleasarn fu recommendine to rentatho Avlemy ot Meidia of M7, N ThD < had i uarsiiy 0 soveral e tunnee i wiich this Av ki, 3 Well 3 Lo deportiie Tond I, a0 s Fativiiod {hat wth wan tuFHee i i ¥ beutleriod w o fusellectual and oral deyelop: and Ttoya 14 12 intice a Year” for_ Baandtiz, & Tonke, &c, Payutild | stndezts admitted ut | 3" fistructjon g the s dvadeh, Dy radd Tron Il \\D'lluli- G Quariory, 3 aiced and hackw Priviie Worlug ang e rutiora LWo kradiutes of Yals urciice, aud u churter cutling drinks fo Ao g tchoolsroain Cotloge, bax'p ror 5W [T Ad ML), Medta, "BISHOP MELLMETH COLLEG LONUDON,; ONTARIO, CANADA, Aftord the hizhedt futeltectual and Christlan edu- catlon 1o 1ho suns and daughters of genticmen ab very mudvrato chargres. ; “The Colleges are ona mile apart, and are both supplicd with un eble staft of experienced resldent European teachers, ¢ LUELLMUTII COLLEGE (BOYS) 250 per anauw, Jocluding all chargoes, HELLMUTE LADIES' OOLLDGE. £350 per annumn. Reduction to tlergymon. Yearly scholaralilps very advantageous terind. Pfi“fllfl‘ and Chapluln —Re 1L F. DARNELL AT FOREST UNIVERSIT HE COLLEGIATE DEPAITMEN'T wiil entf on [t Sccond Term for 1879-'77 Jun. 3, 1877, ¥ fufurmution addecss 1. W. PATTERSON, D. 1., President, Like Forest, ). THE YOUNG LADIES' BEMINAUY (Fer Hall) wiil enteron 1 urd Perin for 1H70-" Jam i a5 A =3 AA Penusylvamia Mifilavy Aeadomy, Chester, Delawure Counnty, P2 Sesslou roopens Juu. For Circulars anyly e T 0. T AT Frvatudnt T O S