The New York Herald Newspaper, February 22, 1877, Page 3

OREGON REACHED, Watts and Cronin Under Discussion by the Electoral: Commission. THE DEMOCRATIC OBJECTIONS Speeches of Judge Hoadley and Senator Kelly. DECISION BY THE COMMISSION T0-DAY Tim Hurley Found To Be an Eligible Elector. A DISCLAIMER FROM GOVERNOR TILDEN. | FROM OUR SPECIAL CORRESPONDENT. Wasninatox, Feb, 21, 1877. The commission adjourned at half-past’ ten this evening, Judge Hoadley alone having been heard of she counsel, To-morrow at ten Judge Matthews and Mr. Kvarts will be heard for the republicans, and Mr. Merrick will close for the democrats, ‘The commis- sion allowed three hours und a half to each side, Judge Hoadley has used two hours, and there remain, therefore, five hours for argument to-morrow, begin- ing atten o’clock. The commission should theretore Degin its consultation shortly after three o'clock to- morrow. Judge Hoadley made a very close legal argument to show that the Governor of Oregon was the only Returning Bourd of the State, that he had the au- thority under the State law to do what he did, and could lawfully do nothing nd that the commis. sion could not go behind is certificate to examine tho returns, He raised a smile when he remarked that in this holding he differed from gentlemen who had ar- gued for the democrats in the Florida and Louisi- ‘ana cases, He was, at any rate, not so bold as to aiffor from the conclusions of the commission in those eases, PROCEEDINGS OF SENATE, Wasitxaron, Feb, 21, 1877. ‘The Senate rosumed its session at ten o’clock, but transacted no business. He«ving agreed yesterday to Sount the vole of R. M. Daggett, the Nevada elector, the Senate now awaited action of the House on that matter, Mr. Sarcgnr, (rep.) of Cal., inquired if 1t would bein order to report the Deficiency Appfopriation bill for the purpose of having it printed, aud the Cuair ruled that it would not, if At twenty minutes to twelve M. a message was received trom the House of Representatives announc- ing the action of that body in regard to the vote of Daggett, and notifying the Senate that the House was ready to meet it and resume the count. The Senate ae left its chamber and proceeded to the hull of the ouse, CONGRESS. LEGISLATIVE BUSINESS, Upon returning, at ten minutes to one, the PRESIDENT pro tem, suid the Senate, baving retired from the joint Mmoeting upon an object.on subinitted to the certificates fro:n the State of Oregon, which certificates have been Bubmitted to the Electoral Commission, the Seuate would now resume its jegisiative business. Mr, SARGENT, from the Committee on Appropria- tions, reported back the Deticiency Appropriation bill, With sundry amendments, Placed on the calendar, PRINTING THE ORKGON REPORT. Mr. Mitcnet, (aep.) of Oregon, trom the Committee on Privileges and Elections, suvmitted a lengthy report i regard to the Oregon elec:or, and moved that it bo printed in the Record, Mr. Davis, (dem.) of W. Va, and Mr, Kernan, (dem.) OtN. Y., objected, Air. SaRGENT suid the report of the House Committee on Louisiana Affairs had been printed in the Record, Mr. Kenna, & member of the Committee oa Privileges and Elections, said be dissented from he report of the majority of the committee. He thought this report should be printed in ihe ordinary way and uot encumber the Record with it, The pre- tedent of printing reports in the Aecoh@should never buve been established, but he supposed it was done for the want of funds to print them in the ordinary way. ir. Davis said that the reason why the House ordered the printing of reports in the Iecord was that the uppropriution tur printing them in the ordinary way had been exhausted, Now that the up- propriation had been repienished, the report could be printed in the ordinary way. After some further discussion Mr, Mitcux.. withdrew his motion, and it was ordered that tue report be printed tu the usual manner. SPECIE PAYMENTS, Mr, SHERMAN, (rep,) of Ohio, from the Committee on Finance, reported a bill to aid in the resumption of Specie payment. Placed on the calendar, Mr. M&RxION, (dem.) ol N. C., reported favorably on the House bill to prevent the sale and use of adui- terated and explosive illuminating oils and otner fluids, Placed on the calendar, ‘The Senate, alter discussing appropriation bills, at a quarter to six o’clock went into executive session, and when the doors were reopened took a recess until ten p’clock to-inorrow morning. HOUSE OF REPRESENTATIVES, WasuINncTon, Feb. 21, 1877. Tho House met atten o'clock, but a full hour was tonsumed in ascertaining whether there was a quorum oresent and in the reading of testimony to sustain the objection made yesterday against the electoral vote of R, M. Daggett, of Nevada, TUK ALLEGATION WITHDRAWN. Mr. Spaincer, (cem.) of Ii., who made the objec- tion yesterday, offered a resolution that the vote be counted, and explained that an error had been made in describjog the office held by Vaygett as that of United States Commissioner, while the testimony showed that he heid the office of Clerk of the United Brates Court, A UNANIMOUS VOTE, Tho vote was then taken on Mr. Springer’s resolu. Uon, that the vote of Daggett be counted, and it was Sgreed to without a division. THE JOINT SESSION. A message was seut to the Senate vo notify that body vt the action of the House and that the House was how ready to meet it in joiut session, At a quarter to twelve the Senators entered the hall and took the seats assigned to them Alter all were seated, the presiding officer called tho mecting to order and directed tue reading of tho reso- lutions of each house in favor of counting the votes of Nevada, Lhe teller then announced that the State of Nevada had cast three votes tor Hayes and Wheeier. Then followed in succession the Hampshire, with five votes ior Hayes and Wheeler. ew Jersey, with nine votes tor Tilden aod Hon- ai ks, New York, with Hendricks. North Carolina, with ten votes for Tilden aud Hen- dricks, and Onto, with Wheeler. thirty-five votes for Tilden and twenty-two votes for Hayes and THM STATE OF OREGON. ‘The presiding officer then opened and handed to the tellers a certificate received from the State of Oregon. Ib was reud by Mr, Stoxx, (dem.) of Mo., and proved to be the sworn certiticate of the three Hayes electors, Cartwright, Odell and Waits, executed betore notary public. The pup ontain a full statement of the doings of the three et rs, the resignation of Watts as Post- master, hts subsequent choice by the other two electors, tho original bullots cast by the olecturs, &c. The: were read in (ull, Presiding Officer then handed to the tellers wtillcate of the three rival electors, Cronin, wnd Parker, authenticated by the signatures of the Governor and Secretary of State with the seal of the State attached, This certificate gives two votes to Hayes and Wheeler and one voio for Tilden and Hend- dricks. ONJRCTIONS TO CRONIN, Senator Mircuxtt, (sep.) of Oregon, presente fections to the certificates of Cronin, Millor aud Parker pn the following grounds First Because neither o State of Or aid porsons was ever appointed nin any manner Ww from the records tts that they thelr votes as such, it does not appear trom th certificate attached to the re of Cronin, Miller and Parker that 4 the highest ors, bub wae ismned by Hit 10 Higiy pained the on reek Because It appents. from the certificnte of, F. ik, Socretury of State, that Odell, Vartwright and rot vou whom he . though one of them, Is. A. Cronin, w to wecording to the laws of the State of tates of New | | beNXt highest takes the election, Watts reeeived the highest numbe. * Nocrotary ot State, Iu pursuance, of lawias ‘deelsted, At that sheretore the eertifieate of the Governor tar i owitted to versity. of W. Wate aa ane ‘of the electors appvinted, and in so far us such certifeate con- tained the name of . A. Cronin as one of the electors x pointed, fsilr to conform te the act nf Conzros in auch cases | made und provided and to the law of Oregon, and that such gurtideate is, a8 to anld Cronin, without authority and of uo effect. Fifth—Reeawso it. appears from both certificates that Odell and Cartwright, « major: Electoral Coll were duly appointert electors by t ner directed by the Levisintur sented to tha President of the sen two houses, shows that & vaeaucy in isted on This objection is signed pb; one aod Representatives: McDill. SENATOR KELLY’S OBJECTION, Senator Keuiy, (dem.) of Oregon, then presented an Senators Mitchell and wrence, Burchard and objection to ‘the certificate of Cartwright, Odell and Watts, Itis signed by Senctore Kelly, Bogy, McDon- ald, Stevenson and Cooper, and by Repreveotatives Field, Tucker, Lane, Jenks, Walling, Clymer, Wiggiu- ton, Poppleton, Vance, Hard ana Luttrell, ‘the grounds of the objection ar ‘of Oregon hay of the Governor of Orey xed by sections 136 and 138 Unit olect them a certifient be made and ai Kevised Statutes. Seroud~'The papers bave nos annexed to them alist of names of Cartwright, Odell and Watts. as electo: the veut of the State of Oregon was affixed by the Secretary of State and signed by Governor aud secretary, as re: quired by section 60 of chapter 14, L 9of the General Laws eon Third—It was the right and duty of the Oreyon under the jaws of that State to election or appointment as elect to Joho C, Cartwright, | Witllam HL, Odell gnd. &. A. Cronin, they being the thr persons capable of being appointed Presidential electos who received the highest numier of votes ut the election held in Uregon on November 7, 1376. Fourth—Cartwright and Odell bad no right or anthorit in law to appoint Watts to be an elector om. Decemmer 6, 1N7si, as thero was uo vacancy in the office of Presidential eleetor on that day Pijth--Cartwrizlt wud Odell had no right or authority in 1nw to appoint Watts an elector ou December 0, 1570, inas- vel ue thoy did wot ou that day compone oF form any part f the Electoral College ot Cage as by law constituted, iovernor of ive m certificate of | th—Curtwright «ud Odell had no autuority to appoint Watts an ctor on December b, 1876, becanse on that day Watts was still the postmaster at Lafayette, Oregon, and was stall on thut day holding suid office of profit and tru Serenth—-Watts, who claims to be an elector in the above ate, was in February, 1873, uppoin pe ixyette. Oregon, and was duly comm sioned and qualified as such postin: that being an office of trust und profit. under the law: United States, and continued to be and act asxuch postmaster trom February, 1873, until alter November 13, 1376, and was acting ax suet postmaster on November 7, i876, ‘when the Presidential were appcinted by the State of Oregon, and that he igible to be appointed us one of said Presidential ighth—When the Governor of Oregon caused the lists of tors of the State to be made and fied, such lists did not contain the nume of said Watt did contain the names of Cartwright, Odell and Cronii who wero duly appointed electors of President and Vi President of the United. Stutes in the State of Oregon, on November 7, 1876, A FURTHER OBJKCTIO: Mr. Lawrenon, of Obio, presented a further objec- tion to the ertificate of Cronin, Millerand Parker on the ground that neither of them had been appointed a Presidential elector, and that Odell, Cartwright and Watts bad been duly elected and bad cast the only true and lawiul votes of the State, ‘This paper is signea by Senators Mitchell and Sar- gent and by Representatives Lawrence (of Ohio), Mc- Crary (of Iowa), Hale (of Maine) and Banks (of Massa- chusetts) The Presiding Officer then stated that all the cer- tificutes from the State of Oregon, with the accom. panying papers and with the objections, would be now submitted to the Electoral Commission for its judg- ment and decision, and that the Se: would retire to its chamber, ut A LEGISLATIVE DAY. The Senators having retired at fifty-five minutes past twelve, the Sreakxk unnounced the commence- ment of a new legislative day, which was thereupon opened with prayer by the Chaplain, ft LITTL HELL GATE, Mr. Hewitt, of New York, introduced a bill dec! ing Little Hell Gate not a navigable channel and ac- cording the consent of the United States to the filing up of the same, At forty-five minutes past four P. M. the House took a recess until hall-past seven o'clock this evening; then at 9:30 took a recess till to-morrow at 10 o'clock. PROCEEDINGS OF THE COMMISSION. Wasuixatos, Feb. 21, 1877. The Electoral Commissiou, after several formal meetings and immediate adjournments on account of the delay ia Congress im reaching Oregon, met at one o’clook to-day to hear the objections to the certificate in the Oregon case. The court was full at the hour of opening, with the exception of Mr. Garfleld. The clerk read the certificates Nos. 1 und 2. Senator Keliy, and Mr, Jenks, of the House of Represeuta- tives, were announced ag the objectors on the demo- cratic side, and Senator Mitchell aud kepresentative Lawrence on the republican side Senator Kelly, before proceeding to present his objections, stated that it might be necessary to have certain testimony ob- tained as to the certificate of appoiutment of J. W. Watts as postmaster, and also the certificate of appoint- ment of his successor, He had applied personally to the department, and they declined to give the papers unless ordered by the commission, He asked, there- Jore, tor that order, that they might Le produced, and would aisO desire a subpwna for two witnesses, Mr. Watts and Senator Mitchell, the latter of whom was present, Mr. Justico Clifford inquired if it would not do as woll tor counsel to present this testimony later, to which Representative Jenks responded that it was not important who it came from, and that it was only to save timo that the application was mado now, so that the papers and witnesses might be present when wanted, Senator Edmunds moved that the commission issue a subpwna, and Seuator Mitchell stated in reference to the witteuses that both were here in the court room and would respond at any time when the comuission thoughs it proper that they might be culled. Mr. Jenks, theretoro, stated they should not want a subpana, Senator Kelly was invited to proceed with his otjec- tions, but asked 4 recess for bait an hour in order to | collect certain books and papers that had not urrived. SENATOR KRLLY’S ARGUMENT. ‘Tho recess, on motion, Was granted tor half an hour, and at & quarter pust two the Commission again a sembled, und Senator Kelly proceeded with his urgu- ment in objection to certificate No, 1, under rule 4, substantially as follows Mx. PRESIDENT AND GENTLEMEN oF THE ComMis- MissioN—The first ovjection waich bas beeu made to certincate No, 1—and it 18 the first ono that I shail dwell upoo—ia in these words:—'The said J. W. Watts, who claimed to be one of the said electors, was, in the month of February, 1873, appointed’a postmas- ter at Lalavette, in the State of Oregon, and was duly ned and qualified as such postmaster, that an oilice oo: =protit, und trust under laws of tho — United States, and continued to be and act ag such postmaster trom Feb- ry, 1873, until after tue 13th day of November, and was acting as such postmaster on the 17th ot November, 1870, when Presidential electors were ‘appointed for the Stato of Oregon, aud that the said J. W. Watts was tnehgible to be appointed as oue of the Presidential eiectors.’’ There will be no dispute, | presume, of the facts averred bere, It is true, beyond ‘doubt, that this Mr, Watts was a post imister, und Ido not think it is necessary for any proot of that because the view we take of it is whut that matter wus touod by the Returoing Board, and the Returomg Board really decided that he had no part in that election, Now, what is the result of those facts? I reler to tho constitution of the United | States Eneh State shall appoint, in such manner as the Legisla- ture thervof may direct, "number of electors equal to the number of Senators and Kepresentutives to which the Stace may be entitled in Congress: but no Senator or Kepresenta- tive, or person holding anoftice of trust or profit under the United States shall be appointed an elector. ‘The question oceurs, Is this un office of profit and trust? 0, (he constitution is as clear as the Eng- lish language can make it:-—"No person sball be ap- pointed au elector who bolds an office of proiit or trust.”” WAS CRONIN ELIGIBLE? | Tho next question presented ts, If those gentiemen were not cligible, then was Cronin, who recvived the next highest number of votes, eligible? It 18 impossi- bie for te bo Teter to all these decisions im the brief space of one hour, and | will, therefore, oniy refer to a flow to show Uhis—that where a pergou is ineligible and bas received the highest number of votes, tho ‘That is in Indiana, in Maryland and formerly in Maine, uauil st was c Urmed by logislitive enactment, and | contend im Cal Horata that this isthe rule. I shall reter to decisions 1m gupport of that idea, The now weil known case of Gulick ve. New was referred to here by the speaker in support Of his theory; also at page 93 of Fourteenth Jndiana, Forty tirst of fndiapa, 572, and Filteenth of Indiana, 327. The speaker contended that it was a dociring in Maine aud so adjudged by tue Supreme Court upon an action submitted bythe Legislature to that court and so held; and, he con- tended, upon matter of law and privcipie, shat in Oregon the next highest to the ineligible candidate tukes the office, The constitution says:—"When un election 18 held by the people under tis constitution, the person or persons who shail receive the highest number of votes shall be deciared duly elected.” There is & positive injunction im the law that tho electors shail be elected on a particular day, and there is ho authority to elcect at another time, but I bold that the first election ould decide the whole matter, because it 18 impossible to convene the electors at a subseq' time vo bold a new clec- tion to supply the vacancy, Here the power of the people has become cxbausted. They cannot vote o secoud time, even if they had time, because the meet- ing of the electors took place within thirty days ait the first clection, necessarily the tirst ono must decide that matior, Tho highest candidates must be chosen, or thu State will have no representation, ‘Thore will be a tmlare to elect one porson and the State will lose its righty, That is the position that 1 take. | There is a positive injunction that the State shall do | that. This laws madatory, and it says the ciection shall take place on thut day, The next point, and the one Which will be most strenuously vontested, 1s this, that the Governor bad no right to deciae this mutter; that it Was a judicial question and not a question for the Executive, There is nothivg more fallacious. In every department uf the government of the United States as weil as the government of tho State vory officer, whether executive, legislative or jadie is compolied to exercise jadgmens in certain oa: Take, tor instance, an executor i the United States, Hore, whon @ disposition of iand is to bo made be- tween Seon peremaiat retires to exmate to sottlo that matter? Not at all. Tho Land Uflicer adjudicates these matiers. 1¢is@ preliminary decision that must be made, and so t! inust be a prelim decision made in many other m: %. So it is im the State governments, too, Tho Executive is called apon to, exercise certain duties and rights, and he must decide. For instance, a man has ceased to be a resident of the State who is un officeholder or ho dies, The Governor must tako cognizance of tho death of an incumbent without the court deciding that fact. lakes notice of an abandonment when a person leaves the State. The speaker here relerred to the case im 14th Indiana, which was a maudamus to compel the Governor to sue & commission where the Court said the Governor might determine whether a candidate was entitied to receivo * commision or not where his right rests upon the ground that tue constitutional inhibition is in force. If \ne Governor has ascertained that he has issued « commission to a person inoligible to the office he may issue another commission. The speaker also referred to thirty-ninth Missouri, where. 1t says that the Governor must have a discretion in ap- pointing commissioners. He muy go bebind a certti- cate, The tesuing of a commission is an act of the Executive in his political capacity and not his judicial. In ail these cases he exer- cises a political discretion for the use of which he i# alone answerable to bis jcountry, Why, then, 1# nis discrotion taken away or aestroyed, when hiss duty refers to the issuing of a commission? It certainly ig not, Ifthe Court has jurisdiction in that instance to prescribe the rule of his conduct they cer- tainly possess it in ali other cases; and this would make the Judges the interpreters, not only of the will of the executor, but of his conscience and reason. By Commissioner Tharman—Does the law of Oregon require the Secretary of State to give any decision at ail, or does it require the Governor to give the evi- dence of the tact’ Senator Kelly—Let me read ;— ‘Vhe votes for the electurs stall be turned and canvassed as the canvarsed for members of Congr cFotary of State shal! prepare two lists of the names of the electors aud alix the seal of the State to tho same, Such ists shall be signed | by the Governor and Secretary wnd delivered to the culiexe of electors at their iweetiug on sald first Wednesday of De- oe tly Teewived, re- e aro given, returned and By Comm‘ssioner Thurman—Does the Secretary of State make ous that list including the uame of Watts’ Senator Kelly—No, sir; it did not include the name of Watts, The decision ‘upon the facts and upon the Jaw Was upon the interporition of a protest by a nam- ber of gentlemen to the counting of the vote of Watts. The Governor undertook to decide the mattor, as he had a right to decide it, under the decision T have slated. Commissioner Abbott inquired whether the certifi- cate which was presented here was not in exact ac rdance with the provisions of the law of Oregon in every respect, Seuator Kelly replied that it wast direct accord. ance with the law of Oregon and the law of the United States. Commissioner Abbott inquired whether there was any otner Board in Oregon except that constituted by the Goveraor aud Secretary of State who could certily to the election of electors. Senator Kolly replied that thero was none. ARGUMENT OF REPRESENTATIVE JENKS, | Representative Jenks next addressed the commi: on beoalf of the democratic side, substantially dis ing the game points aa those referred to in the urgu- ment of Senator Kelly, OBLIGATIONS TO OBSERVE THE Law. Mr. Jenks then quoted several authorities in tho Pennsylvania reports in regard to the election ot Seu- ators and Representatives to Congress, and said tha sano distinction was there made between the election and the time of — holding office in regard to these offi as well | as clectors. The citizen who votes is as much bound to reuard the requirements of the law as the pereun who is voted for, and if he disregards those provisions You inust treat his act as @ nullity; it 18 to be treated | as though itwas not done. The learned counsel on the other side have argued that, notwithstanding a thing was forbidden, if it was done in detlance of the law, Why it was an’ act pertormed avd must be re- garded, On that reasoning the provisions of the law could be disregarded, and the constitution woula at once become a piece of obsolete literature, useful only for the study of the antiquary, Mr. Jenks quoted authorities to show that the legal votes are to control the votes that ure cast illogalty. In reply to an inquiry trom Commissioner Edmunds Mr. Jenks said that it puts the question independent ofthe knowledgo of the voters. The Enghsh cases assume this doctrine, that if the person who votes knows that the person for whom he bas voted is dis- qualitied in that event bis vote is thrown out. If that was the doctrine in this country, the people being the principals and the officers their agents (supposing the English doctrine was the true one, thut the voter must know that the disqualified elector 1# disqualified), still the theory of our goverument is that the people are the principals and the officers their agents, und they ure nat presumed to bave any agent that they do not recognize. So that Watts was not elected i! ne re- ceived a majority of the votes. 4 Commissioner Tuukman—Your proposition is that where a man cannot be voted for then knowledge on the part of the voter 18 of no consequence. Mr, Jenks—It.1s of no consequence whatever, The English authorities do not protend that the votor should know the disqualifications of the candidate. It is only as to whether tue next highest candidate 1s elected. In any event the man 1s not elected who re- ceives the majority or the highest number of votes. Tbe question is whether the other is elected, and under the theory of our government that the poopie the principals und the officers the agents, 1t does not apply. We will then assume that Watts was not elected. THR ACT OF THE GOVERNOR, Commissoner Edmunds inquired Low the statutes of Oregon would apply to the action of tue Governor in declariog the place vacant’ Jonks—The uct of the Governor was in pursu- auty conferred by the constitution upon Lim, in which be was to exercise an honest discretion end which was conclusive as a political duty. After baving sworn he would not commission one who was disquali- fed; be could uot dothat, and be had tho right to decide vhe question as to whether there was an election or not. Commissioner Edmands—Had this been an ordinar¥ State office, for the term of 4 year, for instance, aud | the Governor had done the sume thing, would 1 bave | heen competent for the cuurts to have reversed his judgment and decided the other way? Mr, Jenke—In conformity to the law of the land tt would, but without that conformity and without that express statutory enactment it would not In the first instance, it was controlled by express stavatory provision, Mr. Morton inquired whether, in counsel’s opinion, it would bo competent for a State coustitution to regu- | lute in apy way the appointment ot electors. Ur. Jenks replied that the constitution of the United nierred that power in some instances upon the Legislature of the State. The constitution of the United States becomes a part of and incorporates it- | sell into thas of every State. The Legislature ot the | State, in conformity to this double instrument and the power conferred by both, may so regulate, it it does not infringe upon either The Governor's tunctious tm the commission are political, and us such, when not in cuntravention of the well axcertaimed law, they are conclusive, and i it be a discretion which may be exercised politicaily, that discretion without | nuda fide ix conclusive. Mr. Jenks, in resuming, said the propositions, then, that we have attempted to show are these:—That the only evidence belore you which contorms to the jaw of the land 1s the evidence as required by the law of Oregon und the law of the | United States—that which 1¥ certified to by the Gover- | Lor of the State of Oregon. Second—That the act of that Governor is conclusive Upon this tribunal in this inquiry. Thivd—Tuat Watts could not be elected, even if he Dad a majority of the votes, Fourth—That the votes being cast for one who could not be appointed, Cronim, the next highest, was | elected, Fifth—That even if Cronin was not elected there ‘was no vacancy, and being no vacancy there could be | no filling by aby colloge whatever. Then the case stands in this way:—Cronin comes | and votes; two others come and vole, but you do not | know whethor they are the persons voted or not, be- cause they do not come identified as tho law says they shall com But assuming tbat they were the sume persous wHo Were Voted for and properly ideutitied, whieh ol these votes sdbould be Counted ¢ Cromn’s vote should be counted as casi, and the other two as they are cast, would be the conclusion I should come to trom these several propo- tions, Wo Veltove this to be u correct exposition of the jw and the true cause, because the constitutional disquitlitication 18 not one to be Lorgotten or repudiated, 1t 18 perhaps too common ow to regard tue provisions of the coustituuon as uirectory, and to be oboyed or disobeyed vt the option of the person Who may be ad- inistering them. But we ask you to give to this its proper weight in its decision, and giving it such proper weight the result will be ay we have indi- cated. Mr, Jenks conciuded—I ask this commission, siand- ing as it does us the last arbiter, to do its duty impar- tially upou the law and the facts of the caxe, remem- bering that otherwise a precedent would be established which mignt be fatal 11 1s consequences, THE K Senator Mitchell presented the objections on behalf of the republican objectors, and in bis argument said In Oregon there was uo law authorizing the Governor to certily u minority candidate elected, The Legisin« ture of Uregon might bave provided that the electors « should be appointed by the Governor, the Supremo | Court or the Secretary of State, out it did not; but did direct that the — people, the qualifled electors, shall, by «plurality. of votes to be cast in the dilferent ‘precincts, choose elec- tors, ‘The manner of appointinent necessarily in cludes not merely (ho way in which the votes shall be ast, but also # moans of determining what voLes were cast'and the resuit of such votes, Hancd the Legitla- ture of the State las provided, as a purt of the means necessary to an appointment, the mode of determining | and declaring the result of the election. This, in Ure- gon, prescibes returns from precincts to couoty from county boards to the Secretary of State, final duty it 18 lo canvass the voves and asce twin who has the greatest number of votes. This is the last act im the process of the appointment of a Presidential clector by the State, hat toliows is no part of the appommtment, but simply mat- ter of evidence of the tact. All that precedes enters into und constitutes a partot the manner of appointinent. Governor Grover, in the mutter of issu- ing bw certificate, he telis us, nored the State stat utes and followed those of Congress, Lf Congress had the power to prescribe a fon of certifivate—and | be- Heve it had—then such ceruficate is no part of the manner of appointment, and 10 issuing it the Governor could not change the appointment as made by the State and officially determined vy the Secretury of State as the foal and conclusive act in the process of appointment, Behind tis witimate determination of the Canvassing Board neither the Governor of the State nor the tribunal whose tinal duty it 18 to count the votes for President and Vice President, whether it the President of the Senate, the two houses of Congr or the Kiectoral Tribunal, can rightiully go. Tho Electoral Tribunal can question this of any other pro- ceedings down to the boundary line where they touch the soanuer of appointment, “Thero the jurisdiction | week, but their inquiries have been con- | ducted im the most secret. manner possible. When the investigation was begun it was NEW YORK HERALD, THURSDAY, FEBRUARY 22, 1877.—TRIPLF SHEET. ends, the decision of the State through its canvassia; officer being inal and conclusive, Senator Mitebel then passed to the consideration of the question as to the power and duty of the Governot im this regard undor the constitution of the State of O. gon, ¥aying:—Should it be held that the appointment ‘of Watts was not merely voiduble, but even absolutely void, Which | iusist it is vot, aod (hat there was as to him a tailure to elect, stil] under the statute of Ore. gon, broad and comprehensive as it is, the clectors | present had the right, and it was their duty, to fill the Vacuncy occasivned by such faiiure to elect. It bis appoiwtment was merely voldable, and might have been declared void unuer the statnte, by a competent tribunal, but was not so declared, then be could right- tully act im the College of Electors, either under his original appointment by the people as an clecior or by Virtue of his appointment by the electors present ben they accepted his resignation, Or should at, for the sake of argument, be conceded that Was was not appointed and that Cronin was, and it is also conceded, as ‘t must be as # matter of fact, that thoy—Odell, Cartwright and Cronun— did not act together an ctoral college, but that dell and ‘artwrigt a — majority of the college, acted together with Watts, whom they elected to till the vacancy, and Cronin, a minority of one, acted by himself, which, in such a case, 18 tho legally constituted college? There can be but one col- lege of electors in a State, and, under these circum- stances, the former must be held to be ouly that one. ‘The only record the law contemplates as to vacancies 13 the record made by the electors themselves, This is not merely the only record, but is, I confidently in- sist, conclusive upon ‘that fubject, and Odeli and Cartwright, being a majority of tho elec- tors constituting the Electoral College in Cre. gan, Whose title is indisputable, questioned by no One, not even by the Governor in his certticate, but by it approved their certiticute as to the fuct that there was a Vacancy and that such vacancy was filled by them 18 conciusive, pot only against Crovin, but all other persous, the State, the general government, Con- gress und the Electoral tribunal as well, At the conclusion of Senator Mitcuell’s argument it was announced by the democratic counsel that they should require an extensivn of their time to aouble the amount, and were willtg to sit until late tn the & ing. The question, however, was not then dec and as it Was getting dark candles were brought in aud Mr, Lawrence proceodtd with his objections. APTEK RECESS. The commission roassembied in the Senate Chamber at hall-past sov Mer. Merrick anno :nced that Judge Hoadloy « solf would appear for the demo- | cratic side. Mr. Evarts said that Judge Stanley Mathews und bimnselt would appear for the republican siae, Judge Hoadiey thon addressed the commission for two hours, and ut halt-past ten o'clock the commission adjourned unul to-morrow morning at teu o'clock. A ALEMENT FROM MR. TILDEN. HE REPUDIATES 1HE AGKEEKMENT NO TO OVER- HAUL HIS BANK ACCOUNT, AND DENIKS ANY PAYMENT? ON ACCOUNT OF AN ‘ELECTORAL VOTE FROM OREGON. Governor Tilden has sent the following communica: tion to Senator Kernan :— New You, Feb, 21, 1877. Hon. Fraycis Kennax, Washingiou, D, C,:— 4 A telegram to the Associated Press, published this moraoing, states that a Lurmonious agreement has been Drougiit about between the Seuate committee of which you aro a member and a comiittee of the Hous Which it has been decided not to gu into an exan ton of iny bank account on the one band, nor the ac- counts of the chairman of the Repablican National Committee on the other band, T repudiate uny such agreement and disclaim any such iuinmunity, protection or benefit {rom it, L reject the utterly fulse imputation that my private bauk ac- count coutains auything whatever that needs to be concealed. Under the pretence of looking for a pay- | ment in December the demand wus for all payments after May and all deposits during nine months. The’ bank was repeatedly mevaced with tho re- moval of 118 officers and booka to Washington, A transcript of entries of private business, trusts, churities, contuining everything but what tho commit. tee was commissioned to Investigate, but nothing which At Was coinmisstoned to investigate, because nothing uf that sort existed, has beeu taken, with my knowledg to Washington. ‘Ot course, there 18 no item 1 it rola ing to apything jv Oregon, for I never made, authorized or kuew of any expenditure in relation to the election in that State ‘or the resulting controversies or any promise or obligation oF negotiation on the subject. Mr, Ellis, the acting president of the bank, himself a repablican, some titne ago told the chairman of the committee and several of its members that there 13 hothing in the account capable of furthering any just object of tbe investigation. 1 am also informed that a resolution Was passed to summon me as a witness, but have received ho subpona. 1 had written belore this telegram appeured requesting you to gay to the com- mittee that 1¢ would be more agroeable to me not to visit Washington if the committees would send a sub- committee or hold a session here, but that otherwise IT should attend under the subpana, As to this rangement now reported | have only to say that I can accept decorum und decency, but not a fictitious equivalent for a mantic of secrecy to Pag age else. * 8. J. TILDEN, “ELECTOR” TIM HURLEY. HIS MASSACHUSETTS LIFE AND HIS QUALIFICA- TIONS TO REPRESENT THE PALMETTO STATE IN THE ELECTORAL COLLEGE. [Bx TELEGRAPH TO THE HERALD, ] Boston, Feb, 21, 1877. Pront personal knowledge, as well as trom informa- tion @upplied by others possessing a more imtimato ac quaintance with the individual, your corre- spondent 18 enabled to shed considerable light upon the antecedents of Tim Hurley, the alleged ineligible Hayes elector from South Carolina, who arrived in Washington on Tuesday oven- ing in charge of the Sergeant-at-Arms, The statement which the HxRaLp correspondeut scnas from the national capital to tne effect that Hurley is an alien and has never taken out his naturalization papers 1s iucorrect, and the fact has been conclusively proved here ia Boston within a few days. In this connection it may also be stated that the matter of Hurley’s prov. able ineligibility has been a subject of investigation here on the part of leading democrats (or the past cousidered almost certain that the ineligibility of the “carpet-bagger”? would be fully established, | and I have the best reasons for stating that umong the brominent democrats who shared in this opinion were Mr, Tilden, Mr. Hewitt wod Mr. Prince, the latter be- ing Secretary of the Natioual Demoeratic Convention, aud now Mayor of Boston, What it was intended to prove was that Hurley bad been convicted of a felony, which, wider the law, would disfrauchise from | Serving as a Presidential elector, Asa inatier of tact 1am informed on good wuthority that Harley was con- victed of @ crime committed In Charlestown, Mass, several years ago; but he was convicted and sentenced with three other men, ali of them giving fictitious names when brought toto court, A PRUITLESS SKARC For nearly @ fortuight, by direction of Mr. Hewitt | aod Mr. Prince, parties have been engaged in over- hauling the records of the Middlesex county courts for substantial and tangible evidence, bur their eftorts to | find the necessury documents were im vaiu and the search has been abandoned. ‘The tact that Hurley as | well as Lis partners im crime went under assumed names 18 the reason assigned for failing to discover the Jegal record. ‘There ure a great many acquaintances of Huricy tn Charlestown who are familiar with the cuse, | Dut it is claimed that their evidence would yo tor baught without the court records were produced, A HOKN YANKKE, As before intimated, the stcry that Hur'ey ts an alien has uo foundation whatever. ‘Tim i a | full fledged citizen without going through the | forms of naturadgzation, for ue was born in| Knoeland street, in this city, He was tore | merly a resident of the Gonker Hill district, where | | the DONN PIATT’S To Tue Wasiincros Caritat: me to say a word in response that bus fallen upon my head. To those who know me it is crime of assassinatiou. Open tionary wrong, for which what preced the people and pot to the ai people are not assassins, vor to wrong. Here 1s what I said As we anid w week since, this ts and if the people tamely submit w to constitutioual turning board to do ii thus returned to pow to the Cu; very that do not belie. ¢ the people of this servile sort without « biow, to part with th possessions When the tim the above can be we lett’ In the above, however, ho indicated the danger. seoms, Would need no urmed su} tice Davis declined und Bradley the hopes of Hayes, th additional troops moned 11 there is uss ation it Sassination in the President's wi army; Lappeal to the people. ome, in this suygestion, stricken winds of seem lo buve forgotten, aut vrother-1 fight ume vu gault me, 1 garded ina vory cheerful light sination, le 80 horrible a crime, say. Beyond upon right sauctioned by tin blood of the peop! carivg for themselves without Is Had the national House of coutrolling section, been # bod and James G, Blaine thé not have been resisted, power of w strong House of RK led the nation to a fulfilment appoiutment of Mr. Tiluen ax that body to choose its own had not the least power to pre’ Teprosontative fixed, steady and unswerving toader by the pronunciado ot a have been speouiy silenced But tho Representatives 1s a body of 8 almost beneath contompt tor Hiucal anmlessness, It 18 the sembled at Washington. It is sun odds aud ends, athing of colonel: few, very fow, men of brains would develop Bumber ts 40. 5: that their tuflue: Some of these. Ohio, aud Mr. Tr mpson, of phalanx | 1618 not the less to the imbeci! House that the treasvnavie owes its success, * * * Let not those demagogues “the waiting game 1s theirs.” ing the wai Lot the that an ‘appeal to the peuple’ have tuo otten betrayed the coi people have reposed in them. and tricksters, Let them uot resume their proper function 1 wse (he peuple te 11 not. but the appeal will be in’ vali purty dog is dead, ing class hus been made, REFORMING 5: Every man was at his post, vigilance and attention to his Veing, doubtless, actuated by which 1s now regaraed as in any further changes bimselt marked yesterday that unde Ordinates, subject, OF course, tue tithtulness uuu elticiency 18 understood be adopted penses is the erection We north, south and prison, and ‘the construction fooking to his blood relations still reside, and itis said his wife lives ou Kast Newton street, in this ety. He is a sul- dier of fortune, and is one of the cliss known ay urpet-baggers,”’ having travelled south with the army. | after the war About cight years ago he left Charlestown for Columbia, 8. °C, and, becom wg identified with republican politics, amassed | considerable wealth, bis wordly possessiuns bemy vari- ously estimated at preseut anywhere trom $100,000 to | $150,000, Those who profess to Lave a Knowledge of the man, however, say that $80,040 will cover the ex- tent of his wealth. Hurtey paid u visit to this city, 1b ts said, lust yeur, and while in town made his will. | He bas av exal ed opinion of Tim Hurley, anu looked out for his intercsts at ail umes und under all circum: stances, He resides 1m that portion of Columbia, 8. C. known as sarleyvilie, which was named atter himselt, At is related that soon atter the Presidential election a Mian of this city, who years ago was a schvolmate of Hurley, wrote hima sharp letter on his duty to bimsel! and his country, and appealed to him to so act | that a ray of sunhgat might penotrate the cloud of the | past. Soon alter that time Hurley was reported us weakening on Hayes, but he was braced up and tailed to follow the suggestion made, HURRY AND NAPOLEON, ‘Tim is credited with x story in which he 1s repre- sented as the hero. Previous tu his departure for the South he went to France with Ten Broeck, tne horse man, and while in Paris Tim says be bad vecaston to do some little favor for Napoleon Ill, The jast Emperor of the Freneb felt so pleased that he took a Napoleon” irom bis purse, aad after holding 1t be- tween his thumb und lorefinger a few seconds threw it on the ground with the remark:—“That’s for you.” ‘Tim immediately straightened himsell out and replhed that he was an Atorican citizen aud “would not stoop tor even an Emperor.” “Phat will to do to talk about,” said the gentieman to whom ,Huricy told the story, “but ita Frenchman bapponed along about that time and stooped for the coin, you'd see how quick Tim would put nis foot on 1h” WE WON'T “CHUCK” THIS. To tae Eprror ov tHe Heraio:— Some time ago, when nobody cored for Grant's opin- fons, you filled your paper by quoting what he said about a man accepting the residency when counted in by traud, and you putit in on every page, and about twenty times on cach page. Now, wheo those ances, repeated from day to day, might robuke a re- publican, you don’t think it worth while to tet such sentimer pear in the HeraLo. I suppose you wit! ebuck this wader your table aud pay ho attention to It, } could hor pockets of their contents, aud torn a scart Of several guaruy anu kee] prison is sull crowded almost | over 200 of the ces baving to Filty of the most objectionable jailebirds victs ¢ wore securely Auvuru. ch, selected yestorday eve! ironed were taken FRACAS IN A At about eleven o’clock yest collect a bill tor a carriage sent and used by him, senger bad mu ¢ aimistake ip dir, Laughlin, and he should b instead. used his veb Laughii Mr. Brown's nas with his payment, Brooklyn, was proceeding alon; tion of Chauncey street, when deuly to hor and demanded by could reply to tho audacious Sho toll rogain down, her feet trom around her neck, The ber futher of the o¢currence, velore word of the robbery wu: precinct station house, “Ag slouched hat and a dark Rovort Trimale, twenty yen 63 Hamilton avenu a8 you seem to think it all right now for Hayes wo ac. ore a place if counted im by fraud. Yours, respect. fully, JOHN WILLIAMS, and chain, valued at $250. answer, there seems remedy, {8 ouo thing; aesassination is another the sentence so strongly commented upon nounced it will appear, when taken in connection with and follows, that my appeal is made to Fraud no ion 1 have only put what the President has embodied In acts, ing (roops ut the vational capiial for the first story of the Republic to enforee 4 Then, tom significant when it was apparent th instailed, ho urderod his troops away. these gentlemen, When luw Casoy came 1 ask no odd8 of these people. with a dangerous clonent when tbey openly innovate “THE ‘DEMOCRATIC’ DEAD." have ventured to attempt to do #0, assembly of the Aterican peuple a ious and contempuble representative combiuation of Crossruad politician! % yume these many years, thut bave not been satistactory. | played out. The arrival of Superintende: It 13 nut coutempiated by tho Superintendent to that be should Wien hold the w: thas among the m Brovklyn, was ‘ar witing KW. Kugelke on Satur- Gay evening last, aud robbing him of his gord wateh |THE STRIKING ENGINEERS. DEFENCE. As wy paper is not issued until next Sunday, permit to the torrent of abuse not necessary for me to say that nothing was further from my thought in pen+ ning the editorial of jast Sunday than the horrible Fesistance to a revolu- other Io and de- ssussin. The American will they submit tamely and again repeat: — not law: It iv re e may bid w long ean ri pitul. to be inaugurates will follow the iusuguri the United States are of We do not believe that they are prepared, heir hurd enrued, vlood: comes that any other sentiment than jt und uttered, 1, ior one, shall teel ashamed of my country, Rob the people of the ballot, as these conspirators in power mtend, and what have in words gath ime in juauguration 0 the act more Hilden was to bo Mr, Tuden, it pport, Then after Jas. ’s appointment revived rder was couuermauded and Washiugtoa, %. He appeals to his recall to the horror- an eveut they | we President’s son | to my house in the the presence of my jam- Aly, under circumstances that made the attempt, hau L | been at home, simply atrocious, aNHIUALION Was re- At atlorded ground tor Jesting to tho Very journals that are now so ludignant, However, | only seek io protest the masconstraction put upon my words, None other than ap insane man, | or one desperately Wicked, Would ever think of assas- | @ publicly advocate the commission of this 1 have uothing to no and sanctified by the ‘They will have eoough to doin troubling me, DONN PLaTY. PARTY DOG (From the Chicago Times, Feb. 19.] Representatives, in its dy of stroog men—men of the force of character and deeision of purpose that made Winter Davis and Thad Stevons and Ben Butler | representative men’ their party in spite of Itself—tmen capable of giving the | Ol an emissary of Queen or Enperor who proclaimed command and taking the lead cohorts of fraud would have felt that an organized | Qur railroad corporations are power Was moving to its aim with a steady step and a force that 1b would be utterly idle to resist, It was us completely in the ” of tho execution —the It would Representatives to have ot its decision in the | it was in the power ot Speuker. ‘The Senate veut it, and would nut iB in un able purpose to carry forth the popular decision, all traitoruuy threatening ot Grant's bayonets, all empty talk of setting up a pre- Senate chairman, would and shamed into ove- dience to the law aud the national will, controlling section In the pr ent House of poils-seeking politicians their Jeebleness and po- weakest, pose pusilaut- ody ever ys- an aggregation of parti- “shreds aud patches,’? a contederate * granger’’ idiots, partisan mountatanks and political charlatans of the lowest oruer. There area who with experience luguitios of statestmansaip, but there Ht and their inexperience x0 great @ amounts to nulbiog ip effect otably Messrs. Hurd and Walling, of Massuchusects—dororve praise for the mauiiness of their protests against the pertectly infamous dirt eating of the Bourboaic Bay ard, Kernan, Hewitt, Randolph Tucker sud the whole t reconstructed’? Southern humbugs. ity aud feebleuess of the conspiracy to set up ap elective monarch upou a basis of loathsome fraud, cloaked by the poliuted robe of a judicial prostitute, flatter themselves that ‘They have been play- ith results That game, tov, is not bug to their fossil bosoms the delusion will be heard. otiden. They They tov creduious ave wo often forleitea the popular trust they have asked for and ro- ceived. As representatives of the people, they avui- cated their function when tuey referred: thi ment of a President to a committee of partisan knaves appomt- hope that » relasal to n time to prevent the consummation of a colossal outrage and national dis- » listen to their wppeal. They may uppeal to the people; vu. = The ‘democratic’? ‘The last chango of the nationul ad- ministrauon Which implies # chatge iu the office-hoid- ING SING. nt Pillsbury at Sing Sing Prison yesterday moruing produced « flutter of excite. | di | ment among tho numerous Ollicials of thut institution, | displaying the utmost duties, most of them & hope that they may be spured amid the sweeping dismissal of empioyds, | mminent The ouly ap- pointment mado by Mr. Pillsbury was that ot | 3. W. Clarke, to the position of agent and warden, im the place of Warden Youngs. at present, as bh bis sy: he woud leave to his Wardens the selection of their own sub- to his approval, und ardeus responsibie tor of their appoint It 4 reduction of ex+ of a stone wall on ust sides =f the of an iron fence on the West of river side, With suitable gates to admit of the loading aud unloading of vessels, enable the management tu dispen: rs, Whose | @Xisting circumstances 1% an absolute necessity. This, ibis said, Would with the services: tion under to its utmost capacity, aecommodace two con ning, and to the fier being Sute Prison at BROKER'S OFFICE, erday morning Mr. D, Loughlin, a livery stable keeper uptown, called on Mr, Melville Brown, a broker, No, 20 Exchange place, to | to the latter's house Mr. Brown averred that his mes- | rdering the coach trom ave gone to a neighbor ‘The stable man insisted that he could not divine the sorvant’s intentions, and as Mr, Brown tad | je he had a right to pay for it, Brown not only ordered Mr. Laughlin out of h but actually tuok him by the cunt collar toe) Mr. office him. however, planted several scientific blows on orgau, and declares himself satisied HIGHWAY ROBBERIES, Miss Clara Smith, of No. 296 McDonough si yet, 4 Lewis avenue about ten o'clock yesterday, and had reachod the intersec- & man stepped up sud- f money, Belore she jemand of the rudian he raised bis fet, and with a violent blow knocked her | in a poolof wate: od he raiiian before she baa rifled villam @ rap away. Miss Smith rewrned to her home, where she informed Hf an hour elapsed receiv ood description of the iellow was given to the potice. He is described as | bemg about thirty years ot aye, five feet eght inches in height, with very red face, and wore a black felt ‘8 of a , tosiding ‘The accused is bold to They are playing | ures about to | The | BEPORT OF THE MASSACHUSETTS RATLROAL COMMISSIONR®ES—A SCATHING CONDEMNATION OF THE ACTION OF THE Bifornenuoop AND THEIR CHIEF--PENAL LAWS PROPOSED 70 CHECK ABUSES. (BY TELEGRAPH TO THE HERALD. 1 Bostox, Feb. 21, 1877. The railroad commissioners of Massachusetis sub mitted @ report on the Boston and Maine sirke this afternoon, which is of importance and interest to rail- ruad employés and corporations throughout the country. It gives un elaborate and detailed history of tho strike, and denounces it in the most emphatic terms as @ movement wholly anwarranted and unprovoked, Relerring to the Brotherhood of Locomotive Engineers under tho leadership of Grand Chiet Arthur, it speaks of other strikes where they have carried their pointe, and then goes on to say that they no longer believed that Any corporation could stand out against them, or that another strike meant anything but a new triumph, The commissioners can entertain no doubt that it wag this sentiment among them which led to (he otherwise inexplicable action of the Boston and Maine engineers onthe 12th instant, It was little hetter than A WANTON EXHIBITION OF Pow. Tae commissiouers have no idea that either Grand Chief Engineer Arthur or the members of the Brother. hood engaged in the strike, will for an instant accept this explanation of their conduct, Mr. Arthur, indeed, with a misapprehension of the position he occupied, whieh would have been ludicrous bad it not ander the circumstances been alarming, dwelt with ness in his statement at the hearing on the faci | the Brotherhood was opposed to all strikes, and bad ¥ suggest.on there ts as- | recourse to them only tn the last resort. This may have been originally the case, and of the recent strikes which have taken place under its aus- pices the members of that board aro informed only through Mr. Authurs’ own statement to them, As to the strike of the 12: inst, however, after haten- ing to the evidence of the parties and endeavoring ta draw a dispassionate coucluyion from it, the comuilse stoners teol compelled (0 say that if the facts presented to us will justify a railroad strike under the protection of the Brotherhuod of Locomotive Engineers, with all its attendant losses, dangers and inconvenience to the public, the community bas no protection whatever, A DANGEROUS POWER If, moreover, the tofluence of the Brothernood is | Indeod exerted’ in the interests of peacs and good wi It cun only bo said that, whatever his secret counss may have been, Mr. Arthur's own puolie utterances and telegrams in connection with the recent diffieal. ties in Boston have been singularly untortuaatc, He has, to say the least, allowed his zeal and sympathies to got a very complete mastery over his discretion, Lo language, the signiticauce of which it 1s charitabie to suppose he did uot fully he, a ciizen of Oli, chief of a secret organization having rainiliea- tions in Massachusetts, has ventured to intimate that, undor existing circumstances, it depended on him only whether the movement on the whole ratiroad | system of the State sboulg not be brought to a stand- | sul, A power which the Legisiature itself would not dare to exercise, ap alien to our Jaws, claims to hold. Certainly if for reasons of accuracy or better education the locomotive engineers of Massachusetts were a class of Enghsh and Germans, instead of being of American birth, our peopio would hardly tolerate the presence and exercise such a them, threatened to power over Jt 18 not easy to seo where the distinction ties. wholly subject to the Jaws of Masgachusett a cannot escape from them, and there ss assuredly no reason why wn organization which speedtiy proclaims a practical power of stop: ping the whole action of these corporations should not also be subject to those laws or else cease to exist within the Ninits of the state. If the issue 18 to be 1 this shape the sooner and iore squarely 4t rented the better. The Comn y speak within bounds aud say only what it i their duty to say when they express that the condition of afluira disclosed in our railroad system, $n the result of tie strike of the 12th inst., is wholly incompauvle with the public interest. ‘Throughout their juvestigations the members of the Board have looked at the question simply in its public bearings. RIGHTS OF THR PUIL With the Boston and Maine Ratiroad as such they have not concerned themselves, That corporation of any other aud its employés may enter into what dis- putes between themselves may seem good to them, Neither party, however, can tor a moment be per- mitted to make the public the chief sufferer tn the con- test. Upon this point, at teust, no room for doubt should exist, The railroads of Massachusetts are its arteries; if to secure sume trivial and private end either ty to a conflict undertakes to wantonly atop the flow through those arteries, it becomes a question, hot between private partis, but between the cornmon- wealth and a public enemy. ndoubtedly the em- ploy és of a corporation have a right to leave its service, ‘hey can do so singly or in «body. ‘The company has also rights in the inattor. Those employés have no right to take out trains loaded with innocent trav- ellers—perbaps, as im the case of the recent Grand Trunk strike, in the most inclement season of an inclement climute— with the deliberate intentioa, to certain coatingencies, of stopping the train und abandoning itatagiven hour. A pilot might as well “girtke” und abandon his ship on alee sbore, It such an uct 18 not a criminal offence tt should be made oue, however, employdéas, in a reasonabie and with aw due regard to their obliy tions ‘to the public, have a right to leave the service of tue corporation, on the other band the corporation has an’ equal right to go into the labor’ market und employ substitates in the pluce of those who have so leit its service, aud those substitutes are entitled to protection in working tor it, They have a right to be guided trom intrusion while ta the line of their duty, as well as from insult and violence, So, again, the law of thts State, under heavy penalties, requires railroad corporations to haul the cars ‘of uther corporations over. their lines to their destination when called upon so to do During the recent strike locomotive eugineers on lines connecting with the Bos: ton und Maine rond have undertaken to say that in this respect the corporations employing them should not do what the law of the State specifically says they should do. They have retused to haul trains containing cars of the Boston and Maine road, thus setting allegiauce to a brothernood above alle- glance to the law. HISLATION RECOM! In conctuding,tueir report th meud the carly passage of penal following offeuces:— First—The abandonment by locomotive engmeers ot | their locomotives apon railroads im furtherance of any combination tor a strike except at the regular schedule juch locomotives. ction of a railroad or the injury or obstruction of the property of a rariroad corporation in the furtherance of the objects of a strik Third~Vhe interference with a railro, while in the pertormance of his duties or ises of the company. Fourth—The telusal of any lecomotive engineer ot Tatlroad employé, in furtheacnce of the object of 6 strike, to aid im the running upon the tracys of the corporation employing Lim of of the cars of other cor porations. BELLEVUE NDED. imtssioners recom: tatutes to cover the 1 employé nthe prem. ‘COLLEGE | COMMENCEs MENT. The sixteenth annual commencement of the Belles | vue Hospital Medical College took place yesterday atternoon ut the Academy of Music, The building | was crowded to its utmost capacity, The privilege te | practise medicine was conferred on 149 young stu. | | denta, The dezrecs were conterred by Proiessor Isaac Taylor, M. D., president of the faculty, Several prizes of 350 each Were wwarded tor the best examin lions in various studies. The Rey. Dr. McCosh delivered the inauguration ad. dress to the graduate The young physwmns were told they had choseu one of the highest proiessions wud the example of the grout physicuiis was cited. The graduates were (urthur advised to properly ap: Preciate their first pavents if they were puor and sto attend them to their dying boar if they it and (0 xend in no bill to the widow. The valedictory was delivered by aD. Lefiing weil, M. D., of the graduating class. FINNY EMIGRANTS FROM EUROPE, The ship Hamilton Fish, Captain Mortimer, arrived | in port yesterday from Liverpool alter a protracted and tedious voyage of sixty-nine days. Among ber cargo wore several specimens of rare and interesting varie- ties of English and German fishes, inteuded ws an addition to the attractions of the New York Aquarium. The tanks in which these fish wero curried were built on tho pendulum to avoid the motion of the ship, The t consists of a tine specimen of the English roach, a lot of sea urebing, five beautinl Foglieb sar some slugs, and « large number of beautitully-cole jerman salamanders, striped in yellow and black these tis! ived in excellent health and were n the reception tanks without accident, The h inters All | place visitors to the Aquarium yesterday were 1 ested in Visiting these tringatlautic strangers of tho MUTINY ON SHIPBOARD. A sailor named Agostini, connected with the bark Amehe, commanded by Captain Thananson and lying At thé foot of Bultic street, Brooklyn, wes artested | yestetday on a warrant issued by the Consul General | Of Frunce, Agostini is charged wiih rebellious misiee meanor on bourd of the ship While at sea, and oF Deal ing the captain and threatening to kill the inate, M'LAUGHLIN'S LO John M. Case and Thomas MeCarthy were discharged from custody by Justice Walsh yesterday, The parvew named were arrostud a few days ago on complaint eb Jovn F, Hetim, who purchased certain lots ol ground irom them, abd who subsequently found that the tile of the property was vested in Mr. Hugh MeLaugie lin, [twas shown on the examination that they had been imposea upon im the parehase, woich bad f contiv been made from a third party, aud they were ot aware of the deivctive tithe,