report to them of a master is
affirmed unless both judges concur in overruling it.
Under the present bill the decision of the commission will stand
unless overruled by the concurrent votes of the two houses. I do not
propose to follow the example which has been set here in the Senate
by some of the advocates as well as the opponents of this measure,
and discuss what construction is to be given and what definition may
be applied or ought to be applied in the exercise of this power by
the commission under this law. Let me read the bill:--
All the certificates and papers purporting to be certificates of the
electoral votes of each State shall be opened, in the alphabetical
order of the States, as provided in Section 1 of this act; and when
there shall be more than one such certificate or paper, as the
certificates and papers from such State shall so be opened
(excepting duplicates of the same return), they shall be read by the
tellers, and thereupon the President of the Senate shall call for
objections, if any. Every objection shall be made in writing, and
shall state clearly and concisely, and without argument, the ground
thereof, and shall be signed by at least one Senator and one Member
of the House of Representatives before the same shall be received.
When all such objections so made to any certificate, vote, or paper
from a State shall have been received and read, all such
certificates, votes, and papers so objected to, and all papers
accompanying the same, together with such objections, shall be
forthwith submitted to said commission, which shall proceed to
consider the same, with the same powers, if any, now possessed for
that purpose by the two houses acting separately or together, and,
by a majority of votes, decide whether any and what votes from such
States are the votes provided for by the Constitution of the United
States, and how many and what persons were duly appointed electors
in such State, and may therein take into view such petitions,
depositions, and other papers, if any, as shall, by the Constitution
and now existing law, be competent and pertinent in such
consideration: which decision shall be made in writing.
It will be observed that all the questions to be decided by this
commission are to be contained in the written objections. Until
those objections are read and filed, their contents must be unknown,
and the issues raised by them undescribed. But whatever they are,
they are submitted
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