Note 798 — Chapter XXVIII · CONKLING AND CURTIS AT ROCHESTER 1877

The commission reported the Packard government's insistence that the Legislature of 1870 had the power to create a Returning Board with all the authority with which the Act clothed it, and that the Supreme Court of the State had affirmed its constitutionality. On the other hand, the Nichols government admitted the Legislature's right to confide to a Returning Board the appointment of electors for President and Vice-President, but denied its power to modify the constitutional provision for counting the vote for governor without first amending the State Constitution, declaring the Supreme Court's decision to the contrary not to be authoritative.—Appleton's Cyclopædia, 1877, pp. 403-404.