delay such a measure, either legislative or constitutional, as may in their judgment be best calculated to accomplish the desired end and that said committee have leave to report at any time.”
The resolution was referred to the judiciary committee, which, after consideration, reported it back with the following additional resolution, all of which were adopted:
“Resolved, That a committee of seven members be appointed by the Speaker of this House to ascertain and report what are the privileges powers and duties of the House of Representatives in counting the votes for President and Vice-President of the United Stares and that said committee have leave to report at any time.”
The Senate agreed to the McCrary plan and appointed a committee of seven to coöperate with the House committee in devising a plan for settling the question involved in counting the electoral vote. McCrary was made a member of the House committee which also consisted of seven members. Each of the political parties was represented by trusted and prominent members on this most important joint committee. The feeling of intense anxiety and serious apprehension which pervaded the entire country was somewhat allayed when it was seen that Congress was proceeding to act with fairness and freedom from partisan considerations. This joint committee reported the following plan to decide on the conflicting returns from the disputed States:
“They shall be referred to a commission composed of an equal number of members from the Senate, the House of Representatives and the Supreme Court of the United States. This commission shall decide what is the constitutional vote of each State in question, and that decision shall govern, unless both houses shall determine otherwise.”
The committee composed of an equal number of members of each political party agreed upon this plan of settlement, all but one of the members signing the report. Senator Morton of Indiana did not agree to the plan. The plan reported by the committee was enacted into law, re-
