Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-11-21

executive session.
The board met at half past twelve O'Clock
All of the members were present. The min
utes were read and adopted.
Governor Wells stated that a system o.
rule, for the government of the board haC
been adopted. The rules were read. The
board will first take up the parishes in which
there are no contests. After dispOSIng OI
these parishes those will be taken up IN
which there are objections. All motions
etc. made by attorneys must be in writing
No oral argument will be allowed. Any can.
didate, or his representative, who presents a
witness must also present interrogatories. NC
er vo51e affidavits to be received.
Judge SpOfford offered a rule as a substi-
tute for rule for an executive session, TO the
effect that the sessions of the board should be
public, and that representatives Of each party
and press reporters be allowed TO be present.
Judge SpOfOrd spoke in behalf Of his mo
ton.
Governor Wells stated that the board could
not accept the amendment, and that it had
been decided to admit only the national COM
mittees and their reporters.
An answer to the protest ofthe Democratic
committee on returns was read, and Colonel
Zacharie filed an additional protest in behalf
Of members of congress.
Governor Wells stated that the name of
DR.. Kennedy had been submitted to fill one
of the vacancies on the board, and that he
knew only OF one vacancy. The application
was laid over subject to call.
Colonel Iacharie gave notice of a protest
againse the board proceeding until the vacan-
cy was filed.
On motion Of Mr.. Kenner, the board re-
solved TO take up the returns Of the parishes,
TO canvass a compilation Of which there has
been no objection.
Colonel Zacharie made an application for
the admission Of United States commission
ers, which was taken under advisement.
Colonel Zachaie stated that he had Dis
trict-Attorney Beckwith's opinion on the
subject The returns of Ascension, Assump-
ton and Avoyelles parishes were sent for,
and the board went into executive session.
Judge SpOtfor,l, of counsel for the Demo-
Gratis, the secretary of state, and other cam
didates, argued the adoption of a motion to
the following effect:
That all the proceedings of the board be
had in open session, with leave to interested
candidates to be present by themselves or
counsel, and that reasonable number of
press reporters for each political party be per-
mitted to attend at all times.
Judge Spoford urged the adoption of the
motion in a short speech, of which the follow
ing are extracts. Addressing the president.
he said: You, Mr.. President, remarked the
other day that your functions were partly
ministerial and partly Judicial. The minis
terial duties are few and simple, they consist
only in the addition and tabulation of votes,
and there is no call for privacy in
applying the rules of arithmetic. In
performing all the. rest Of your duties, the
judicial duties, publicity is imperatvely de-
manded. 1t is essential at every stage of the
investigation, in order to insure a just argu-
ment. Adopt this order, so that every
whisper in your chamber may be heard to
the utmost extremity of the Union; and thus
only, in my humble Judgment, will it be pos
sible for You to reaSsure a perturbed and
anxious country, and to establish through all
generations the righteousness of your inter
lOcutOry rulings and final award"
Governor Wells overruled the motion: the
board also Ovelruled the protest made by the
Democratic committee on returns on Satur-
day against the constitutionality of the board
and It's legal authority to count the electoral
vote. The election to fill the vacancy in the
board was postponed, and the recommenda-
ton submitted by the Democratic committee
laid over.
Colonel Zacharie, chairman of the Demo-
cratic committee on returns, entered protest
against the board proceeding to canvass tlIt
vote before the vacancy had been filed, there
being no Democrat ON the board. The United
States supervisors were not allowed to bt
present or the representatives of the local
press.
With a view to regularity and expedition
III the discharge of the duties of the return
ing officers Of election, the following rules are
adopted for guidance:
RULES OF THE BOARD.
First The returning officers will meet at twelve
O'Clock each day Sundays excepted, at the plac,
designated for holding their sessions, unless a diff
ferent hour or place be designated at adjournment
Second-Upon meeting, the presiding officer of th'
board shall order the roll OF the members TO b,
called and, II quorum be present, he shall direc
the secretary TO read the minutes of the preceding
meeting or meetings unless the reading thereof b,
dispensed with.
Third-The secretary shall daily keep an accurat,
account OF the proceedings of the returning officers
FOurth-The returning officers to first take up tht
canvass and compile the returns from the parishes
where no objection Is made TO the canvass or com
platiOn OF the votes cast at any polling place IL
such parish or parishes. on account OF fraud or In
tlmidatiOn, or other Illegal practices, eNaminin!
into this only TO ascertain whether the legal fOrnall
ties have been complied with In holding the election
and making returns to the returning officers.
In the preceding rule, that the returning officers TAX
up the parishes In which objection Is made to th'
vote OF any or all polls In such parish; that they frs
canvass the complete votes at the polls in such par
isheS to which no objection Is made. and then the
shall take up the contested polls I'm such parish
provided, that If 1t become necessary TO delay th
Investigation of any such polls account OF the alb
Sence of Witnesses or other evidence, the same ma
be continued until day fixed by the returning off
GERS; and that the returning officers shall decide
the time they are ready to proceed, what parishes
they Will take uD first.
Slxth-That all motions made by candidates o
their attorneys, or by other persons authorized Il
appear before the returning officers, shall be II
writing and signed All arguments presented to tn
returning officers shall be I'm writing, no oral arl
ments to be allowed.
SeYenth-The returning officers, II they think
advisable, may go into secret session to consider an
motion, or argument, or proposition which may b.
presented TO them. Any member shall have RICH
TO call for secret session for the above purpose
Eighth-When any candidate or his attorney, O
other person authorized TO do so shall present wit
ness before the returning officers, he shall presen
lilterrOgHtOTeS 10 be pr0p0unded TO such witness
which he shall have previously submitted to his Op
pOnent to be crossed at least wenyOur hours unles
such time be named on the cross inteTOgatOrieS
and put before the expiration of that time. In tn
examination OF witnesses the returning officers ma
interrOgate witnesses beyond the interroSatOrle
when they think II necessary, but candidates an'
their attorneys shall not examine witnesses beiOr
the returning officers except as above provided.
Nlnth-NO &c pGIte afidayitS or statements shal
be received except as basis to show that sucl
poll requires Interrogation, but the returns and ah
davits authorized by law TO be made by officers o
election, or In YeriilcatiOn OF statements, aS re
quired by law, shall be received In evidence pr,Ja
6EH
Tenth-That evidence for each contested poll fl
any parish, when concluded, shall be laid aside I'M
til all the evidence is In from all the contested poll
In the several parishes where there may be contest
ants and after the evidence is all In, the returning
officers will decide the several contests In secret Ses
sOns, the parties or their attorneys 10 be allowed
submit briefs or written arguments up TO the tim
fixed for the returning officers going into secret ses
sion, after which no additional argument to be re
ceiyed except by special consent.
The board commenced their canvass of tn
votes, taking the undisputed parishes in alpha
beticl order Three parishes, Ascension, As
sumption and Avoyelles were disposed of
giving about the same vote as shown in tn
tables made heretofore from duplicate pol
lists. Hon, George w. Julian, who at frs
declined to serve on the committee, of whicl
Governor Palmer is chairman, because h
then expected to return home, has cOnsente,
to be added to that committee, and Will re
main here until the pending investigation
concluded.
CONCENTRATION OF NAVAL FORCES.
WASHINGTON, November 20.-The secre
tary Of the navy. in response to inquiries re
gardng the rumOrs OF the concentration G
the naval forces in this vicinity, emphaticall
denied their truth. He said: THE vessels {
the navy are pursuing the usual routine {
duty without extraordinary orders, and tina
there was nothing IN the way of the recel
suggestion or direction from the navy depart