Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-02-08
THE COM MISSION.
They will not Go Behind
the Returns.
THE REPUBLICANS CONCEDED 10
HAVE TEE ADVANTAGE.

WASHINGTON, FEBRUARY :. The Commission
re-assembled in secret session at 10 o'clock A. NJ
and up TO p. NJ. was still debating the question
of jurisdiction.
Nothing is positively known of the course of the
debate, although there are limitations that ma
JoIty take the position that Congress and the com.
mission cannot go behind the acts of the State an-
thorites.
1t is doubtful if the decision "a li. p..AtI.,..-
mulgated ill late tonight.
p. NJ. It's privately though not officially an
nounced that the commission voted S to not to
go behind the action of the State authorities
lhls IS not yet confirmed, but is generally be.
heved.
Later The Commission by vote of against
decided that no evidence can be admitted or
considered by them in tho Florida case except
the various electoral certificates, aud such evil
dence e. shall be submitted on the question of
the eligibility of Humphreys as Presidential
elector. The vote stood as follows:
In idvor OF the declsion-Justices Strong, Nil.
Ter and Bradley, Senators Edmunds, Morton and
irelinghuys'n, and Representatives Garfield and
Hoar.
Against the Observation-Disclosures CT ford and
Field, Senators Thurman and Bayard Represen.
tatlves Payne, Hunter and Abbott.
The doors were opened at 3.j3 the Commits.
SION having short time previously adjourned I'M
Ill III O'Clock tomorrow morning, when further
proceedings will be held 10 public.
The Secretary of the Commission was instructed
to INFORM the counsel on the respective sides that
at IL O'Clock tomorrow it would be prepared to
hear argument on the question Of the eligibility of
Fredenck L. Humphreys a. an elector.
Mr. Humphreys Is one of the republican cleo
tors, and the question raised as to his eligibility is
that he was, at the date of his election United
States Shipping Commissioner which is alleged
10 be such an ONCE of trust and profit as to dis
qualify him acting a. an elecor, but which office,
II Is asserted by the republicans, he resigned be-
fore the election.
The commission by their decision to-day will
nave before them in the Florida three sets of
papers, namely FIRST, the certificate of the
Hayes electors; secondly, that of the Tilden
electors; third. the paper containing the record of
the circuit court of Florida the quo warranto
and the subsequent action of the legis lature of
that state.
The republicans express themselves pra,iiied
W it'll the decision of the commission, while the
democrats are somewhat discouraged by 1t. The
former clam that no consequence will be attached
to the quo warranto proceedings of the curcuit
court OF FLORIDA, as they are now under appeal to
'he supreme court OF that state, and therefore
not final.
1t seems to be the prevalent belief that the ult-
iua,e decision will be in favor of the HAYES and
Wheeler Florida electors, and that the course in
this case will be pursued with regard to Louisiana
where there are two alleged Ineligible electors
and more than one return.
prominent democrat of the commission
said this afternoon that the meaning of the vote If
the commission is that the ministerial acts of state
executive officers are to be respected but not
those Of the judiciary. lie added, however that
As the democratic certificates embody the proceed
ings of the couItthey will by this decision be
opened the argument.
The democrats also find some satisfaction in the
fact that the rule established by the Comm ssion
will lead to ascertaining that Watts the republic
can elcctor in Oregon, was ineligible at the time
of his election, and hence only two republican
electors fromIhat State can be counted, Mr. Gro
min Dem. being the third elector. On this sup
position they think the democrats still have a
chance for the Presidency, and that the election
may be thrown INTO the House, when Mr.. Tilden
would be elected, and that in such an event the
choice of Mr.. Wheeler as Vice President would
devolve on the Senate.
The decision of the Commission is discussed at
the hotels and in private political circles tonight
all conceding that the republicans seemingly have
the advantage.
The democrats express regret that the part les
were strictly divided on the subject as pertinent to
inquiry into the eligibility OF Frederick c. Hum.
phIey, as proposed by the Com. The committee
on privileges and elections to-day examined that
gentleman, in accordance with Instructions of the
Senate. His evidence was to the effect that he
resigned the Office of Shipping Commissioner of
Pensacola, sept. 2ith; that his resignation was &C
cepted, and that Hiram Potter, Collector of the
port, assumed the duties and had discharged them
ever since that he had in no way had any con-
sultaiion with the Office since his resignation.