The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1877-02-22

chose in lnterlocutory questions, lie |
he ought TO stand on the /
order and should vote against the mo-
ton. Counsel themselves had yet to !
ask it.
Judge Clifford inquired if they were
satisfied to rest their case.
Mr.. Evarts said they were satisfied |
with the case as it stood.
Justice Clifford asked if the oppos. |
ing counsel also agreed 70 it.
Judge Campbell said they had moth
ing to add under the circumstances.
CommissionerAbb bbott-I understand
you, Judge Campbell. to say that the
Commission having ruled out all evil
dence you offered, you have nothing
further to urge?
Judge Campbell-Yes, sir.
Justice Clifford said tie motion vas
then withdrawn.
Commissioner Morton moved that
the members of the Commission be
appointed to prepare a report in the
Louisiana case, and that a recess OF
one hour be taken,
Commissioner Strong said that the
question that had been passed upon
was the question of admissibility OF
evidence, and he thought they ought
to go into the merits of the case. 4
Then, on motion of Commissioner
HOar, the Commission at ) 30 went
into secret session for cosulta:ion.
Commissioner Payne moved that
one hour be allowed each side in which
to make arguments by the Commits
sion.
Commissioner Garfield said that the
order pressed yesterday giving four
and half hours to each side to argue
the whole question was interrupted
by the offer of testimony, and it was
then agreed that two additional hours
should be given to that question. AT
ter that agreement was entered into it
was also agreed that counsel might
draw on their final time, and use it on
that interlOcutOry question if they
chose, and they used it up and discus
sed the whole question, together with
the interlocutory question. The
counsel have not asked for additional
time, and if they had should consid-
er that we ought TO stand by our or
der. L shall. therefore. vote against
the motion of Commissioner Payne.
Commissioner Morton said that un-
less counsel desired it he should vote
against the proposition. He would
ton further.
gued the whole question fully, and
covered the whole merits of the case.
They had so considered it during
the time allowed them.
The motion was Withdrawn.
Mr.. lIoar then moved that the Com
II sion 90 into secret session for the
purpose of consultation on the main
question. Adopted, and the crowd
was directed to leave the room.
Immediately after the doors were
closed, Senator Morton offered the fol-
lowing resolution:
fRcsOired, That the persons named
as Electors in Certificate No. | were
lawfu Electors of the State of Louisi-
ana. and that their votes are the votes
provided by the Constitution of the
| United States. and should be counted
for President and Vice-President.'
This resolution was adopted by a
vote of s to Z, as follows:
eas-Bradley, Edmunds. Freling-
huyseu. Garfield, Hoar, Miller, Nor
ton and S:rong-S.
Nays-Abbott,B Bayard. Clifford. Field,
Hnn:on. PAYNE and Thurmsn-7.
justices Miller aud bradley and
Representative Hoar were then ap
pointed a Committee to draft the re-
port of the decision, with a brief state
ment of the reasons therefore, to be
signed bv the members agreeing there
to, and to be transmitted to the JOINT
SESSION of the two Houses, as required
by the Electoral Act.
A recess of about one hour was then
taken to afford time for drafting the
report, which. upon the reassemblipg
of the Commission, was presented,
and after being read was signed by
Miller. Strong, Bradley. Edmunds.
Morton, Frelinghuysen, Garfield and
IIoar. The report is to the following
effect: HEB
The Electoral Commission. having
received certain certificates and papers
purporting TO be certificates of the
Electoral votes of the State of Louisi-
ana, and certain papers accompanying
the same, and objections thereto, re-
port that it has duly considered the
same. and has decided, and does here
hv decide, that the votes OF VIM. Pitt
Kellogg. o. Ii. Brewster, A.B.Levisse,
Oscar Joifrain, Peter Joseph, j. II.
Marks. named in the certificate of
State (Which votes are certified by
said persons, as appears by the certifi-
Gates submitted to the Commission
aforesaid, and marked number one by
said Commission, and herewith re-
turne), are the votes provided for by
the Constitution of the United States,
and that the same are lawfully to be
counted "a therein certified-namely
Eight voets for Rutherford B. Hayes.
of the State of Ohio, for President, ,and
eight votes for VIM. A. Wheeler, of
the State of New York, for Vice-Pres-
ident. The Commission also decides
and reports that the eight persons
first before named were duly appoint.
ed Electors in and by said State of
Louisiana.
The ground of this decision, stated
briefly, is substantially as follows:
That it is not competent 10 go into
evidence ditunac as to papers opened
by the President of theSenate in pres
.ence of the two Houses to prove that
other persons than those regularly cer-
tified by the Governor of the State of
Louisiana in and according to the de-
termination and declaration of their
appointment; in other words. TO go
behind the certificate of the Governor,
so far as il is founded upon the action
of the Returning Board.
The report will also state that the
Commission could not receive any
evidence 10 show that any ElectOr was
Ineligible. on the Ith of November, the
day Of election, On the ground that it
was not essential to show that anElec- |
tor was eligible on that day so long as
he was eligible when he cast his vote |
in the Electoral College; and the fact |
appears that the alleged ineligible |
Electors, brewster and Lavisse. were |
chosen to fill vacancies caused by their
own absence from the College, and |
there was no allegation of ineligibili.
ty at the time they cast their votes.
I'LL, 4