The Russellville Democrat., 1877-02-22

1 A seventh substitute was offer ed by Senator Bayard, as follows
 Resolved, That no person hold ing an office of trust or profit un der the United States Is eligible to be appointed an Elector, anc that this Commission will receiv, evidence tending to prove sait ineliglbility as offered by counsel for objections to certificates Nos and 3. Rejected by the same vote.
 Justice Field offered an eightl and las5 substitute as follows: Resolved, That in the opinion Of the Commission evidence is admissible upon several matters, which counsel for the objectors to Nos. l and 3 offered to prove.
 This was also rejected by the same vote, and the question on the original order submitted by Mir. Hoar came up, viz, that evi- dcnce offered be not received. Mir. Payne moved to strike out the word not" Rejected by the same vote.
 The vote on the original order was then taken, and it was adopt ell by the following vote:
 YeaS-Messrs. Bradley, Ed munds, Frelinghupsen, Garfield, Hoar, Miller, Morton and Strong -S.
 Nays-Messrs. Abbott, Bayard, Clifford, Field Hunton, Payne and Thurman-7.
 After this conclusion was reacLed by the Commission, coun- sel were admitted, and the above resolutions were read by the Sec retary. AS soon as a final vote had been taken, Justice Field moved that the injunction of se- crecy be removed from the pro ceedings of the Commission, and it was adopted unanimously.
 Mir. Hoar inquired of the Chair whether any time to whic. coun- sel were entitled, under the order of the Commission, remained, or whether it had been exhausted.
 The court replied that the time for objectors to Nos. l and 3 was exhausted On the part object ors to No. ?, he believed ten min utes remained, but that had been substantially exhausted.
 Mr. Payne moved that one hour be given each side for their re- spective counsel to sum Wp the case.
 Mir. Garfield said that an order had already been made that each slde should have four and a half hours, and that the time should be used as they chose Tn interloc- utory questions. He considered he ought to stand on the order, and should vote against the mo- ton. The counsel themselves had not asked it.
 Judge Clifford inquired if they were satisfied to rest their case.
 Mir. Evarts said they were sat isfied with the case as it stood.
 Justice Clifford asked if the op- position counsel also agreed to it.
 Justice Campbell said they had nothing to add, under the circum- stances.
 Commissioner Abbot: I under, stand you, Judge Campbell, to say, the Commission having ruled out all evidence you offered, you have nothing further to say?
 Judge Campbell: Yes, sir.
 Justice Clifford said the motion was withdrawn from the Commis- sion.
 Senator Moron moved that three members of the Commiss- sion be appointed to prepare re port in the case, and that a recess of one hour be taken.
 Commissioner Strong said that the question which had been passed upon was the question of the admissibility of evidence, and that he thought they now ought to go Into the merits of the case.
 On motion of Commissioner Hoar, the Commission, at T:30, went into secret session for con 
 Mir. Payne moved that one hour be allowed each side in which to make arguments by the Commis- sion.
 Commissioner Garfield said that the order pursued yesterday, giv- ing four hours and half to each side to argue the whole question, was interrupted by an offer of tes- timony, and it was then agreed that two additional honrs should be given to that question, and after that agreement was entered into, it was also agreed that coun- sel might draw on their final and use it in that inter!ocutory ques- Iion, if they chose, and they used 1t up, and discussed the whole question together with the inter- ocutory question. The counsel have not asked for additional lime, and if they had, l should that we ought to stand by our order l shall therefore vote against the motion of Con. Payne.