The Somerset press. [volume] (Somerset, Ohio) 1873-1977, 1877-02-09
Tho r,,,nr,,te Commission.

January 81, at noon, m the supreme court
Room, Washington, and organized. The
special oath of Office was administered to
Justice Clifford by Mr.. Middleton, Clerk of
the Court, and Justice Clifford, who, by the |
Electoral act, is presiding ofhcer OF the Com
mission, then administered the oath to the |
other fourteen members. Jas. ID. Mckenny |
was then appointed temporary Clerk to the |
Commission, and 1t was ordereo that the |
proceedings of the Commission, except |
those above stated, shall be held confden- |
tial until otherwise ordered. After brief !
session the Commission adjourned until !
four o'clock, p. m.
The Commission, at their adjourned ses-
sion, discussed the subject of rules in re-
gard to hearing of argument, etc., and
adopted the main features of those which
govern proceedings before the Supreme
Court. Sessions for hearing arguments will
be held in public in the Supreme Court
room.
The duration of oral arguments is limited
to two hours on each side on objections and
four hours on each side on main points at
issue in each case. Limitation as to the
number of counsel who will be recognized
as conducting a case is two for each side.
All these limitations may, however, be en-
larged at the discretion of the Commission,
whenever a ma ority deem the point in con-
troversy of sufficient importance to warrant
a more extended argument.
der the provisions of the Electoral Act, to
hear and decide all matters in dispute affect
ing the vote of the President and Vice.Pres-
ident, met at three o'clock, February l, in
the room of the Supreme Court, at the Cap
itol. a communication from the two
Houses of Congress in joint session was pre-
sented by Mr.. Gorham, Secretary of the
Sen ate, and read as follows:
HALL OF THE House OF REPREsENTATIyEs,
IT. a. d. YLa
return or certificate of the electoral vote of the
Opened in the Of the two houses Of oon
gress and objections thereto having been made said
| iections thereto are herewith submitted to the
vided by law. 0-0-0 --'.--oD.0-- 80 p-0
| Lsigned,I F. W FERRY,
| A motion to print the certificate, with
papers, at as early an hour as possible, was
| laid on the the table, after some debate
The Commission finally, without transacting G
any important business, adjourned until
next day.
The Commission met at 1880 a. M,
on February 2. The presiding Justice
said the question had been asked, yesterday,
"What is the case?" to which he had re.
piled, at consists of three certificates with
the accompanying papers and objections to
the same" He would now state that two
objectors on each side would be allowed to
speak on the opening of the case. Those
representing the objections te mum.
by Mr.. Field) would speak first. and
under the Fourth Rule would be
allowed two hours to state the case, and
argue in support of the objection.
Mr.. Field asked whether, after the objec.
tors had spoken and the opening argument
was made, any reply would be allowed?
Justice Clifford stated that the rules made
no provision for a reply.
Mr.. Field then opened the argument
and argued in favor of going behind
the face of the returns on the ground that
if this couldn't be done, American people
would be in the position of standing pow
erless in the face of gigantic fraud.
He was followed by Representative Tucker
another objector on the same side of thu
case, who occupied the morning session.
; In the afternoon, Messrs Kasson anC
McCrary responded, and presented tn,
, claims of the Republican Electors to thu
, Commission. The general tenor of thei
t arguments was in opposition to going be
hind the face of the returns.
At the close of the arguments, Justic
Clifford asked the Democratic counsel whel
they wanted to offer evidence, adding tina
he did not mean to decide by ms question
| whether the Commission would receive evi
= dence. Mr.. Merrick replied that his sid
il would like to offer such as they had read
before the arguments of counsel. MI
Evarts, for the Republicans, said they ha
l. none to offer, unless it should be decide
s that evidence will be admitted. After
+ short colloquy between the Commissioner
+ an adjournment was ordered until to.mol
= row morning.
: The Electoral Commission met at 1913
t a. NJ, February 8. Judge Clifford sal
n under the Third Rule counsel should pre-
sent evidence they proposed to otter in
}. close, condensed and classified form, G
r course based upon the condition that ev
S dence would be received. The propositio
e whether the evidence should be receive
J. has not been decided, but counsel would &C
i as if the evidence would be admitted unit
l. the Commission decided.
e After some discussion, as to the mode {
s procedure, Mr.. OConor addressed the Con
r mission urging the evidence should be az
IS mitted, subject to the question of its rel
+ vancy and effect, to be considered with th
J. whole case.
o Justice Miller submitted motion tn,
e counsel on either side be allowed two hou
r to discuss The question, as to whether an
D. matter shall be considered other tina
Is what was laid before the two houses by tn
Vice-President. Mr.. Thurman thought thi
e the scope should be enlarged, else, # til
u Commission should decide to admit ev
5. dence, there would be no advance made. E
y proposed that the discuss ion should ilclud
a what evidence might be admitted and ais
If what evidence was now before the Con
% mission. Judge Miller modified his motor
r as suggested, and it was adopted.
'e7 Mr.. Richard J. Merrick, of Washmgto
II City, opened the debate in speech of q
4. 4. hour, advocating the right and duty Of tt
II Commission to go behind the returns, und'
'e that part of the bill which gives them tt
le right and power of Congress in canvsssir
le the returns.
y Judge Black followed on the Democrat
u u side, and Staley Matthews and E. W. Stoug
"a ~ ton on the Republican side, each occupyi1
LII about three-quarters of an hour.
Y.