The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1877-02-10
GRAND COMMISSION.
Ne Opee session To.merrow, the Day
40 ae 0ceopiea In Consuitasfon-
Evarts and O'Gonor.

At0ftr anu O-GOnor.
Monday, February s.
Charles O'Conor and Mr.. Mersick
i have charge for the Democrats of the
Florida case; Tfumbuil and Carpenter
of the Louisiana ease, aud Meirick
and Woojley of the Oregon case.
The commission met according to
agreement.
William NJ. Eyarts, of the Republic
Cans, opened in opposition to the pow
er of ihe House or com mmission taking
| evidence or going behind the certifi-
Gates aud the official State CANVASS
/ In the course OF the arguments be said
the Transaction of choosing presi-
dent begins by the deposit'ng In the
| Federal urn the certificates of election
of the electors and the next step is
| opening and counting of the votes
The constitution and laws specify how
electors shall te appointed aud
when they shall meet and cast their
vote, but further il does not go. The
moment their votes are sealed aud
deposited with the proper federal
authority, there is no power in the
State to reverse IL, change il, or cor
1 rect 1t. Ths State must act before the
vote OF its electors has been cast. Is is
| powerless afterwards. The proposition
10 interpose a Judicial inquiry iuto a
purely political proceeding had never
before been hroacbed aud that no judi
ciai action had ever been ipterposed,
| except on a maudamus, compelling the
as early as 1880, Incorporated into u
law a principle that the Federal gov
ernment has no right to ignore or set
aside the action OF STATE In regard TO
the election of electors. In their wis.
dom they drew the line of demarka-
ton very clearly and plainly. Mr..
Evarts concluded by saying that any
attempt to bring the judges into the
workings of system of popular SOW
ereiguty will make it intolerable, since
the decision of the JUDGES will over
ride or supercede the will of the people
Mr.. Charles O'Conor, after an ailu-
sion to the Importance of this case,
the most important ever tried in the
United States, said the counsel for the
Tiiden electors held directly the eppo-
cite view to that entertained by the
Republican counsel, and that the Com
mission had the right to make full in
quiry into the facts OF the Florida
election. The opposing eouLsei held
that the Republican electors met in &C
ieordance with law and east their votes
and that 1t is m the power of no earthly
tribunal to invalid their acts. On tni.
point be took issue with them. He
first considered the counting of the
electoral vote and the proposition tina,
the power to count the votes Is vested
in the President of the Senate, which
he held Is palpabiy absurd, since he /,
precIuded by the constitution from
counting such votes. He has no righi
to open the certificates until th,
two Houses meet in joint ses
sion. His power is simpi,
clerical, aud he cannot know
what the packages coutaiu until b,
!, opens them. hand them to the teller,
and they announce ths vote The duty
of the president ends with the openius
of the certificates. Counting devolye,
upon that body which Is required {.
. act on the result and the count mus
be recognized by the same body. Mr.
fOConner concluded by saying that b,
; believed the Tiiden electors had th,
Z best legal right TO be recognized il
Florida, that they hal the mora
Z right is the common consent of al
Z mankind. No honest man, capable o
biushing, could possibly took anotha
I Ii the face and assert that the Haye
i, eIectors ia Florida were elected. II
Submitted that the com,aissio
. should receive as eviaenc
In the cause the testimony taken b
. the congressional invest 4ation cou
!, miliee.
y A protest Is to be presented whe
), the Mississippi electoral vote is opef
i il alleges the new registration ias
!. requires new qualification and oatt,
!. for voters in Violation of the eonstits
tion of Mississippi; that the preser
: governor is asurper aud the certIf
= cate giveE the eieetars worthless.
Il 1t is understood that the commissic
!. meets TO morrow TO consider VIII Il ev
: deuce, II ANY, shall be received befor
y it aud to consider its power. and d.
ties 10 the case preliminary to I'm.
n argument.
u Ths commission, before adjourn
d meBt announced there would be 1
= public session Tomorrow that the dl
Z. would be oecupied in consolidation.
IL - Cenaaentiy stated No Estdess
osher shsn Dseeneessry. VIII I
!. Taken I'm the FIsriaa Case.
, Tuesday. February q
The Commission, 1t 10 said, resoiv,
this morning not 81 adjourn until tn,
reached a decision. They have a
jearned now. Il is thought the ca
t viii ret be presented TO the joint -
a sisn until rhursday.
u Latsst ,The Commission remain
" in session until 8 this evening. tt
- conference viii be continued at
O'clock to-morrsw morning. No vo
e was taken to-day, nor any cpnclasi.
Il reached on any point At i-sue II
~ epnfidentiy stated no ey:d~nee VIII
taken in the Floriia case except ~,
e % relates 70 the SCI ion Of sth- Flor.
state government sin-e the eleet.a
n This evidence is documentary. IL t
BE Irecer fings are thus restricted. I
~. fs,,n IN issi.s mae h.ya fhs1 fsr... rxz.