The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-02-14
GRAND COMMISSION.

| iHuh Efhuu IN BtSe Keltef-EhB Re
publican Argument Purely Tech
meal.
The commission met this morning
at eleven. Justice Clifford announced
that two hours would be allowed each
side for argument and that the com
mission was ready to hear objections
to the Hayes certificates.
Senator Mcdonald Dem. )of Indiana,
opened the argument, claiming that the
Hayes electors were not legally elected,
quoting the votes of Louisiana, show
ing two sets OF electoral laws, whether
one law repealed the other, or whether
they should run together, the proceed
ings Of the Louisiana returning board
were alike irregular and unlawful.
Mr.. jerks follow ed, and concluded
10y asking the commission to let the
truth shine upon the whole transac,
ton. "If you do" said he, "there
can be but one single result. The
wisest of men, the strongest OF men,
cannot make the false true. No false
gods should be set up; Solomon set up
false god to his cost. Ii you attempt
to blind the eyes OF this mighty ma
ton, your edict will be void for histo-
ny will know the truth and record l..
We want to clear out this pollution
and to purge the nation of the disgrace
Of the fraudulent act OF this vile re.
turning board"
Mr.. Hurlbut, one of the DIRECTORS
to certificate No, 2, the Tilden papers,
after briefly reviewing the history Of
Louisiana for several years since,
claimed that the kellogg government
had been officially recognized by the
president Of the United States and by
both Houses of Congress that John
McEnry had not attempted to exercise
the functions of governor since 1874,
and yet he now comes forward and
attempts to give certificates to men
who claim to have been elected Til
den electors. Mr.. Hurlbut read one
OF the certificates to show its phrase
Ology, and that McEnry did not sign
himself ma governor and did not use
the great seal Of the State ; he had no
seal nor did he have any office. The
fact being settled that Kellogg was the
only lawful executive of Louisiana,
he would ask the commission whether
they had the right or the time to
investigate the election in that State.
Howe followed Hurlbut on the same
side and ia the same strain.
A recess was taken when Mr.. Howe
closed.
On re-assembling at five p. No.,
Mr.. Carpenter asked the indulgence
of the court for an argument on the
statutes previous to the opening Of the
case, and the submission Of proof the
time to come out of the four aud
one half hours allowed. The request
was granted, and Mr.. Carpenter began
his address. He asserted that he
appeared, not only for the present
elected president, but perhaps for the
Republican presidential candidate IN
the future. He wanted precedent
established; so that when he should
receive a ma lOrlty Of the 10000 votes
in that State no returning board coult
cheat him out Of 1t. II the preceden,
of returning boards was tolerated
who was SO hopeful as to believe that
there would be another president
elected by the people? Why go into
the expense Of a political campaign
when returning boards can he bribet
for 1.-THE of the cost? He went into
inquiry as to the nature of the tribuna
and the character of its powers; he
argued that as Congress had reserved
the right to review the action of the
tribunal didn't and could not exer'
else judicial powers. He submitted
that whenever any measure was pend
ing before the power to inv estigate tC
Its hearts content there was was nc
limit to its power to investigate; Il
might he done by committee o.
either Houses, or by joint commit
tee, or by commission-the lattel
had become common practice in Eng
land. He maintained that by no con
structiOn could this commission b,
made to appear as anything else thar
q legislative investigating committee
the duty conferred upon the commits
sion was to inquire who had beer
duly appointed electors In such States
not who seemed to be elected, but whC
was duly appointed electors Of the
State of Louisiana, and to do It wa
clothed with the powers of both Houses
Ell this commission could not 30 t
the bottom of the question, then In
deed 1t was bottomless and there wal
no move to prevent the greatest fiaut
that had ever been put upon the coun
try. Neither the defeated candidate
nor the country would be satisfied with
the action of the commission II 1t wa
taken without an inquiry into tn,
facts, while all would cheerfully abid,
by decision reached after due investi.
gntion OF the decision. Here was
technical one on false certificates /; til,
case would 90 the judicial tribunal b
vex the courts for mont hs.