The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-05
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THE ELECTORAL COMMISSION,
Fourth Days Session.

Presiding officer Clifford said that undtr
the third rule counsel should present the
evidence they proposed to offer in close,
condensed and classified form of course,
based upon the condition that the evidence
would be received. The proposition
whether evidence should be received had
not, however, been decided. Counsel
would act upon the proposition as if evil
dence would be admitted, until the CON-
mission decided.
After some discussion as to the mode of
procedure, Mr.. O'Conor briefly addressed
the commission, and urged that evidence
should be admitted subject to the commits
sion's decisions as to its relevancy and the
effect to be considered with the whole case.
He submitted his proposition of the evil
dence
First--That both Tilden and Hayes cleo
tors met on December 9th, aud each cast
exception that the Hayes electors were
certified by the governor and the Tilden
electors by the attorney general.
Second-proceedings under writ Of quo
warrauto.
Third-To show the common law of
Florida and construction Of statutes Of the
state as in the ousting of SJearns.
Fourth-The legislation of Florida since
December CHI, ordering new canvass,
and the result of that canvass.
Fifth-That the Hayes electors rejected
certain returns from count es named, and
that Humphreys was an officer under the
United States.
Judge jeremiah Black was about to pro-
coed to argue in support of the admlssibil-
iiy Of the evidence, when Justice Clifford
reminded him that unless the other side OBJ
| jected there was no occasion to argue and
suggested that he yield to Mr.. Evarts to
prevent misunderstanding Judge Black
said there was misunderstanding now. He
did not understand the case
Mr.. Evarts then proceeded to address the
commission, but was soon stopped on the
| ground that he was arguing on the admissi-
DllitJ VI CNluNuNC IL was tlLSlON.
Another discussion as to the made Of pro-
cedure arose.
Mr.. Evarts proceeded to speak in oppo-
sition to the introduction Of evidence,
mainly on the ground that if admitted it
would be necessary to 20 TO the tundamen.
tal;facis.
Judge Black argued that most of the
evidence was already before the commission
through inquiries made by the two houses
through their commissioners. 1t would be
the greatest injustice to require evidence to
be taken up by piecemeal and subjected to
objection in detail. He coniended that the
evidence was already in, and the burden of
the proof rested on the party tina! thought
it ought to go out.
Justice Miller submitted motion, that
counsel on either side he allowed two hours
to discuss the question raised by MIR. Ev-
arts as to whether any other matter shall
be considered other than what was laid be
fore the two HOUSES ny lns president OF the
senate.
Mr.. Thurman thought the scope of the
discussion should be enlarged. He pro
posed that the discussion should include
what evidence might be admitted and also
what violence was now before the com
mission.
Justce Miller modified the motion a.
suggested by Mr.. Thurman, and it wal
adopted, and at the request of Mr.. Evartl
an additional hour was given to either side
In order to permit counsel to arrange fo
argument, the commission at 10 m. took
recess for half an hour.
Before the electoral commission, Satur
day, Stanley Matthews, who followed
Judge Black, opened the republican catt
and reviewed the series of acts by which
electors are appointed, showing that tn,
final declaration by the returning board i
in completion of the appointment tina
appointment completed cannot be set asid,
except in the interval between the final &C
Of appointment and the day on which
under the law, the electors perform thei
functions by casting their votes. The au
thorIty of the state over the electoral vot
closes when the electors have voted. What
ever is done with the votes after that tint
is done in accordance with thu
federal constitution and federal law
In respect to counting the vote
the question is not who shal
count them but how shall they be counted
The commissi N had certain discrimin
alton but 1t must be careful not to under
, take judicial examination such as is rt
quired in trying a court Of quo warranto
which involves going to the very botlor
and ascertainiDg the number of legal vote
cast. If the court attempted to sift tn
facts concerning the states submitted t
them to the very bottom how long tim
would be required? He also showed tina
l this power was not conferred on congress
The only question for the commission I
!, determine was who were the de tdcto cleo
: ors IN Florida on the OH day of last d.
. cember.
Mr.. Soughton followed also speaking o
the republican side. He emphasized th
! point that the Florida returning board We
s the final authority established by the legi
lature of Florida to declare who were elet
tors and the tribunal had no power TO &
behind the appointment by the state as d.
ciared by the provisions of state law. Tn
commission was appointed to count II
| II Il -. 4 II
r by which the electors were elected. II
qnoted from the statute defining the dutit
of the returning board of Florida to sho
Q that they did not exceed their power
l in determining the result of Ii
election in the manner the