The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-17
WASHINGTON, Feb. 10.

Resolved, that evidence be received 10
show that the returning board of Louisiana,
at the time of canvassing and compiling Of
vote Of said state at the last election, was
not legally constituted under the law es-
tablishing it; that 1t was composed of four
persons of one political party instead of
five persons of different parties.
Rejected by same vote.
Mr.. Abbott offered another:
Resolved, the commission receive testi-
mony on the subject of frauds alleged in
specification of counsel for objections. to
certificates one and three.
Rejected by same vote.
Mr.. Abbott offered fourth substitute.
Resolved, testimony tending TO show
that the so-called returning board of
Louisiana had no jurisdiction to canvass
votes for electors, is admissible.
Rejected by same vote.
Mr.. Abbott offered fifth
Resolved, The evidence admissible was
that the statements and sffidavts purport-
| ing to have been made and forwarded 10
said returning board in pursuance Of pro-
visions of section 26 of the election law Of
1872, alleging riot, tumult, intimidation
and violence, at or near certain polls, ard
in certain parishes, were false aud fabri-
Gated, and forged by certain disreputable
persons under the direction and knowledge
of said returning board that said return
ing board, knowing said statements and
afildavits were made in manner or form or
within the time required by law, did know
ingly, wilfully and fraudulently fail and
refuse to canvass or compute more that
1000 votes cast as is shown by the COM
missioners of election.
Rejected by same vote.
| MIR. Hunton offered sixth substitute:
| Resolved, That evidence be received to
prove that the votes cast and given at the
election on the 7th of November, as shown
by returns made by the conn. issioners of
election. have never been compiled or can
vassed, and that the returning board never
ev, pretended to compile or canvass the
returns by commissioners of election, but
that the returning board only pretended to
canvass the returns made by the state su-
pervisors of registration.
Rejected by the same vote.
A seventh substitute was offered by MIR.
Bayard:
Reslved, That no person holding an Of
fee of trust or profit under the United
States is eligible to be appointed electpr
and that the commission will receive evil
dence tending to Prove said ineligibilty, as
offered by counsel for directors to certifi-
CITES Ms. l and 3; rejected by the same
vote.
Justice Field offered the eighth and last
Substitutes
Rescued, That in the opinion of the
commission evidence Is admissabls upon the
several matters which the counsel for OBJ
jectors to Nos. and offered to prove /;
rejected by the same vote, and the queetion
on the original order of Mr.. Hoar came up
THAT the evidence offered be not re-
ceived"
Mr.. Payne moved to strike out the word
mott" rejected by the same vote.
The vote on the original order was ther
taken and adopted Yeas-Bradley,
Edmunds, Freinghuysen, Garfield, Hoar,
Miller, Morton. Strong, 8; nsys-Abbott
Bayard, Clifford, Field, Hunton, Payne,
Thurman, Z.
The counsel being asked if they desired
further argumt MT replied in the negative.
Mr.. Morton moved three members of the
commission be appointed to prepare re-
port in the Louisiana case.
Strong said the question that had beer
passed upon was the question of the ad.
instability of evidence and he thought the 5
now ought not to go into the merits of thu
case. Then the commission went into ee
cret sc, sion.
Payne moved that one hour be allowed
each side to make arguments. A discussion
arose on this, it being stated that counsel
had not asked for further argument.
Mr.. Evarts said his side had argued tht
whole question fully and and covered The
whole merits of the case. They had sc
considered it during the time allowed them
The motion was withdrawn and commits
sion went into secret session for consulta
ton on the question.
Immediately after the doors closed Mr.
Morton offered the following:
Resolved, That the persons named al
electors in certificate No. were the law
full electors of Louisiana, and that thei
votes are the votes provided by the consti
tuition of the United States aud should be
counted adopted by the same vote, 8 to Z
Miller, Bradley and Hoar were then ap
pointed to draft report of the decision
with brief stating the reasons therefor
to be signed by the members agreeing there
in, TO be transmitted to the joint session o.
the two houses. A recess of an hour wal
taken to afford time TO draft the report
which upon reassembling was presented
and after being read signed by Miller
Strong, Bradley, e imuuds, Morton, Ere
linghuysen. Garfield and Hoar.
The report is to the following effect
The electoral commission having receive,
certain certificates and papers purporting t,
be certificates of the electoral vote o
Louisiana and certain papers accompany
ing the same and objections thereto, repor
the electors named in the certificate Q
Governor Kellogg are the votes provides
for by the United States constitution
and that the same are lawful to
counted as certified, namely, TO
Hayes and Wheeler. The groun
of this decision is that 1t is no
competent to go behind the certificate o