The New York herald., 1877-02-02


Representative Ansorr-I suggest then that, " we
are 70 consider the papers accompanying the oeJec
ons they may al some point Of time be made Pnr' o.
the cause The objections themselves would hardly
be understood without the papers, and We should have
those papers printed or put IN such form ~ will enable
The PRESIDING JusricE-There 10 motion on that
subject
Representative ABEorr-l move then that the papers
accompanying the objections be also printed
Senator EDxuSDs-Mr President. submit that
Is possible under the statute under which act
ing that there may no papers lawfully and within
the statute accompanying an objection The statute
as remember at this moment Il speak subject, OF
course, TO corrccton) does not provide for
papers accompanying the objections SO that think u
will be matter Tor tho consideration OF the commis
sion In consultation how far IN printing The testimony
that may be offered, whether by objcctors anybody
eise we ought 10 60 II may be question Tor con-
siderallon whether time would receiving
and printing everything that may be proposed on
Senator THuRxAS--Mr. President, it rs true that the
statute requires papers accompanying certificates
10 be laid before the commission but II also
authorizes the commission 10 take into Wow all
documents dispositions and other papers that may be
competent aud pertinent TO this inquiry and II we have
received papers from either OF the houses which, in
the estimation OF tho houses Ia proper 70 send 10
whether they competent and pertinent think,
therefore, that the motion 10 print ought to bo
adopted. That VIII not delay us in having by to.nor
row morning, as early VIC see ht 10 meet.
printed copies OF the certificates and the objections
We give directions mat thcy shall be sent
To us iinmediately and the printing OF these oucr
papers so OH. Knowing tho great rapidily with
which work is done at the government printing oWcc
do not think NC should have 10 wall very long to get
them all.
Representative ApBorr-Mr President, | think 10
looking at tho law the objcctio only are to be sent
here; ana fancy hat those papers, II they sent
here at all, must como part OF the objections
that perhaps the motion 10 PRINT the objections would
carry with II necessarily tho printing OF those
papers do not SEQ how they get here, except
accompanying the certificates or as part OF the
objections. Oi course have no uesirc TO impede the
printing OF the objections or cerhcatcs, but wish 10
get them as soon as possible.
may CONSIDER that Topic, movo that the motion OF
| Judge Abbott bc Tor the tmc being laid upon the
table, 80 that we may consider about lttle ai'er-
| ward
| The PRESIDING JrsrIcE--rhe motion to lay the
| motion oi Judge ABBOTT upon the table.
Representative ABBorT-l withdraw the motion for
| the tmc TO be renewed ut n subsequent timo
| The PRESIDING JupdB-Thc motion is withdrawn.
"a pause am requested now 10 call Tor the names
| o counsel who appear IN the case on each side.
Representative FiKLp-We have several counsel on
our side. We have Mr. OConor, OF New York; Judge
Black. OF Pennsylvania; Judge Trunibul OF ILLINOIS;
| Mr. Msrrick, OF Washington, and Ar Green, Of New
Jersey.
| Tho PRESIDING JusricE--Counscl not exceeding two
In number on cacn side are allowed TO participate In
| Representative FIELp-We have not selected those
| two. only mentioned tho names to you In answer 10
The question, how many there are who nro concerned
in the case. We shall arrange that matter In course
| of the evening.
Tho PRESIDING JusrlcE-rhat will answer who
counsel on the other sdeY
Mr.. EvARrs--As representing obicctors to ccrtin-
other than those that have been represented
| enumeration
Stoughton stanley Matthew'S shcllaoarger and my soil
expected To represent obiectorsI IN some OF tho
which will APPEAR aud would ask tho
Gf the Court Is pertinent to make The inquiryas TO
what Is included in the phrasc ION the merits OF any
case presented TO III" whether that means any issue
Joined objections TO any particular certificate, or
whether II includes oil which arse In tho case OF
particular Statey
Tho PRESIDING JUS ncE-I think tho counsel will
have to judge OF that matter for themselves Unless
they some question to submit TO the commission,
It Is hardly within tho province OF the Presiding JUS
| q e
MIR. EvARrs--wc understand. then II tho commission
please. that the designation OF two counsel Will be
sufficiently early made when the case Is up?
Senator EpxUSps-That Is merely for tho nnal argu-
! mcnt
opened the case.
| Mr.. EvARTs--So wc understand
Mr.. Justice BRADLEY-I suggest to Mr.. Evnrts that
probably tho construction OF that would bc 1.-The case
on its merits" The principal question would be .n-
cluded that term, and all iuteriocuory other
tions would not be included IN that phrase.
Senator EDMuSDs-lt covers the whole subject OF q
| particular Stntc.
Senator SARGENr--In reply TO tho question OF the
commission which Of the objcctors would pre-
the casc aside from counsel on tho conference,
is determined that Mr. McCrary and Mr. kusson will
appear
senator EpxuSDs--I move that the public sitting
tho morning, unless counsel objectors have
something further 10 say at this time
lection filed regarding which action has been TAX
| an election, believe, from Senator Jones. ! have
beard tho President Of the Commission make no alu-
Ih
cial hearing be had on that obJec-
ticn. I think II was different from tho
other objections which have been filed refer to II
because a distinct and Is d,nercn, oh.
lection character from either Of tho other two
that have been referred to.
The PRES. DING JUsTIcE-My impression Ia, although
do not mako that decision in behalf OF the Commis-
son that the several objections TO tho returns from
State constitute one case, aud two objcctors will be
heard upon side and two on the other, and after
they shall been heard two counsel will be heard
upon side and upon the other. Unless other
wise advised By the Commission that viii be the ruling.
| Representative FIELD-Will you allow me to say
that perhaps there may be somc understanding In
regard TO that rule unless state TO you prc1scy tho
| facts.
The PRESIDING JUsrrcK- Proceed, sir.
Representative FiyLb--Thcrc are objections to the
four votes oil Florida on each side; that is to saywe
object to tho four mentioned IN the first returns
senator EDMuNDs-Whch are they?
! Representative FiELD-rhey are, II may use the
Of the candidates, the Hayes electors. We OBJ
jcct part those votes certificates and lists.
Mr.. EDxuSDs--And the other gentlemen object To
the othersr
| :, Representative FrELp-Mr Sargent, Mr. Knsson and
the gentleman the othor side specifically object to
ours. Then there the additional objection made by
Senator jones' OF Florida, and Others, TO one OF tho
Hayes electors as ineligible under tho const ution.
That Is distinct matter and we supposed II would be
taken up quite distinctly. II rs minor affair ard
should not cucumber tho principal one, and II tho
Commission will allow US VIC will designate objcctors
Mr.. Thompson and Mr. jerks suppose The Discus
sion OF that matter will not take up much OF the time
form, II you will allow Will suggest that NJ r.
Thompson and Mr.. jerks be the objcc,ors, and as to
mission tomorrow who will represent us
Tho PRESIDING JUsTicw--When you arc advised what
you desire you will submit a motion to the Comms-
sion and will have II determined A. present am
not prepared 10 rule Otherwise than have. there
be no further suggestion 10 bo presented Will put the
question to the Commission that when this Commits
sion adjourn adjourn TO meet at balpast ten O'Clock
tomorrow morning.
Senator EDMUSDs-l Will move, so that we shall not
keep waiting gentlemen who wish TO prepare their
matters for the Commission that the public sittings OF
the Commission be adjourned until haifpa ten
O'Clock tomorrow morning
Senator THuKNAS--But the Commission to continue
| In session to-dayy
senator EpMUSps--Yes, for consultation.
The PRESIDING JusricE-Undcr the circumstances
will put the motion, with the consent OF tho mover,
that when the Commission adjourn II adjourn until to-
morrow at half.past ten O'Clock.
Tho motion was agreed TO-
The PRESIDING JUsrIcE--I will notify oil who arc
present that there will be more pubic bosincss
] iransacicd hx ihe Com issian in.dax