Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1877-02-15
COUNTING THE ELECTORAL VOTES.

The Electoral Commission reassembleQ
at 10:30, on the morning of the I'd. The Presiding
Justice announced that the case before them con-
sisted of the three Florida certificates, with the
accompanying papers and objections to the same,
and said that two of the objecors on each side
would be allowed to open the case Mr.. Field. for
the Democrats, then opened his argument an
objector in the case of orida. He reviewed the
action of the State Returning Board and of Gov.
Stearns, and read from the evidence taken before
the House Committee, to show that the votes of
precincts had been thrown out without particle
of evidence. and upon the mere supposi-
tion or belief that intimidation had been prac-
ticed. He argued that the paramount question
before the Commission was whether, in the face
of such testimony as this it can be claimed that
the face of the returns is to be considered
as conclusive and binding. There was no pre-
tense, he said, that The vote of the Stare was not
given for Tilden and Hendricks, the sole pretext
for denying that fact being the certificate of Gov.
Stearns. In regard to the election OF
PRESIDENT the Constitution distinctly declares
that it is the person having the highest
number cf votes who shall be dec ared elected,
aud it could not be riehtfully said that The cerif-
cate OF the Governor OF State could override
Tucker followed Mr.. Field. holding that the Su-
preme Court of Florida was the authority to
settle the Florida matter aoainst the Return
ing Board After recess, Mr. Kasson. for the Re
pubicans, claimed that the first certificate
was the only one properly before the Commission.
The second was signed BY officer not recog
nized by the United States in that connection and
the third, signed by Gov. Drew, was entirely
eC postJttctO, and signed by an officer whose ex-
iStence not recognized until the fur ctions of
the Electors were exhausted. Mr. McCrary fol-
lowed, reviewing the quo agdrrGntI case in Wis
cOnsin, cited by Mr.. Field and citing many
th0rities lu connection Herewith. Mr. EvartS, in
reply to quesGisn OF the Presiding Justice, said
he had no evidence TO offer unless the
decision should be against the view taken by his
colleagues OF the question OF the consideration of
the certificates. Mr.. Thurman sugges ed that
counsel agree to the facts far as possible. in
order tt simplify proceedings. The Commission
then adjourned.
The Electoral Commission met at 10 80
O'Clock the 3d. according to adjournment.
Counsel were instructed TO present what they
proposed to offer in evidence in a condensed
form, pending the decision of The Commission
as to its admiSsibiity. Mr. O'Conor then stated
what his side expected to present, aud Mr..
Back prepare d to argue as to It's admissibili y,
other side objected. Mr.. Evarts, for the
Republicans, said that he should object decidedly,
and Mr.. Black continued his argument Justice
Miller moved that counsel have two hours in
which to discuss the que ton of admssibility,
and the Commission so decided. In accordance
with his arrangement. Messrs. Merrick and Judge
Black spoke for t. e Democrats, and Messrs STAN
ley Mathews and E. W. Stough' on, for the Re
publicans. The Commission then adjourned
wi h the understanding that The discussion would
be resumed on the 5th.
The announcement that Messrs. Evarts
and O'Conor would make the arguments before
feet to induce a very large attendance. Mr..
Evarts commenced the argument, presenting the
Republican case. Confining his main effort to
the incompetency of the tribunal to review the
proceedings leading to the issue of the cerif-
Gates, he cited innumerable precedents 10 sustain
his view of the case. His position was based on
three claims: First that the Commission cannot,
under the laws, Constitution and usages go be-
hiud the count; second. that the Governors GER
tcate is not necessarily binding; third, that all
the conditions having been complied with in the
Hayes certificate from Florida, the Commission
had no verifying powers, and must accept the act
of the de fdct0 Electors even though they
might not be the de jUre Electors. Mr..
O,Conor took up in detail the points made
b Mr.. Evars. and characterized them as an effort
| to prevent the Commission from ;arriving at The
facts. He said it better to endure any
amount of inconvenience in the matter rather
than suffer the fraud TO stand. Coming
down TO a general consideration of the at
temptto count Hayes in, he said there could not
be man in America worthy the name of an
American citizen, who would make claim
for the Hayes Electors without blush
ing Neither speaker was scenic dra-
| matte in his speech. and both confined them
selves almost exclusively to law points. A large
mum Der of authorities were ted by both counsel.
The speech h-making continued until four O'Clock
| in The afternoon when the Presiding Justice an
nounced that there would be no public session On
| the 9Th. and adjourned the Commission to meet
on the following day Tor private consultation.
The Electoral Commission commenced
its session on the 7th at ten m, and continued
| until four. AS the members of the Commission
came out of the lobby they were eagerly ques-