The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-15
The Electoral Commission.

gument, contending that the constitution
OF the United States forbade comforting ju-
dicial powers on the returning board of
Louisiana, and that the law of the state
which attempted to confer such power was
void. Suppose we take Milwaukee county,
where the democrats can give $4,000 ma
jority, and 100 republicans bulldoze another
100 republicans, and because of this the
whole vote is thrown out, would that be
just ? Even If the returning board had
possessed judicial powers, Carpenter con.
tended, it had gone outside its power, and
had failed to act in compliance with the
statute under which 1t was created. He
read statute requiring duplicate returns
to be made within twenty-four hours, and
said the facts were that such returns we're
not made within fifteen days, and then read
from the report of Messrs. Hear, Wheeler
and Frye, to show how this delay could be
taken advantage of to change the result,
and say they were prepared to show that
10000 voters had been DISTINGUISHED. This
was not matter for the state of Louisiana
to settle for herself, for the whole nation
was interested in laws that her
representatives and senators in con-
gress may assist in making and in the
president of the United States her voice
would make. He read from the report of
Messrs. Hoar, Wheeler and Frye, ard said,
would not Wheeler wake up astonished to
find himself elected by the very means he
condemned2 He did not deny that there
were wrongs perpetrated in the South, but,
did say they we're brought about by the
smart produced by illegal acts by which
fraudulent government was put upon
them, and denounced in bitter terms the
four meu, acting as returning board, who
foisted the Kellogg government, through
fraud and villainy, upon the people of
Louisiana. Careful and thorough examn-
alton of this case by this tribunal would do
more to restore peace to Louisiana than
regiment Of soldiers.
Mr.. Trumbull said he supposed they
should now present their evidence. He
proposed to show that Kellogg, who signed
the certificate, and Kellogg who received
the certificate were the same. Second
Kellogg was not legally elected elector,
and the certificate was untrue In fact, hav-
ing received less than majority of the
votes. This he proposed to prove by the
certifiad roniou of commissions - oIoo,;o,,
returns to the clerks office, which are du-
plicates of papers the returning board had
before them, and by which it would be
seen the Tilden electors had from 1000 to
8 900 majority. They offered to prove
that in many instances the supervisors of
elections omitted results. In their consoli-
dated statement of returns from certain
parishes over 2 900 votes were omitted for
Tilden electors. Fraud, irregularity and
and illegality on the part of the returning
board were charged by Trumbull, and proof
offered. They further offered to prove
as to the ineligibility of the so-called
electors also, to prove that members of
the returning board offered to receive a
bride to cast the vote for the Tilden cleo
tors. The question sprung up as 10 the
time to be allowed for argument on the in
terlocutory question as to the admissibility
of evidence. Mr.. Thurman thought the
case would be expediated by allowing the
evidence to goin, subject to objections, in
stead OF fritteriDg away the time on the
admissibility of testimony. He thought it
was making this commission a court of
common pleas instead of tribunal.
Mr.. Edmunds argued that the effect of
taking testimony Professionally might be
that at the end of 10 days they might find
the evidence inadmissible, and the whole
time wasted.
Justice Bradley thought they should go
on in a manner similar to the course pu--
sued in the Florida case.
Justice Miller asked if it could not be so
arranged that the case could be SO argued
80 that when the commission went into
consultation, it it was decided not to admit
evidence, it would not be necessary to have
further argument.
Mr.. Edmunds submitted the following ::
Ordered, that counsel now be heard on
the whole subjects as the case now stands,
and that four hours on each side be allowed.
Justice Miller thought the effect of the
order was to permit the case to be argued
as it now stands, leaving the admissibility
of testimony. If that was admitted they
would have TO come back and listen to
argument on it.
MIR. Abbott was opposed to making up a
case. II the evidence was excluded, he
wanted then to hear argument on what was
left of the case.
Mr.. Thurman agreed with Mr.. Abbott.
Justice Strong offered substitute, Civ
ing the counsel two hours on each side, to
argue the admissibility of evidence.
Mr.. Humans motion to Increase the
time TO three hours was rejected, Z to 8.
Mr.. Edmunds' proposition was rejected
ayes 4, nays IL.
The proposition of Justice Strong was
agreed to without division.
Justice Bradley moved that the counsel
on either side may take in addition to two
hours such time as they may desire to be
deducted from the four and half hours
allowed yesterday for general debate.
The commission then at 1890 o'clock
took recess for half an hour.
After recess Mr.. Trumbull continued his
argument 1t was not before the canvass
ing board to declare the election OF JUS
tico of the peace but the national congress-