The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-15

pilod and PROMULGATED, votes for electors
wI,n W. not aqr anh dIn no., az phnr IN Try
hoard; that il to say: in The cases of Burch
Joseph. Sheldon. LcVissc. brewster. and JEFF
lriOn.
LIMITING THE TIME FOR ARGUMENT.
Mr.. Abbott inquired how much time counsel
desired to argue these ohio ctions.
Judge Bradley said he understood the dcci-
sion To be- that II was TO come out of the tmc
allowed counsel on each sidc. though the tmo
consumed in rcndng the printed brief should
not be counted, but he thought IT was breaking
ihc rule II they allowed more than four and IA
half hours on each side.
MIR. Trumhull Thought their side should have
three hours-an hour EACH
Judge strong did not understand the order OF
the court ns to timc as Commissioner Bradley
had understood II. and thought the time oc,.u-
pied in the Offering of evidence or objections
that might be made To its admissihllity or argu-
m.niS made IN support ~ the nt!misslbility was
MOTTO be- taken out oi the fournnd one half hours
which were allowed Tor the general argument.
and le moved tha, two hours DO allowed each
Mr.. Thurman thought tho case would bo cx-
pcdited 10y allowing the evidence to 20 in sub
i"l 10 onI,ntiohS llistyth ol rierihg away 'nr,,r
umo on the admissih,lity OF testimony. lie
thought II was making this commission a Court
Of Common Pleas instead OF the great tribunal
MIR Elmunds argued tha, the cfrcct Of taking
testimony might bc thni ~ the oni of ton days
thcy nigh! ind me 'ddcn'c inndmissiDie and
Justice Bradley agreed that tho casc should
hc argued The same as the Florida ease was
lie did.not think any one could shut his cyos to
the IA t that the question whether the evidence
should come into the inquiry WAS discussion
of the whole subject.
Justice Miller suggested TINT It would bc bet
ter to give all the necessary time now. 50 that
when consultation WINS held. II II wns decided
that the evidence should not he admitted. they
could de- idle the question without going bisk TO
hcar another argument.
Mr. Elmunds moved to modify tho motion hy
allowing counsel To he heard on the Who'll" sub
j,ct rs tho casc now stood. and four hours be
given 70 each side.
Mr. Evarts Thought that was hardly fnir as
they had been proceeding upon the under
staining that each side should have four and
onc-half hours, and one side had been consum-
ing part of its time already.
Mr. Thurman said. II it was meant that the
whole ease should be submitted after four hours
argument on each side. he thought that not
right. as one side had already occupied two
hours which would. in. effect, give them six
hours and the other hut four, If. after deciding
whether W. have anything in evidence at all.
W. are to fix a time to have the whole case sub.
miitci ami the argument finally closed. and
then retire and give our final decision. | do not
Know what KIND OF Judicial proceeding that
Mr. Abbott said that 1t was an argument not
only upon tho TACT of tn" competence y of th"t -
tiuonN AN a demurrer ~ the oNid nee. but also
the argument WIS once made, They were To- de-
.ids ihn whole cas' uni 's. they admitted The
t.-timony. lie was content to take the oner
oi testimony as suggested 10y Commissioner
Sirons. ami take the argument ON this Offer of
.tm"ny as IN argument ON demurrer ami
establish th' lat hy thui testimony whether
t.y would coins nj t. admit Il or not.
Mr. ENarts SAID they did not wish to pla'o
themselves IN til" position of tr,siiiu.. tho "Nl-
don r IT, al in AMI il,n arguing ,.- b. ii- "I I.
hut wished to guard against any such inplioa-
Mr. Thurman asroel with Mr. Abbott that The
ca-' - h'uld u.t l" nlNol. H.. how"v r. iaN,r'i
cons rir.n- "a" tNid'iH" on i'ih -id'~ a- ''-
i..ui~7 .hlAty auI ftlar. II" WoN d. iu. O.. --
th" un" ~ jude STR. ns'~ lr'i. -'tion to three
hours, IN" motion MIS- r'Jo'i' d. 90 ;.
Mr.. ElmunlS = pr'p.- .tipn Was inrn rcin't Il.
I, lp H. N allf fn1iN" Votes h'ini east 10y
N"sSrs. Eimunds. Frc.in.huys "a. lioar. and
Judge sirong's motion. that counsel allowed
two hours IN "a IA siir t. argue th" pu' stion of
the adnisshlity of the oilcr OF evidence. was
then agreed 10 unanimou-y
Judge Bradley moved that counsel on either
sid" may take in addition io IN" two hours
allowed 10 discuss ihe int'r'nrutorv question
a. to IN" adWi~~ihilitv of ryidrne' such uldi-
t.'nal time as ih,> may desire. o. lr dodu ted
duy for general debate. Adopted.
- Tho prrllminarr- all hring arranged. Judge
Trun1uli began hl~ argument.
JUDGE TEvMBULL's AnGvMrSr.
He said tha, unler tho ruling Of ihi. commits
sion they wrr' hrouslt ia." to ia.' with tic
qV -t1n Whether a. Pr sid Do 90 tn" United
S.atr~ is 90 l' Wnlo through 'nrs'r, Hni irnui
on the part ot oni ..ai- whose tu, II W.,- tn
submitted - this cNu iif--iNl ln.d'S fn d...ll.
;ttru.-iion. Thrr.s,H- n..oth.r .luuuI On.
WhlrA ulili 70 ,..u'I Nt WHif tNolt ini~
trlnnnl. amt NH.n -p"k Of q t",iui.'. i'
mu-ld rcd hu -f a~ Ilr.-. .n- u' ivn
that the Constitution lt.t mpd" go prYsi-lon
u-uiust thc a,-prit.n "i President hy'
i,,.n -T tba ana MN ,'u who "', ,..,- m 'i''Is .-
tunt l. That th" c.uditun - winch
,,r N. P"op,c2i TN ia",goaH'TY i @ |ast
~ 70 ritilon oi this Republic, %" VI- CALLED upon
I" ar-u" sl'h "a qu '~i'on before i.i. national
trl.t.ual. In bis -jud-lurni'l-rrAal i"-u great
Nn.oluon in gard t. tho InNrr@ oi tli-
Tribunal. Il Wa- NOT "a 'i.ivi--Ing h"1ri g. d'-
t.rm'ue vino was clnt"l a ,ou-iah.n N -ome
4. man IA It| u / %