The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-17


vote, and the question on the original
order, submitted by Mr.. Hosr, came up,
viz: That the evidence be not received.
Mr.. Payne moved to strike out the
word mot" Rejected by the same vote.
The vote on the original order was
then taken, and it was adopted by the
following vote:
Yeas Messrs. Bradley, Edmunds, FIRE.
linghuysen, Garfield, Hoar, Miller, Nor.
ton and Strong-8.
Nays-Messrs. Abbott, Bayard, Cliff
ford, Field, Hinton, Payne and Thurman
II. ty'hH
After q conclusion had been reached
by the Commission, the &C unset were sd
nitted and the above resolutions were
read by the secretary.
As soon as the final vote had been
taken, Justice Field moved that the in.
junction OF secrecy be removed from the
proceedings Of this Commission, and it
was adopted unanimously.
Mr.. Hosr inquired of the Chair wheth-
er any of the time to which the counsel
were entitled. under the order of the
Commission, remained or whether it had
been exhausted.
The Court replied that the time tor oh
jectors to Nos. and was exhausted. On
the part of the objectors to certificate
No. he believed ten minutes re.
mained, but the time had been SUBJ
stantislly exhausted.
Mr.. Payne moved that one hour be
given each side for the respective counsel
to sum up the case.
Mr.. Garfield said the order had been
already made that each side should have
four hours and that time should be used
as they chose on the interlocutory ques-
ton. He considered be ought to stand on
the order and should vote against the
motion.
Judge Clifford inquired if they were
satisfied to rest their case.
Mr.. Evarts said they were satisfied
with the case as it stood.
Justice Clifford asked if the opposing
counsel also agreed to it?
Judge Campbell said that they had
nothing to add under the circumstances.
Commissioner Abbott understand
you Judge Csmpbell TO say that the
Commission having ruled out all the evil
dence you offered, you have nothing fur
ther to urge2
Justice Csmpell-Yes, sir.
Justice Clifford said that the motion
was then withdrawn.
Commissioner Morton moved that
three members of the Commission be sp-
pointed to prepare report in the Lou
isisns case and that recess Of one hour
b. taken.
Commissioner Strong said that the
question that had been passed upon was
q question of the admissibility Of evil
dence, and he thought they now ought
to 90 into the merits of the case.
Then on motion of Commissioner
Hosr, the Commission at $3.50 went into
q secret fession Tor consultation.
Commissioner Payne moved that one
hour be allowed each side in which 10
make argument.
Commissioner Garfield said that the
order pursued yesterday giving four End
one-half hours TO each side TO argue the
the whole question was interrupted by
the offer Of testimony, and it was then
agreed that two additional hours should
be given to that question.
Alter that agreement was entered into,
it was also agreed that the counsel might
draw on their final time, and use 1t on
that interlocutory question il they choose,
and they used it up and discussed the
whole question together with the inter-
locutory question. The counsel have not
asked for additional time, and if they
had, should consider that we ought TO
stand BY our order. l shall therefore
vote against the motion of Mr.. Payne.
Commissioner Morton said that Unless
the counsel desired it, he should vote
ag ainst the proposition. He would not
invite the counsel to argue the question
further.
Mr.. Evarts said that his side had ar
gued the whole question fully and COW
cred the whole merits Of the case. They
had so considered it during the time al
lowed them.
The motion was withdrawn.
Mr.. Hoar moved that the Commission
90 Tito secret session for the purpose Of
consultation on the main question
Adopted, and the crowd WAS directed
to leave the room.
Immediately after the doors were
closed Mr.. Morton offered the follow
ing resolution:
Resolved, That The persons named IS
electors in certificate No. / were the
lawful electors of the State of Louis
lana and that their votes are the votes
provided by the Constitution Of the
United States and should be counted for
President and Vice President.
This resolution was adopted by q
vote of 8 TO I as follows:
Yeas Bradley, Edmunds, Freling-
huysen, Garfield, Hoar, Miller, Morton
and Strong-s.
Nays-Abbott, Bsyard, Clifford, Field,
Hunton, Payne and Thurmsn-7.
Justices Miller and Bradley and Rep
resentative Hoar were then appointed
committee to draft report OF the de.
,isIon. with brief statement Of the rea-
sous therefor, TO be signed by the mem.
bers agreeing therein, and TO be trans
mitted TO joint session Of the two
houses as required BY the electoral act.
Arecess OF about one hour was taken
70 afford time for drafting q report,
which, upon the reassemb'ing Of the
Commission, was presented, and after
being read wss signed by Messrs. Mil
Ter Strong, Bradley, Edmunds, Morton,
F.eliug ghuysen, Garfield and Hosr.
The report is to the following effect:
The Electoral Commission having re-
csiyed certain certificates and papers
purportipg TO be the certificates OF the
electoral votes OF the State of Louisiana,
and certain papers accompanying the
same ard objections thereto, report that
i, has duly considered the same, and has
decided aud does hereby decice that the
vote; of wIliam z. Kellogg. o. q.
Brewster. A b. Levissee, Oscar Jetrien,
Peer Joseph, J. h. Birch, L. A. Shel.
don and Morris Marks, named in the
certificate Of William p Kellogg. gov-
ernor of said State, which votes are Ger.
tilted by said persots, s appears BY the
certificates submitted 10 the Commission
as aforesaid, and marked No. ! By said