The New York herald., 1877-02-17

ollows:-
sss vs 1s Thai hosrs sss Of s,
n 70 nv raS Ina. . I'M, NIL receive
jectorsto certificates Nos aud three.
Rejected by the vote
Mr.. Justice Field offered the eighth and last subst
| tute, as foows:--
Resolved That in tho opinion OF the commission evidence
for obiectors Nos l and ) offered to prove.
THIS was also rejected by the vote and the
question on the original order submitted by Mr. HoaI
| came up. namely
That the evidence offered be received.
Mr. Payne moved to strike out tho word mot" Re.
jected by the same vote.
| rng
The vote on the original then taken and Il
was adopted by the following vote:-
c.,d , bradley Edmunds f,elnghuysen. Gar
NAYs-Msssrs Abbott Bayard, CLIFFORD. Field runsou.
Payne and Thnrman-7
After the conclusion had been reached by the com.
mission counsel were admitted ana the above resolu.
tions werc read by the secretary. As soon us tho
nnal Vote had been taken Mr. Justice Field moved
that the injunction of secresy be removed from tho
proceedings OF the commission ana 1t was adopted
| unanimously.
Mr. Hoar inquired Of the Chair whether any OF the
time to which counsel entitled under the order
OF the commission, remained, or whether It had been
exhausted.
The Chair replied that the time for obecors TO Nos
ana was exhausted. On the part of obectors to
certificate No he believed ten minutes remained, but
tho time had been substantially exhausted.
Mr. Payne moved that one hour be given each sidc
for the respective counsel TO sum up the case.
Mr. GARFIELD SAID that tne order had been already
made that each de should have four and hall hours
and that the time should be used they chose the
intcriocutory question. He considered he ougut to
stand on the order ana should vote the
Counsel themselves had not yet asked u.
Justice Clifford inquired If they were satisfied to rest
| thelrcase.
Mr Evarts said they satisfied with the case as
| It stooi.
Justice Clifford asked II opposing counsel also agreed
toiL
Judge Campbell said they had nothing to add under
the circumstances
| Commissioner Abbott understand you, Judge
Campbell, TO say that tho commission having ruled
out all the evidence you offered, you have nothing
| further 10 urgey
Judge Campbe-Ycs sir.
| Justice Clifford said the motion then withdrawn
Commissioner Morton moved that three members Of
the commission DO appointed To prepare report In
the Louisiana case, and that recess OF one hour be
taken.
had been passed upon the question OF the admis.
sbility OF evidence. and he thought they ought
| TO go into the merits Ofthc case.
! Then, motion OF Commissioner Hoar, the CON-
mission. at hall-past two O'Clock, went Into
session for consultation.
Commissioner Payne moved that one hour be allowed
each side Of the commission In which to make argu.
| menls
| Commissioner Garfield said that the order pursued
yesterday giving iour and halt hours to each eide
argue the whole question interrupted by the offer
OF testimony and II was then agreed that two add-
tonai hours should bc gwen TO that question. After
thar agreement was entered into II also agreed
that counsel might draw ON their final time
lion If they chose, and they used
u up and discussed the whole question
together with the nterlocutory questions The coun-
sci have not usked tor additional tme and u they had
should consider that we ought to stand by ourorder
soner Payne.
Commissioner Morton said that unless counsel DO.
sired II he should vote against the proposition. He
would not invite counsel 10 argue the question further
| MIR. Evarts said that his side had argued the whole
question fully and covered the whole merits OF the
case They had 40 considered II during tho timc al.
| lowed them.
! Tho motion was withdrawn. ..
| Mr.. Hoar then moved that the commission 20 into
secret session, Tor the purpose OF consultation tho
! main question
mis- was adopted and the crowd was directed TO
Immediately after tho doors closed, Senator
Norton offered The following resoution:-
fcase No the electors Of state Of Louis-
sson Of the Tnsd Sta e. and should BE- counted for
! President and Vice President.
This resolution was adopted by vote Of to T. az
| follows:-
nela. iIosr Miller, Morton and strcng-s.
| Payne and Thurman-7
Justices Miller and Bradley aud Representative Hoar
4 shen appointed committee DRAFT u report OF
The decision, with brief statement OF the reasons
therefor TO bo signed by the members agreeing there
in and to be transmitted to the JOINT session OF the
two Houses as required by the Electoral act
recess OF about ono hour was then taken afford
time for drafting report, when, upon the reasscn
bling OF the commission was nted and after being
read was signed by Messrs Miller. Strong Bradley
Edmunds, Morton, Frelinghuysen. GARFIELD and Hoar.
The report Is TO the following enect:-
REPORT rHk COMMISSION.
Tho Electoral Commission having received certain
Of he sa Of asa
certain papers accompanying same, aud the
objections thoreto. report that It has duly
considered the same and has decided and does
hereby decide that tho votes of William
Pitt Kellogg, q. d. Brewster, A. b. Levisse, Oscar
Jourian. Petcr Joseph, j. II. Birch L. A. sheldon and
Morris Marks, named in the certificate OF William Pit
Kellogg, Governor OF said State (which votes
submitted TO the commission as Aforesaid
and marked number one by said commission
and herewith relurned) are tho votes provided
ior by the constitution OF the United States and that
the lawfully to be counted therein certified
namely eight votes for Rutherford b. Hayes Of the
State oi Ohio, Tor President, and eight votes tor
William A. Wheeler, OF the State of New York, for
Vice President The commission also decides and re-.
duy appointed electors IN and by tho said State OF
LOUISIANA
GROUNDS or THE DECISION
Tho ground of this DECISION, stated briefly Ia sub.
stantIaly as fo!ows:-
That Il IL not competent to 90 into evidence aIimedi
10 papers opened by President Of the Senate
in the presence OF the houses prove that other
persons other than those regularly certified by tho
Governor oi the state OF louisiana in and according
the determination and declaration of their appoint
mcnt-in other words TO 90 behind the certificate OF
the Governor so far as Is founded upon the
the Returning Board
The report will also state that the could
not receive any evidence TO show that any cccor
ineligible on the 1th Of November the day OF the eec
tion, the ground that II essential to show
that an eleclOr was eligible that day long hc
eligible when he cast his vote The Electoral
College, ana the fact appears that the alleged inclig
Bile electors Brewster and Ievsse chosen to i'll
vacancies caused by their own absence from tho coli
ege. and there was allegation OF inelgbilty at the
time they cast their vote
The commission remained IN session until ninc
O'Clock, when, on motion vi Mr. Edmunds, an adjourn.
men. to four T.. NJ tomorrow was ordered
While the commission session remarks
delivered by Messrs Morton, Thurman Gurneid
Bayard, Edmunds, Hunton, Hoar anu Bradley, the
last named closing the discussion. There was much
anxiety and intense interest when the vote was about
to DO taKe The discussion OF the question
the vote OF Justice Bradley. throughout the secret
deliberations Of the commission to-day and heretofore
the remarks OF tho members were dgnined yet earn
ust nj nj ana onp M huc cho