The Portland daily press., 1877-02-17

room of the Supreme Court, and when advised
that the Com mission were prepared to receive
them they entered the Court in body. Some
time elapsed before the doors were opened
members Of Congress and those who had tick
cts of admission and when they were opened
frantic rush was made for the interior which
was soon uncomfortably filed. The following
are resolutions acted upon by the Commission
in their secret session and afterwards reported
to counsel:
Mr. Hoar submitted the following:
Ordered, That the evidence be not received
Mr. Abbott offered the following substitute:
Resolved, That the evidence be received to
show that so much of the act of Louisiana
establishing the returning board for that state
is unconstitutional and the acts of said return
ing board are void.
This was rejected.
Yeas-Abbott, Bayard, Clifford, Field, Hun
ton, Payne and Thurman-7.
NayS-Bradley, Edmun0S, Frelinghuysen,
Garfield, boar, Miller, Morton and Strong-8.
Mr.. Abbott offered another substitute, as
follows:
Resolved, That evidence will be received to
show that the returning board of Louisiana at
the time OF canvassing and compiling the vote
OF that state at the last election in that state
was not legally constituted under the law estab-
fishing IT., in this. that it was composed of four
persons of one political party, instead of five
persons of different parties.
Rejected by the same vote.
Mr. Abbott then offered another substitute:
testimony on the subject of the frauds alleged
in The specifications OF counsel for the directors
to certificates and 3.
Rejected by the same vote.
Mr.. Abbott then offered fourth substitute:
Resolved, That testimony tending to show
that the so called returning board of Louisiana
had 10 jurisdiction to canvass the votes for
electors for President and Vice President is
admissible
Rejected by the same vote.
Mr.. Abbott offered fifth which was rejected
by the same vote, which was as follows:
Resolved, Tuat evidence is admissible to show
that the statements and atfidavits purportlng to
have been made and forwarded TO said return
ing board in pursuance of the provisions Of
section 26 OF the election law of 1872, alleging
not, tumult, intimidation aud violence at or
near certain polls aud in certain parishes were
false and fabricated and forged by certain dis
reputable persons under the direction and
knowledge OF said returning board; that said
returning board knowing the statements and
at11davlts made 10 be false and forged, and that
none of such statements were made in the
manner or form within the time required by
the law, did knowingly, wiIfully and fraudu-
lenLly fail and refuse to compile more than.
10000 votes cast, as is shown by the commits
sioners of election.
Mr.. Hunter offered 9th substitute as fol-
lows:
Resolved, That evidence will be received to
prove that the votes Cast and given at said cleo
tion the 7th of Nov. last, as shown by the re-
turns made by the Commissioners of election
for said polls and voting places in said State
have never been compiled or canvassed, and
that said returning board never even pretended
10 compile or canvass the returns by said com.
m:ssioners of election, but that said returning
board only pretend to canvass The returns made
by the State supervisors of registration. Re-
| jected by same vote.
A 18th substitute was offered by Bayard as
| follows:
Resolved, That no person holding an office of
trust or profit under the United States, is elgl-
bic to be appointed an elector, and that this
commission will receive evidence tending to
prove said ineligibility as offered by counsel for
DIRECTORS to certificates numbers 1 and 3.
| Rejected by same VOTE
Justice Field offered the 9Th and last subst-
tute;
Resolved, That in the opinion of the commits.
sion, evidence is admissible npon the several
matters which the counsel for the directors to
numbers 1 and offered to prove.
This was also rejected by the same vote and
question on the original order submitted by
Hoar came up, viz:
That the evidence offered be not received.
Payne moved TO strike out word "not''
Rejected by same vote.
Vote on the original order was then taken
snd 1t was adopted by the following vote:
Yeas-Bradley, Edmunds Frelinghuysen,
Garfield, Hoar, Miller, Morton, and Strong
Nays-Abbott Bayard, Clifford, Field, Hun
ter, Payne, and Thurman.
After conclusion had been reached nv the
commission Counsel were admitted and the
above resolutions read by the Secretary
AS soon as the hnal vote had been taken
Justice Field moved that the injunction of the
secresy be removed from the proceeding of
the commission. 1t was unanimously adopted.
Mr. Hoar inquired of the chair whether apy
OF the time to which the counsel were entitled
under the order of the commission remained, or
whether it had been exhausted.
Court replied that the time for obiectors IN
numbers and 3 was eXhaDStad On bo mont
OF DIRECTORS to certificate number g he believed
that 10 minutes remained, but the time had
been subsequently, exhausted
Mr.. Payne moved that one hour be given
each side Tor the respective counsel to sum up
the case.
Mr.. Garfield said the order had been already
made that each side should have four and a
half hours, and that the time should be used as
they chose on the interlocutory question. He
considered that he ought to stand on the order
and should vote against the motion. Counsel
themselves had not yet asked it.
Judge Clifford epquired if they were satisfied
to rest their case.
Mr.. Evarts said they were satisfied with the
case as it stood.
Judge Clifford asked if the opposing counsel
also agreed to it.
Jadge Campbell said that they had nothing to
add under the circu distances.
Commissioner Abbott understand Won
Judge Campbell, to say that the commission
having ruled out all the evidence, you have
nothing further to urge?
Judge Campbell-Yes sir.
Justice Clifford said that the motion was
then Withdrawn.
Commissioner Morton moved that three
members OF the commission be appointed to
prepare report in the Louisiana case and that
recess of one hour be taKen.
Commissioner Stroug SAID the 0uestion that
mad been passed upon was the question of the
admIssiblllty OF evidence and he thought thew
now ought to go into the merits of the case.
On motion of Com missioner Hoar the com.
mission at 30 went into secret session for
consultation.
Louisiana Declared for Hayes.
The commission in secret session this even |
ing by vote of against 7, adopted the resolu-
ton submitted by Morton, declaring that the |
eight Hayes and Wheeler electoral votes of |
Louisiana should be counted.
A report embodyIng this decision will be |
presented to Congress tomorrow morning
The following is Mr.. Morton's resolution:
Resolved, That the persons named as electors |
~ certificate No. l were the lawful electors of |
.ne state OF Louisiana, and that their votes are |
me me votes provided by the Constitution of the |
dent and Vice President
Thlr resolution was adontod hr . ,ot. of Q 70
T. as follows: " WV 0A W.
Yeas-Bradley, Edmunds, Frelinphnvsen
Garheld, Hoar Miller, Morton and Strong-S
Nays-Abbott, Bayard, Clifford Fisid In
ton. Payne and Thurman-7 -1"A
Justices Miller and bradley and Representa-.
tive Hoar were then appointed a committee tn
draft report of the decision, with a brief
statement OF the reasons therefor to be signed
by the members agreeing therein and to be
transmitted to the joint session of the two
houses, as required by the electoral act.
A recess OF about one hour was then taken to
afford time for drafting report, which upon
the reasse mbliug of the Commission was pre-
sented, and after being read was signed by
hl2SSrS Stran AIau T.,