Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1877-02-07
The Electoral Commission.

WASHINGTON, Feb. 3.--Judge Cliff
ford said that under the third rule
counsel should present the evidence
which they proposed to offer in close,
condensed and classified form, of
course based upon the condition that
evidence would not be received. The
proposition whether evidence should
be received has not yet been
decided, but counsel would act
as if evidence would be admitted
until the commission decided that
point. After some discussion as to
the mode of procedure, O'Connor adj
dressed the Commission, urging that
evidence should be admitted, subject
to questions of its relevancy and eff
feet, to be considered with the whole
case. lie then submitted his propo-
sition OF evidence, First. That both
the Tilden and Hayes electors met on
the 9th of December and cast their
votes and forwarded the same to the
seat of Government, with the eXcep-
ton that the Hayes electors were GER
tilted by the Governor, and the Tildcn
electors by the Attorney General.
Second. The proceedings under
writ of quo acd'vdnto.
Third. 10 show that under the
common law of Florida and the con-
struction of the statutes of that state,
shown in ousting Stearns.
Fourth. The Legislature Of Flor
ida since Dec. 9th, ordering new
canvass, and the result of that can
vass.
Fifth. That the canvassers rejected
certain returns from counties named
and that IIumphries, one of the Hayes
electors, was an officer under the
United States.
Judge Black was about to argue in
support of the admissibility of the
evidence, when Justice Clifford re-
minded him that unless the other side
objected there was no objection, and
suggested that he yield to Evarts, to
prevent misunderstanding. Black
said there was a misunderstanding
now he did not understand.
Eyarts then begun to address the
Commission, but was soon stopped
OH the ground that he was arguing
on the admissibility of evidence be.
fore it was offered.
Another discussion as to the mode
of procedure took place.
Evarts then spoke against the ad.
mission of evidence, mainly on the
ground that if admitted it would be
necessary to go down to the funda-
mental facts of the election.
Judge Black argued that most OF
the evidence was already before the
commission through reports OF Con.
gressional committees, and was now
a part of the record in the case. II
would be the greatest injustice to re.
quire evidence to be taken up piece
meal and subjected to objections in
detail.
Justice Miller submitted a motion
that counsel on either side be allowed
two hours to discuss the question
raised by Evarts, rs to whether any
other matter shall be considered Other
than that what was laid before tho
two houses by the President.
Senator Thurman thought the scope
should be enlarged, else if the Com
mission should decide to admit evi
dcncc, there wonld be no advance
He proposed that the discussion
should include what evidence nigh
be admitted and also what evidence
wa now before the Commission.
Miller modified his motion as sug
gestcd, and il was adopted.
At the request of Eyarts, an addi
tional hour was given to either side
in order to permit counsel to arran9,
for their argument, and the Commits
sion took recess.
On re-assembling it was agreed
that one counsel of each side be heart
to-day, and one on each side on Mon
day. 1t was further agreed that three
counsel of each side be heard, but no
to extend the time. 1t was announced
that Judge Black would make some
general remarks, and Merrick would
make the regular opening speech
O'Connor making reply to the Other
side at the close Of tho debate OF
Monday.