The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1877-02-24


7 -,
the school board Of East Dltnn Rouge; httl',
! because .Iclrrinn waa specially disqualified BY
1 the thirteenth section OF the net Of tho lrsisla-
tnrc nass,J ,Iulv u, 1871. which provides that
/ no sutrrvis,r Of registration shall c!iEb!o
to any niIir 1t tllat tlpction and because JEFF
| rim vrs nj tlclaA election sUINrN lar VI reg
istratInn for the pOriSl " Point CUupeG.
| This objection II sirncl by Senators SAILS
! burv. Mcdonald and Herman, Filh ly lIeprtsen-
tntiiyes jerks, Tucker, Gibson, Field, Lery and
liz Wool DENY. Of New York. submitted
further objections to tho Hayes aud Wheeler
certificates, nIl the ground tllat tho electors
werc not elected as provided by tho LeslSlA'
tUrH.
Mr.. Howe (Rep.l, Of Wisconsin, Stibmltl IS
objections 10 the Iildcn and ltnildrtcRs ccrtui!-
Gates, OIL tho ground that there was no Cyl,
! Deuce that those electors had been Gppolntta
! IN such manner as the Legislature Iifee1eu,
4 while there was cyilOcc conclusive IN law tlIat
neither Of them had been no appOnltGd HI+o
on tie ground TINT there wuS no Oridonce tllat
McEncry was governor OF Louisiana ~ theysat
1876, while thGru was conclusive evidence tl1nt
Kellogg was, during the year 1916, and tor sew
cral years prior thereto governor OF That state,
and that he was recognized AS sisll W tne
4 judicial md legislative departments Of l'onisl-
ann, and by al the departments OF tic goTcf''-
nlcnt Of tho United States.
Tile presiding officer. Arc there further 90
Jections 10. tho State Of Louisiana! (GitcF
Of tho certificates from that State Win iie
papers, accompanying tic same, loEcthcF WIN
tll0 objections, will he now submitted to Tho
Electoral commission for judgment anu ue-
clston. The Senate will now withdraw 10 lis
chamber"
The Senate thCroupOn Withdrew.
| .ra.as ~ 49,. ,rn
the Electoral TFihhhM'
Following the remarks lnndc hy the getttlo-
mon on 10th sides was secret sessiOn Of the
commission. Tic following IL copy Of the
minute Oh the Official record Of tho commission:
On motion Of Mr.. Justice Miller, ordered /:
That no evidence will be received or considered
by the commission Which was not submitted TO
! tic Joint convention Of The two houses by tho
president Of the Senate witlIthe different GER
ticates, except scl MS relates to the eligibility
Of +. c. IIulnplI cyE, one Of the electors.
The vote YVES nS follows: YcaS-l3rndlcy. Ed
mnndS, Frc!inghlysgn, Garfield. HOar. Miller,
| Morton and StfonE-s, NayH-AbbOtt, DAyard,
| Clifford. field, Hutton, PAYNE aud Thurman
| LIZ 5}a7cs y lsnII. - .'F- uH
On motion ofAir. Abbott; RsSOiBeL, That In
the Gaze Of Florida tue commission will receive
the evidence relating to the eligibility Of 7. G.
Humphreys, one Of tho persons named in cor
tilcata number ono AZ clcctor. Icas-Abbott,
Bavarl, Bradley, Clifford, Field IiuntOn. Payne
and TLurman-s. 1Nays-EalnIInds. Frrling-
lIuysop, Garfield, lIOar, Miller, Morton and
Strung-7.. u.-.
The secretary of tho commission was III
str1,etci 10 inform the counsel Oh tic respective
sides that tic commission was prepared TO hear
| argument OIL the question Of The eligibility OF
| p. CI Humphreys az an electOr. =,
Mr.. Ilumphfeys Is one Of tic Republican
electors, and the question raised As to tue Cligi
bility IL that he wNs at the date Of his election
| a United States shipping commissioner, which
Is alleged 10 DO such an office Of trust nndprOiI
AZ to dislualify him from acting nj olcctor, hut
which Office, Il Is asserted by tile Republicans,
no resigned before the election. ~ss
Tho committee by their decision have before
them in the Florida case three ECta Of papers
to consider, namely: First the certificate Of The
HAYES electors; Second, that Of tho Tildcu
electors, and third, the PAPER containing the
record Of tlIc cIrcWEt cOnrt Of Florida OF the 1uO
,rdrr0ntO and tho subsequent action OF tho leg
islaiUre Of that State,
The arguments on ihe question OF eligibility
| on the Democratic side were made by Judge
IIOadlcv, Of Ohio, Judge Ashbel Green, Of New
JGrlcy, md Richard T llGrrick, OF Washington.
Judge lEOadley insisted that tho question Of
Humphreys eligibility turns upon tho accGp-
tancG Of lii. resignation by Judge Woods Of tic
United States circuit court for tho district Of
Florida. Humphreys asserts that lio resigned
on the fifth Of Ostober, and that Judge Woods
accepted his resignation, and designated the
collector Of the port Of Pensacola as the proper
person 10 fulfill tho dntes Of tho Office until his
successor should be appointed. At the tine
| Humphreys resignation was sent 10 Judge
I WONdS, the latter was In Newark, Ohio, aud
| frnm that point wrute to Humphreys, acAn0wl-
elgrg tho receipt OF liS resignation, and trans
1 uniting 10 him his HcceptAtion III the same.
| Tie point made by Democratic counsel Is that
| the appointment Of shipping commissioner IL
made by the circuit court that Judge Woods
IL not the circuit court that the court Is not
lICld i'll Newark, Ohio that the matter Of
resignation md the arrcptAtiOn thereof has
never been spread upon the record Of the court,
and that the successor OF Humphreys lRsnever
1 been appointed by the court. Tho other c0Nll-
| sel oil the same side discussed generally the
vNne az evidence OF the three different eertiti-
Gales made By the Republican and Democratic
electors, and dwGlt at some length upon the
decision Of the supreme court Of that State OH
mandamuS case brought by Drcw against
SteArnS, and also the quo rdrT1ntO proceedings
Instituted by tho Democratic electors. "a
Judge Shcllabarger and Mr.. EvartS followed
for tho lVp,lblicanS and Mr.. AlCrrick closed for
| the Democrats. Judge ShcllubarEcr observed
that the electors exercised I'll act ofgovef1lmcnt
which necessarily terminated on the day wheii
they cast theirYOtes. Mr.. ErNrtS discussed tue
eligibility question and the question OF validity
In The ridden returns.
The discussion by tic members Of the CON
mission IN secret session Is said to have been
very spirited, and two or three timeJ n great
deal Of feeling was manifested. Tho Icpubli.
can mcml,ers desired to- have the decision Of
tile commission ~ drawn AZ to cover all the