The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-03

Sooator I'll ukdAan~ Mr.. President, 1t 10
true that The statnte requifus papers ac-.
company ing CERTIFICATES to be laid before
the commission, but It also authorizes
the commission to take into view oil
documents, dispositions and other papers
that may be competent and pertinent to
this inquiry and II we have received pa
pers from either Of the houses which in
the estimation OF the houses It is proper
to send to us, it seems to me we must
look at them and see whether they are
competent and pertinent. think,
therefore, that the motion to print ought
to bs adopted. That will not delay us in
having by tomorrow morning as early
a. We see fit to meet, printed copies OF
the certificates and objections. We can
give directions that they shall be sent to
usimmedlately, and the printing OF these
other papers can 60 on.
Representative Abbott-Mr. President,
think In looking Mt the law the objec.
tons only are to be sent here, and fancy
that these papers, ifthey are sent here at
all, must come as proof of the objec-
tons, 90 that proper motion to prevent
objections would carry with it the neces-
sity OF printing those papers.
Senator Edmunds-Mr. President, in
order that we may consider that topic,
l move the motion Of Judge Abbott be
for the time being laid on the table, 90
that we may consider it a little after
wards.
The::Presiding Justice-The motion is
to lay the motion OF Judge Abbott upon
the table.
Representative Abbott withdraw
the motion for the time being, to be re-
sumed at a subsequent time.
The Presiding Justice-The motion is
withdrawn. IA PAUSE. am requested
now to call for the names Of counsel who
appear in the case on each side.
THE VARIOUS COUNSEL.
Representative Field--Wc have sew
eral counsel on our side. We have Mr..
O'Connor, of New York Judge Black,
OF Philadelphia Judge Trumbull, Of ILL
nois; Mr.. Merrick, of Washington, and
MIR. Green, of New Jersey.
The Presiding Counsel not ex.
ceeding two in number on each side are
allowed to participate In argument.
REPRESENTATIVE Ffeld-We have not
selected those two. only mentioned the
names to you in answer to the question,
how many there are who are concerned
in the case. We shall arrange that matter
in course of the evening.
Presiding Justice-That will answer.
Who are the counsel on the other side?
Mr.. Evarts-As representing the OBJ
jectors to the certificates other than those
that have been represented in the enumer.
alton by MIR. Field, will state, Mr..
Stoughton, Mr.. Stanley Matthews, Mr..
Shellabarger and myself, are expected tc
represent the directors in some of the
cases which will appear, and would ask
instruction of the court. Is it pertinen,
to make inquiry as to what is included ii
the phrase "On the merits Of any CASE
presented to it," whether that means any
issue joined on objections to any particu
lar certificates, or whether it includes al
that ar'-- h,rticula
Presiding Justice-l think the counse
will have to judge OF that matter 70
themselves, unless they have some ques
ton to submit to the commission. 1t Il
hardly within the province OF the IRE
siding justice to determine that.
Mr.. Evarts-We understand, then, tina,
the designation of two cOunsels will be-
sufficiently early made when the case i,
up.
Senator Edmunds-That Is merely for
final argument.
Presiding Justice-After the directors
have opened the case.
Mr.. Evarts-So we understand.
Justice Bradley suggest to Mr..
Evarts that probably the construction of
that would be the ''case on its merits. I"
The principal question would be in.
cluded in that term, and all intcrlocutory
or other motions would not be included
in that phrase.
Senator Edmunds-It covers the whole
subject OF particular state.
Senator Sargent-Tn reply to the ques-
ton OF the commission al to which of the
DIRECTORS would present the case aside
from counsel, on conference 1t 10 deter
mined that Mr.. McCrary and Mr.. Ks.son
will appear.
Senator Edmunds-I move that the
public sitting of the commission be now
adjourned until hslf-past ten O'Clock in
he morning less counsel or DIRECTORS
AVE something further to say at this
ime.
SENATOR JONES' OBJECTION.
Representative Garfield think there
vas an objection filed regarding which
70 action has been taken /; an objection
believe from Senator Jones. Ihays
card the president of the commission
,ake no allusion to it. inqnire whether
here Is any special hearing to be had on
lat objection. think it was different
ON the other objections which have
cen filed. l refer to it because it makes
distinct cause.
The Presiding Justice-My impression
!, though do not make the decision in |
ehalf of the commission. that the several
Elections to returns from state copsti.