The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1877-02-16

10 Of the case. the Presiding Justice announcer
he public session closed, and after a private
conference the Commission adjourned ill 1880
q. m. Tomorrow.
RULES or THE COMMISSION.
The Electoral Commission to-day pro-
mujgated the following rules. adopted by them
last evening. under authority Of the recent act q
Rnie i. The Commission shall appoint secre
tary, two Assistant Secretaries, Marshal and
two Deputy Marshals, n stenographer and such
Messengers ~ shall be needful, 70 hold during
the pleasure OF the Commission.
Rule On any subject submitted 70 the Com
mission hearing shall be had and counsel shall
be allowed 70 conduct the case on each side.
Rules .ounsel not exceeding two ~ number
on each side will be heard by the Commission on
the merits Of any case presented TO IT, no longer
than two hours being allowed 70 each side. I'M
less longer time and additional counsel shall pc
specially authorized by the Commission. In me
hearing Of interlocutory questions but ore coun.
sci shall be heard on each side, anu no longer
than n minutes, uniess the Commission allow
further time and additional counsel, and printed
arguments will he received
kule :. The DIRECTORS To any certificate or vote
may select two OF their number 10 support their
objections in oral argument, and 10 advocate me
validity Of any certificate or vote. the vniuity OF
which they maintain. and in like manner 90.
jectors 70 any other certificate may select two OF
their number tor like purpose, but under TINS
rule not more s .nan ic"r man sna MI hours
Rule 3 Application for process 70 compel 'nc
attendance OF Witnesses. or the production OF
written or documentary testimony, may DC
made by counsel on either side. and all process
shall be served and executed by the Marshal OF
the Commission, or his deputies. Dispositions
hereafter taken for use before the commission
shall be sufficiently authenticated, Il taken be-
fore any Commissioner Of the Circuit Courts Of
the United states, or any clerk or deputy clerk
Of any Court Of the United staIes.
Rule o. Admission 70 public sittings Of the
a. the President OF the Commission shall direct
Rnle !. The Commission will sit. unless other.
wise ordered, in the room Of the supreme Court
OF the United States; and with open doors eek
directed.
FEB. 1.-The Electoral Commission met
al 10 80 m. and Mr. Field opened the argu-
ment a. an objector ia the case Of Florida. and
argued Ia favor OF going behind the face OF The
returns. on the ground that 4 this could not be
done the American people would be IN the posi-
ton 81 standing pew rless IN the face 81 gigantic
fraud. He was followed by Representative
Tucker. another OF the directors on the same
side OF the case At the conclusion ofMr- Iuck'
er's argument the Commission took recess IN.
til 3. After the recess MIR. kasson addressed
the Commission. arguing that the certificate pre-
scnted by the Republican Electors WAS the only
one having any constitutional and legal validity.
lie referred briefly 70 certain alleged frauds on
the part OF the Democrats at various lis IN the
state. but argued al length against the power q
the Commission to 40 behind the returns. lie
was followed by Mr.. McCrary on the same side.
who cited numerous legal authorities - sustain
his position. The question " admitting eyi.
dence before the Commission then came up. anu
its decision was left open until the next session.
FEB. s.-After some discussion as to q
mode of procedure. MIR. O'Conor. Of the Demo.
cratic counsel, addressed the Commission. urg.
ing that evidence should be admitted subject Il
- g. x..I.r md Iu gfI 4
be considered with the whole case. He ther
submitted his proposition Of evidence MI
Evarfe then spoke IN opposition 70 the lntronuc
ton u evidence. mainly on the ground that. u
fundamental facts in the election He was re
piled a. by Mr.. Black. motion was theI
adopted. that counsel on either side DC aiiowes
two hours 70 discuss the question az 70 VIVA, cyl
dcncc might be admitted and also what evidenc'
was now before the Commission. The C0mmls
sion adjourned till Monday.
FEE. 6.-The Electoral Commission wa'
in secret session all day, considering the ques
tons submitted.
FEB. 5.-Mr. Evarts, OF Republican ccun,
sci, opened the argument 70 day In the Florida
case, opposing the theory OF the De- sTatis
counsel that the Commission ought " cceiys
evidence other than that which had been laid be-
fore the two houses 81 congress by me presiding
officer 81 the senate, and w.ch had been refer.
rel 10 the ELECTORAL tutItNltHlVu. ttt tttHfAcl
that the Democratic counsel wanted 10 Introduce
extraneous evidence To show every step taken IN
the election itself. but not 10 prove That Gov.
siearns's action was not based on The returns u
received BY him from the regular count OF the
Canvassing Boaras. In this connection he said
.Sow. what are We 20 gather IN respect % lht
stage Of this transaction which the deposit % Inc
FEDERAL vote for President ~ Inc qualihea
Electors showss II IL their own vote. Thy ar
not delegates 10 make vote according 10 the In.
structions Of their state. They are not depu.
tized 70 perform the VIII q any body Trey arg
voters who exercise free choice and lu4rority y
vote or refrain from voting oi courea neglectin1
! duty-and 10 vote for whom they please, and
/ from the moment their vote ~ sealed and Tor
\ wardcd toward the seat Of Government. me- power
| in the state can touch II. arrest II. reverse H.
\ corrupt III retract if-nothing 10 % be done ex.
cept count u. and count II as II was deposited.
Referring 70 the third obteetion presented aenins
| the Hayes Elect0r. Mr.. Evarts read his testi
| mony, showing that he resigned as United States
| shipping Commissioner some time before me
election. Mr.. Evarts then maintained That tners
| was no law ~ Congress which provided for TAX
ing proof Of any acts Of Electors. and that there
was no other process Of counting the vote excep
that provided under the Constitution. ny go
ing behind the returns, a. suggested IN the cass
\ OF Florida, he maintained that Congress would
| be exercising pienary judicial powers which the
| Constitution o. the United States does not con
| fer upon that body. Such power only rested y
the supreme Court. and congress could not del
crate any judicial power 70 any 81 ~ members
| N 10 any one else. unless specially WARRANTED
| bv the Constitution. Mr.. 0'Conor. Of Demo
cratic counsel, then replied 70 MIR. Evarts. ~
/ maintained that the Commission has full uihor
ity " investigate by AL judicial and lcsai mean
The very fact and thereby ascertain what was y,
| vote ~ Florida Referring - the powers VIII
I which the Commission - clothed, he saiu
Those powers are distinctly, and mliy, am
briefly expressed In this admirable document
| the Electoral bill. destined. TO the imnorta
| honor Of those concerned In ts preparation, 2
mass into history with your act. They are ex
nresscd M lines ~ and ~ of the House bill Tn
same powers II any row possessed for that pur
\ pose Nv the two houses acting separately or 70
i anlhcr-t Yon have thue-and THIS IL tne Test