The New York herald., 1877-02-15

visions about protests being attached to the returns
merely directory, and that these acts could be
done at other tmesshis TO justify the preparation Of
anadavits and protests in New Orleans
Mr. Hoar inquired n the protest could be considered
IL the adavt did accompany the certificate within
the legal time?
Mr. SheIabarger answered that certain things, as
violence and impossibiiisy, excused the failure or
omission to do 50, and proceeded say that, under
the maxim of law which holds that every onlcer is
right until he is shown to bs otherwise the Returning
Board was right, which seemed 10 be begging the
whole question: a. he was arguing against admitting
testimony offered to prove that It had done wrong He
added that II wrong done tho defeated party had
its remedy in the courts. and ended with charges Of
murder and intimidation.
Mr. Evarts complained Of the bad air stated that he
had been In the Chamber all DAY and asked 10 begin
his argument in the morning. After some discussion
the commission adjourned until fifteen mi nutes past
ten O'Clock tomorrow
ATTITUDE REPUBLICANS.
1t will be seen that tho republicans stand squarely
the Florida decision, insisting that that shall apply
Louisiana. and that the letter OF tho law
with thcm They deicnd the character OF the Return
ing Board, its right to sit with only iour
members, and these all OF party, and all
Its acts, and they resist all looking into evidence to
lawiulncss of the Returning Board its legal power
to act all or It's legal power to act in the manner Il
did.
10th PARTIES DEPRESSED
Both parties are depressed tonight No ono pretcnds
guess how the will be decided Mr.. Evarts closes
for the republicans ana Judge Campbell for
the democrats This relates. Of course. only to the
question Of admitting evidence. When tho commits
sion has decided that thon tho argument on the
question, the Louisiana case. will be resumed.
PROCEEDINGS OF THE COMMISSION.
wAsuiNGroN, Feb IA, 1877.
The Electoral Commission assembled promptly at
ten O'Clock this morning and resumed the proceedings
abruptly broken OF At Nj. Carpenters earnest
solicitation last night
Mr. Carpenter then proceeded with bis argument on
the law Louisiana the powers or tho Returning
Board under IT, claiming, the nrst place. tha. the
creating Board unconstitutional insomach us
II dsfr anchscd the many for the crimes OF the few
such crimes even not bcing~ established proper
judicial investRasion and In the second place. admit
ting the constitutionality OF the law, It had been
grossly wuly violated by the Board IN their pre-
tended Of the votes in the recent election.
oFyER THE DEMOCRATS.
At the conclusion Of Mr.. Carpenters speech Mr..
Trumbull and offered 70 prove before the COM
mission that William p Kellogg, who certified as the
Governor OF tho State Of Louisiana under tho appoint
toft ha ola Tho aamo Enio
who by said certificate certified to have up
pointed elector. In other words, kellogg certified
his own appointment such elecIor and he offered
to prove that Governor Kellogg aud The eIector
Kellogg the same
Justice Clifford inquired II he proposed to state all
his offers Of proof at once
He replied in the negutive-that he only offered to
prove that fact that he had stated unless thero
some objection TO it they would call two witnesses
Mr Evaris objected on the ground of its ,uadmssi.
bility.
question:
Commissioner Strong stated that II counsel would
Simplify much the u the Who
could then deiermine whether tho whos was admiss-
b. or whether any part Wa therwse thsy might bo
Mr. TrumbulIf inquired II the argument upon the
introduction OF test,mony would be limited fifteen
minutes There various branches Of II, aud no
could hardly read all the oilers Of testimony In fifteen
minutes.
Commissioner Strong replied that tho commission
would be quite willing 70 hear all that was proposed 10
be- offered as u whole.
Mr. Trunbull assentcd to Commissioner Strong's
view of the and certified his readiness offer
whole testimony ut once with tho understanding that
it could be offered as whole or In part.
Mr. Evarts then said:-T only proposition OF EVIL
dcnce that has been made 10 the commission is ~
prove that Mr. Kellogg who appears in tho certificate
opened by the President OF tho Senate to be Governor
who appears also be elector Is the person.
Now, while regard tho admission OF any evidence
relating to the certificates that werc opened by the
President OF tho Senate AZ inadmissible wo should
not argument upon those certificates, contend that
they were not the same person.
BY Chiet Justice Clfiord-l understand you now to
accept the suggestion OF Judge Strong, to make all
your offers at tho same timc.
BY Mr. Trumbnll-At the same time and In Fart
Tho Presiding Justice then directed Mr. Trumbu to
proceed
Mr. TrumbuI proceeded to state his second oiier the
first being in reference to MIR. Evarts' admission Wo
offer PROVE, SAID Mr. Trumbu that Kellogg
duly appointed the In the State ia 1875
ana that the certificate TACT. To show this
we offer To prove by certified copies OF the list made
out signed and sworn 10 by the OF the
election OF any poll and voting place the said State
and delivered by said commissioners 10 the Clerk OF
the District Court wherein SAID polls established
except in the parish of Orleans, ana III that parish
ey delivered to the Secretary or the Stae that
the said Kellogg received 300 less votes than
such election east tor each aud every o the McEnery
electors That form o testimony involves the merits,
extent, OF our case.
THE MACHINERY ELECTION
Your Honors will remember that, by the laws Of
louisiana, the elections are held by persons denom-
mated commissioners OF Election They correspond
TO judges OF election most States. There arc fty-
parishes IN the Stale vi Louisiana, ana each
parish there are a number OF polls voting places,
usually from six TO thirty There Is Tor each parish
the State an officer known supervisor OF regstru.
ton This supervisor OF registration appointed by the
Governor OF the State, he appoints all commits
Of election throughout State, but IL has
many places or voting as ne pleases, and these
voting places arc presided over by these COM
missloncrs whom he appoints tho supervisor
o: registration appoints the commissioners IN the
county; the Governor appoints the supe rvisors,
tor each parish and each OF these supervisors ap-
points all tho Commissioners OF Election, and tho
Commissioners of Election designated many places
holding elections AZ they please and ilx the points
where elections to be held. We com planned very
universally OF this arrangement You may observe
that places the entire machinery OF election IN the
hands Of the Governor and II Is In evidence here that
these supervisors were all Of one parry. The Comms.
Of Election are required by tue law be Of
different parties. but they were generally all OF
IInxur NIL hu H. SIpo az