The Superior times. [volume] (Superior, Wis.) 1870-1912, 1877-02-24

their. time and that two ana half hours
remained Tor the Democratic case. Judge
Campbell then proceeded to close for the
power to deal with the certificates Of the returning
board, and power to look into every act Of the leg
islature, and If that legislature controyenes the
fundamental principles that lie at the foundation of
American liberties, they should reject the votes
In conclusion he argued against the legality OF the
return ming board. Mr.. Merrlok of the Democratic
on the subject last referred to. The commission
then went into secret session and after short CON
the understanding that the vote on the admissi
bilty of evidence in the Louisiana case be takenat
O'Clock, and that counsel be notified sccord dinghy
FOURTEENTH DAY.
WASHINGTON, February Is. - At 5
O'Clock the Commission sent for counsel who
had been awaiting the summons in private room
OF the supreme Court. The following is a sum-
maIy OF the secret transactions of the Commission
as reported to counsel: Hoar submitted a resolu-
ton that evidence be not received Abbott offered
as a substitute that evidence be received to show
that SO much OF the act of Louisiana establishing
returning board s unconstitutional and the acts
Abbott then submitted another substitute that the
returning board which compiled the returns of the
ate eectlons was not legally constituted under the
law establishing 1t. Rejected by the same vote
Abbott submitted third substitute that the Com
mission receive testimony of the frauds alleged in
the specincation of counsel for objectors Rejected
that testimony tending to show that the so-called
returning board had no Jurisdiction to canvass the
vote Is admissible was also rejected. Abbott sub
m1tted nth substitute that evidence is admis-
sible that statements and afidayits of alleged riot
1ntlmldatloD, ETC., false and fabricated and
tnat the so-called returning board did wfully and
Irauduientiy fail and refuse to count more
than !o,OO0 votes cast. Rejected. Hunton offered
sixth substitute that evidence be received to prove
that the votes cast at the late election have never
been been legally compiled or canvassed. Rejected.
ha Ihcfif YIfaf hat
son holding an office of trust or profit under the
United states is eligible to be appointed an elector
ana tnat evidence be received tending to prove said
eglDlty rs offered by counsel for DIRECTORS to GER
tihcates Nos. and 3. Rejected. Field offered the
eighth and last substitute, that in the opinion of
the commission evidence is admissible upon sew
eral matters which counsel for DIRECTORS to Nos 1
and offered TO prove Rejected also, The orig
lnal resolution By Hoar, that evidence be not re-
celyed then came up and was carried-ayes 8; nays
l. Justice Field then moved that the Injunction of
secrecy be removed from the proceedings of the
commission, Adopted unanimously The time to
which counsel were entitled to having expired the
case On both sides was rested. The commission
then went into secret session for consultation on
the main question. Immediately after the doors
were closed Senator Morton offered the following
resolution
RESOLVED, That the persons named as electors in
certificate No. were lawful electors of the state of
louisiana, and that their votes are the votes pro-
ylded by the constitution of the United States end
should be counted for President and vice-Presdept
This resolution was adopted by vote of to 7, as
follows:
Yeas-Bradey, Edmunds, Frelinghuysan. Strong.
Miller, Hoar, Garfield and Morton-8
Payne and Thurman-7
Justice Miller and Bradley and Representative
Hoar were then appointed a committee to draft
report of the decision, with brief statement of
the reasons therefor, to be signed by the members
agreeing therein, and to be transmitted to the Joint
session OF the two houses required by the cleo
toral act. recess of about one hour was then
taken to afford time for drafting report which
fha arr,lNl ir,<r nf
scented, and after being read was signed by Miller
Strong, Rradley, Edmunds, Morton Frelinghuyssn.
Garheld and Hoar.
THE REPORT.
The electoral commission having received certain
certificates OF the electoral votes of the state of
Louisiana, and certain papers accompanying the
same and objections thereto, report that il has
duly considered the same and mas decided and does
hereby decide that the votes of VIM Pitt KELLOGG
o. 81. Brewster, A. b. Levissee, Oscar JaffraIU
Peter Joseph, J. a. Birch, L. A. Sheldon and Morris
Marks, named in the certificate of VIM. P Kellogg
governor of said state, which votes are certified by
said persons; as appears b. the certificates sub
mitted to the commission as aforesaid, and marked
number 1 by said commission and herewith re
turned, are the votes provided for by the consttu
ton of the United States, and that the same are
lawfully to be counted as therein certified, namely
the votes for Rutherford b. Hayes, the state OF
Ohio, for president, and votes for Wm A Wheeler
OF the state of New York, for vice presiden mt,
The commission also decides and reports the
eight persons first, before named, were duly an
pointed electors in and by said state of Louisiana
The ground OF this decision stated briefly is sub
stantiaHy as follows: That it is not competent ro
go into the violence atunde the papers opened
by the president of the senate in the presence OF
| the two houses to prove that other persons thar
these regularly certified by the governor of the
state OF Louisiana i'll and according to the determ
nation and declaration of their appointments iI
other words to go behind the certificate OF the gov
so far as is founded upon the action of the
returning board. The report will also state that
the commission could not receive any evidence tc
show that any elector was ineligible on the 7th OF
November, the day OF election, on the ground that
it was not essential to show that an elector was
eligible on that day, so long he was eligible
when he cast his vote the electoral college AND
the fact appears that the alleged ineligible electors
Brewster and Levissee, were chosen to fill vacancies
caused by their own absence from the college and
there was no allegation OF inegibiity at the time
they cast their vote.