Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1877-02-24
THE ELECTORAL COUNT.

The Electoral Commission reached de-
cision in the Louisiana case Friday, 10th.
At the close of the arguments the com
mission went Into executive session, and
amer 4 spirited discussion by several
members Of The board, decided by a vote
of eight to seven to declare tie vote OF
the State for the Hayes and Wheeler cleo
tors.
Mr.. IIoar submitted the following:
Ordered, that the evidence be not re-
ceived.
Mr.. Abbott offered the follow ing as a
substitute:
ResOlced, That evidence be received to
show that so much of the act of Louis
lana establishing the Returning Board
for that State is unconstitutional, and the
acts of said Returning Board are void.
This was rcjectcd-ycas, Mcssrs. Alb
bolt, Bayartl, Clifford, Field, Hunton,
Payne and Thurman-7; nays, Mcssrs.
Bradley, Edmuuds, Frclnghnysen, Gar
field, Hoar, Miller, Morton and Strong.
Mr.. Abbott offered another substitute
as follows:
ReSolred, That evidence will be receiv-
ed to show that the Returning Board of
Louisiana, at the time of canvasSing and
compiling the vote of that State, at the
last election in that State, was not legal
liz constituted under the law establishing
it, in this, that it was composed of four
persons of one political party instead Of
ivn parCouS Of liffprant martins
Rejected by the same vote. Mr.. Abbott
then offered another substitute:
| ReSolred, That the Commission will re-
ceive testimony on the subject of the
| frauds alleged in the specification of coun-
sci for the directors to certificates one
and three.
Rejected by the same vote. Mr.. Abbott
then offered fourth substitute:
ReSolUed, That testimony tending to
show that the so-callcd Returning Board
of Louisiana had no jurisdiction to can
vass the votes for electors for President
and Vice-Prcsidcnt is Adjustable.
Rejected by the same vote. Mr.. Abbott
offered fifth, which was rejected by the
same vote, which was as follows
ReSolred, That evidence is admissible;
/ that the statements and atlidavitS purport-
ing to have been made and forwarded to
said Returning Board in pursuance of the
provisions of Section 26 of the election
law of 1872, alleging riot, tumult, intim-
idatiOn and violence at or near certain
polls, and in certain parishes, were false
and fabricated and forged by certain dis
reputable persons under the direction
and knowledge of said Returning Board
that said Returning Board, knowing said
statements and aflidavits to be false and
forged, and that none of such statements
were made in the manner or form within
the time required by the law, did know
ingly, wilfully and fraudulently fail and
refuse to canvass or compile more than
10000 votes cast, as is shown by the Com
missioncrs of Election.
Mr.. IIunton offered q sixth substitute as
follows:
ReSolUed, That evidence will be receiv-
ed to prove that the votes cast and given
at said election on the It'll of November
last, as shown by the return made by the
Commissioners of Election for said polls
and voting places in said State, have
never been compiled nor canvaSSed, and
tended to compile or canvass the returns
by said Commissioners of Election, but
that said Returning Board only pretended
to canvass the returns made by the State
Supervisors of Registration.
Rejected by the same vote. A seventh
substitute was offered by Mr.. Bayard as
follows:
RESOLVED, That no person holding an of
flee Of trust or profit under the United
States is eligible to be appointed an cleo
tor, and that this Commission will re.
ceive evidence tending to prove said in
eligibility, as offered by counsel for OBJ
jcctors to certificates Nos. and 8.
Rejected by the same vote. Justice
Field offered the eighth and last substi
tute, as follows:
RESOLVED, That in the opinion of the
Commission evidence is admissible upor
the several matters which the counsel fol-
the directors to Nos. / and offered tC
prove.
This was also rejected by the same
vote, and the question on the original or
ders submitted by Mr.. Ioar came up
viz:
That the evidence offered be not re.
ceived.
Mr.. Payne moved to strike out the
word ''not." This was rejected by the
same vote. The vote on the original or.
der was then taken and it was adopted by
the following vote:
-Maccrc roJI.,, JH,o
linghuysen, Garfield, Hoar, Miller, Nor.
ton and Strong-S.
NAYs.-Mcssrs. Abbott, Bayard, Cliff
ford, Field, Hunton, Payne and Thurman
7.
After the conclusion had been reached
by the Commission, counsel were admit.
ted and the above resolutions were read
by the Secretary. As soon Us the tinal
vote had been taken, Justice Field moved
that the Injunction of secresy be removed
from the proceedings of the Commission
1t was unanimously adopted.
Mr.. Hoar inquired Of the Chair wheth
er any of the time to which the counse
were entitled, under the order of the
Commission, remained, or whether it had
been exhausted.
The Court replied that the time fol
DIRECTORS to numbers one and three were
exhausted. On the part Of directors to
certificate number two, he believed that
10 minutes remained but the time had
been subsequently exhausted
Mr.. Payne moved that one hour be
given each side for the respective counsel
| to aum nm tho poCa