The Somerset press. [volume] (Somerset, Ohio) 1873-1977, 1877-02-16

counsel on both sides, the Presiding Justice
announced that the Commission would now,
at half.past two, take recess for three
quarters of an hour, and that no other mat
tiers would be taken up to-day in public
session.
After the recess, the Commission remained |
in secret session about twenty minutes, and |
after authorizing the announcement that |
there would be no public session tomorrow, |
adjourned, to meet at noon tomorrow, for |
consultation.
The Tripartite Commission, on February |
7, came to a decision in the Florida case. |
The following is the minute of the official
record:
On motion of Justice Miller, ordered that
no evidence will be received or considered
by the Commission, which was not sub
mitted to the Joint Convention of the two
Houses, by the President of the Senate with
different certificates, except such as relates
to the eligibility of F. C. Humphreys, one of
the Electors. The vote is as follows:
Yeas-Bradley, Ednunds, Frelinghuysen,
Garfield, Hoar, Miller, Morton and Strong,S,
Nays--Abbott, Bayard, Clifford, Field
Hunton, Payne and Thurman, Z.
On motion of Mr.. Abbott---ResolUed, That
in the case of Florida, this Commission will
receive evidence relating to the eligibility
of Frederick C. Humphreys, one OF the
persons named in Certificate No. l as
Elector.
Yeas--Abbott, Bayard, Bradley, Clifford,
Field, Hunton, Payne and Thurman, s.
Nays--Edmunds, Frelinghuysen, Garfield,
Hoar, Miller, Morton and Strong Z.
The Secretary of the Commission was in
| structed to inform the counsel on the re-
spective sides that at II o'clock tomorrow
| it will be prepared to hear argument on the
| question of the eligibility of Frederick Z.
Humphreys as an Elector.
Humphreys is one of the Republican
| Electors, and the question raised as to his
eligibility is that he was at the date of his
| election a United States Shipping Commits
sioner, which is alleged to be such an Office
OF trust and profit as to disqualify him from
acting as Elector, but which Office, it is
asserted by the Republicans, he resigned
before the election.
The Commission, by their decision to-day,
will have before them in the Florida case
three sets of papers, namely:
First-The certificate of the Hayes Elec-
tors.
Second-That of the Tilden Electors.
Third-The paper containing the record
of the Circuit Court of Florida on the quo
avarrunto, and subsequent action of the Leg
islature of that State.
After the meeting of the Court on the
morning of February Sth, Justice Clifford
stated that proceedings were now in order.
Under the orders adopted by the Com
mission, yesterday, Mr.. Green, of counsel on
the Democratic side, called on a witness,
| George P. Roe, of Florida, who resides in
| Tallahassee, and is Attorney-Generalo of the
State.
Q. Were you present when the writ of
quo aCdTTGnt0 was served?
Mr.. Evarts objected to the question as not
within the order of the Court.
Mr.. Green said they proposed to fix the
date of the quo qUdrra,ato proceedings, as
they did not consider the order of the Com
mission excluded that question.
The question was then put to the Court,
and the objection of Mr.. Eyarts sustained.
Mr.. T. c. Humphreys having been identi-
fed, Counsel Green presented the COM
mission of Humphreys and the certificate
from the Clerk of the Court in which the
commission was filed, that no resignation
had been filed up to January "a, 1877. Mr..
Humphreys was called, on the Republican
side, and examined by Mr.. StoughtoD.
, He testified he resigned the Office of United
, States Commissioner, and his resignation
was accepted October 5, by Judge Wood
:, from whom the Office came. Witness pro
duced written acceptance to his resigna
: ton. Mr.. Merrick objected to the pro
: duction of the paper, as it was an act of an
: individual, and not the act of Court.
To Stoughton---The paper was received
from Judge Wood in answer to his resigna
ton, saying that it was accepted
and that he Judge Woods c1ult l
: Court, the duties would be discharged by tn,
= Collector of the port. The Introduction o
/. q letter from Hiram Potter, J, Collector o
s Customs, dated October 5, 1876, asking wit
s ness to turn over the books and papers o
e his Office was objected to by Mr.. Merrick
. Witness stated he did turn over the offic
= and had not exercised the functions of tn
e Office since.
:, Speeches were then made by Judge Hoadl,
i and Ashbel Green for the Tilden side
g Judge Hoadly contended that the tender o
/ his resignation to the Judge in Ohio, an
Y the acceptance of the same by the Judge il
l. Ohio, was not. an act of the Court of Flor
y ida, and that, therefore the resignation o
Humphreys had not been legally accepted
e and that he was, consequently, at this time
y holding an Office of profit and trnst unde
Il the United States, and, therefore, was incl
e gible as an Elector.
n The Electoral Commission were in session
e on February 9th, from ten in the mornin
n till half past ten in the evening. Almos
d the entire time, until nearly the close of th
d session, was occupied with debate, i
;e which every one of the fifteen members G
d the Commission, by turns, participated
d Two or three of the Justices and several c
d the Senatorial members read elaborately
e, prepared, opinions on the main points
Is issue, and the discussion is understood I
D. have been from its commencement to il
h close of extraordinary power and ability
ID resolution declaring the Electors name
IS in certificate No. (the Democratic) al
Ii pointed, was rejected by vote of to 8.
n Mr.. Garfield offered the following, whic
as was adopted:
.. Humphreys, Charles w. Pierce, VIM. H. Holde
II and Thomas W. Long, were duly appointed Electo
re Florida, and that the votes cast by theaforesa
four persons the votes provided for by the Co
n stitution of the United States.
The vote in detail on the adoption of tn
q. resolution was as follows: Yeas-Bradle
IN Ednlunds, Frelinghuysen, Garfield, Hoa
m. Miller, Morton, and Strong, s; nays-Abbot
ic Bayard, Clifford, Field, Hunton, Payne, al
es Thurman, Z.
e. munds, Bradley, and Miller were a
la. Commission, with brief stat
IT ment of reasons therefor, to
signed by members agreeing therein, and
ia. be transmitted to the joint session of ty
o. Houses, as required by the Electoral Act.
n The following are points of the formal
Ir cision by the Court:
it, First. The Commission, exercising Il
,rt powers of both Houses under law, al
th having examined all the certificates al
he papers referred to them, find that they ha
of no authority to hear evidence alie,,di,
he in other words to hear evidence outside
he the certificate of the Governor of the Sta
nc of Florida, founded upon the determinati
of of the Canvassing Board of the State as to
nd vote.
he Second. The Commission could not CO
mt slider as evidence any act of the Legislatu
nd or courts in determining whom the Sta
I'd. had appointed as Electors after the day sa
ed electors gave their vote.
m. Third. Iu regard to the alleged ineli
ss. bility of F. C. Humphreys there was 4
in sufficient proof that he held the Office on t
~. 7th of November.
nd Battle sCith GheUennes.
OF A St. Paul dispatch, Official, receiv
IN IN at the military headquarters in Chicag
nS od says the following has been received '
{" Boseman and Helena:
mt HEADQUARTERS COMMAND ON YELLOWSTONE
io' January 20.
7as have the honor to report this commal
OF fought the hostile tribes of the Cheyen
of and Ogallalla Sioux under Crazy Horse
'he skirmisHes, on the first, third, and seven