Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1877-02-16
The Close of the Florida Case.

The Electoral Commission yesterday
heard final argument on the Florida case,
having first admitted a small amount of
testimony with reference to the eligibil.
ity of Humphreys, of the Hayes elect
ors. On the latter point the Democratic
case was very weak. 1t was proved that
Humphreys sent to the Judge of the Cir
cult Court of the United States by whom
he was appointed letter of resignation
as early as the oath of September, and
the Judges formal acceptance of the
resignation was produced before the
commission, dated the I'd of October
This left the Democrats no substantial
ground to stand on, and drove them to
the very weak pretension that the resig-
nation of Humphreys was of no effect
because 1t had not been addressed to and
accepted by the Circuit Court in formal
session. This beautiful specimen of
technical pleading was rather contemptu-
ously treated by the Republican counsel,
and makes one wonder why the Hum
phreys matter was introduced at all.
Apparently, it has served no purpose ex-
cept to allow one Hoadley, of Ohio, to
bore the commission with very tedious
argument.
The argument on the merits of the
case was substantially summing up and
representation of the arguments made
on the question of receiving the evidence.
On the part of the Democrats, there was
an air of depression and indecision, an
effect, undoubtedly, Of their interpreta.
tion of the first decision of the commits
sion. Neither Mr.. O'Conor nor Mr.
Black took any part in the argument,
which was left, so far as general princi-
Piles were concerned, to Mr.. Merrick.
That gentleman made no effort to show
that the certificate of the Hayes electors
lacked any of the evidences of genuine
ness required by State or Federal law.
He confined himself to maintaining the
power of State to review the action of
those electors, to ascertain by judicial
Investigation whether they were its really
appointed electors, and to provide by
legislation for certifying the facts thus
ascertained to the Federal authorities.
Previous to this argument, curious
indication was given of the hope
lessness of the Democrats with refer
ence to their case on its merits, as con
tanned in the papers submitted to the
SOhihliSeiOu py INC INO HOuStS. Il Hc I6-
Gently elected Attorney General of Flor.
ida was called to the stand and asked at
what hour the writ of quo UarrGRtO was
served on the Hayes electors. Mr.. Green,
the New Jersey lawyer who has won a
slight fame in this case by voluminous
brief which has been complimented by
all the lawyers, remarked to the commits
sion that
1t Was not apprehended by himself and his
associates that the order made by the COM
mission excluded in its spirit the considera.
tion of the quo 1arrdntO proceedings, aud by
the present witness he merely desired to fix
the exact time the quo Odrrdnto was served.
Mr.. Green, in frankness, should have
said that by the witness he meant to get
the decision Of Wednesday suspended,
and to surprise the commission into
going behind and outside of the certiii
Gates. 1t is hardly necessary to say that
he failed. Mr.. Green has not yet seen
the day when he could catch Mr., Evarts
mapping, aud that gentleman, promptly
sent the latest Democratic |
trick to the limbo Of exploded devices.
The replies of Mr.. Evarts and Mr.
Shellabarger to the general arguments of !