New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-03
A REVIEW OF THE DAY.
THE COMMISSION AT WORK.


GBY TELEGRAPH To THE TRIBUSEl
WASHINGTON Feb 2.-The Florida case was
opened to-day with four hours of argument from the
directors to the conflicting sets of returns The DEM
Ocrats had the floor first, Mr.. Field speaking hour
and quarter and Mr.. Tucker filling up the rest of
the two hours allowed Mr. Field spoke in rather
quiet, argumentative manner until the close, when
he worked up fine show Of Indignation over the
frauds in Florida and he wantedthe bronze Goddess
Of Liberty to spring off the dome of the Capitol
with horror at the spectacle Holding up the
Hayes returns by the corner of one of
the sheets AS though they were some polluted thing
that he dreaded to touch, he cast them down on
the table with look of loathing saying they were
black with fraud. In his argument he rested the
whole case upon the returns from Baker County, and
proposed that the Commission should examine into
the facts concerning the throwing out of the pre-
cincts there. Mr.. Tucker interlarded his speech
literally with strong metaphors and with denuncia-
tions Of fraud and corruption. He made one fOrcbe
point, however, when he argued that the Judiciary
of Florida and its Legislature part of the legal
machinery for determining the result of elections,
and that their action must therefore be taken INTO
account.
The two speeches for the Republicans were made
by Mr.. KassOn and Mr.. McCrary. Iowa thus bearing
the whole brunt of the first assault OH the Hayes
column. Mr. KassOn said that the arguments of the
Democrats raised three questions First, is the Com
mission general canvassing board to recanvass tho
vote of Foridar Second, is it a national court of
appeal from the Board of State Canvassersf Third,
is it judicial court Of appeal from the State courts
of Florida in quo rdrTdntO proceedings The Demo-
Gratis had assumed an affirmative answer to all these
questions Mr.. Kasson maintained that the Com
mission had no power to inquire how the
not
popular votes but electoral votes that Congress
has power TO count; if it should be held however,
that the Commission could investigate the county
canvasses and the voting in the precincts, he would
be prepared to prove frauds in the interest of the
Tilden electors Of the gTossest description. He
hastily ran over a number of counties which could
be brought IN offset the single selected by Mr.
Field Mr. McCrary followed up the argument
against the power of Congress to go behind the re-
turns and paid good deal of attention to the law
of quo udrdnio; citing authorities TO Show that the
proceedings writ of that description 90 not III
validate the acts of public officer done before the
case is determined Both he and Mr.. kaSson at
tended TO the post facto performances OF tho
present Governor and Legislature in seeking to make
retroactng certificates that would validate the votes
of the Tillen electors.
At the close of the arguments the Commission put
its feet into deep water the vital question OF evil
dence. To decide what is competent evidence Is
practically decide the most essential point In the
whole dispute-namely, whether the Commission
can 20 back of the returns to look into the action OF
STATE authorities and election officers. Justice Cliff
ford asked the Democratic counsel when they
wanted to offer evidence. adding that he did not
mean to decide by his question whether the Com
mission would receive evidence. Mr.. Merrck re-
nlied that his side would like to offer such
~ they had ready before the arguments OF
counsel Mr. Eyarts, for the Republicans, sald
they had none to offer unless 1t should be decided
that evidence will be admitted. After short col
lon,y between the commissioners, an adjournment
was ordered until tomorrow morning. 1t is pialn
that the Commission cannot proiably go "a step
further until it marks out the boundaries OF us
mower Counsel are CROPPING in the dark as long ~
these boundaries are wholly matter OF speculation
II the Commission cannot 90 back OF the rcturhs'
then the issue is reduced to very narrow compass
and all the allegations of fraudulent VOTING, ''o-
ence intimidation, alteration OF returns, ana I'LL
nroper rejection of precincts counties are wholly
irrelevant.
locker on at the meeting to-day must have been
struck with the thought that ours is very elastic
system of government, lendng.itself with WONDERFUL
readiness to new adaptations and sudden changes
Here ia new wheel put INTO an ola hiachihc
never intended for its reception, and yer cosS anu
pinions seem to liz perfectly, and the machine runs
smoothly on without jar or friction. Inc Comhls-
sion takes up the novel task OF making lieS'-
dent us quietly as if 1t were an every -u's
affair. At the appointed hour the members VI
the Tribunal drop into their places, the lawyers ar
range their books and papers, and the proceeding Ne
Gins: There is nothing novel, demonstrative, OF
- nnat mig
strange outgrowth of political excitement and
Threatened revolution was as firmly rooted III the
foundation of the Government as the supreme
Court itself
The ARRANGEMENT Of the courtroom mas peeh
changed since the trst meeting OF tie COMMISSION
Il WAS found announcement for the commissioners 10
sit around a table and listen to the argu-
ments of counsel, for whatever POSITION "
speaker might take upon the ho"r "'
would be talking to the backs OF some OF HIS s'c
ers. The bench has, therefore, been arranged lot
the chairs of the Commissioners, ana 10 ihahe Iooni
for all of them il has been heightened by an Il at
each end Justice Clifford sits i'll the center hahkeu
by the other four Justices and the room Is arrHeeu
a. described in today's TRIBUNE. without the oar
the comfortable sofas provided for vsitois 10 ,he
Supreme Court are assigned to The genera puonc'
admitted on cards procured from the Marsha Vi 'hc
Commission.
There was no crowd this morning the session
lasting nearly an hour before all the s'a'S were
filed. Tile old gallery that has been tenantless and
dusty for 20 vears. the place where were reported
the specches of Webster, Clay, and Calhoun when
the room was the Senate Chamber, has been htted
I'D for the newspaper correspondents 1t was only
comfortably filed to-day. People seem to have
settled down upon the belief that the proceedings OF
the Commission are going to be dry and tedious Ike
o Chancery suit. with dramatic incidents to re-