The daily Argus. (Rock Island, Ill.) 1873-1877, 1877-02-03
TELEGRAP!E1H:].IC. ]: ].
Photographed to the Rock Island Arqus.l
THE ELECTORAL COUNT !

WASHINGTON, D. c., February B.
Judge Clifford said, under the third rule
counsel should present the evidence they
proposed to offer in close, condensed and
classified form, of course based upon the
condition that the evidence would be re-
ceived. The proposition whether evidence
sho1ld be received has not been decided,
but counsel would act as if evidence
would be admitted until the commission
decided otherwise.
After some discussion as to the
mode OF procedure, Mr.. O'Connor ad-
dressed the commission urging that evi-
dence should be admitted, subject to the
questions of its relevancy and effect to be
considered with the whole case. He then
submitted his propositions OF evidence as
follows
First, That both the Tilden and the
Hayes electors met on the 9th of Decem-
ber and each cast their votes aud forward
ed the same to the seat of government
with the exception that the Hayes electors
were certified by the governor and the
Tilden electors by the attorney general
Second, The proceedings under the writ
of quo WarraDto.
Third. To show the common law OF
Florida and the construction of the statutes
of that state as shown in the ousting OF
Stearns.
Fourth, The proceedings of the legis
lature of Florida since Dec. 9th. ordering a
new canvass and the result of that canvass.
Fifth. That the Hayes electors rejected
certain returns from counties named and
that Humphrey was an officer under the
| United States.
Judge Black was about to argue 10 sup.
port of the admissat ility of the evidence,
when Justice Clifford reminded him that
unlesssthe other side objected there was nc
occasion and suggested that he yield tC
Mr.. Evarts.
Mr., Evarts then began to address the
commission, but was soon stopped on the
ground that he was arguing on the admis
stability Of evidence before offered.
| Another discussion as to the mode o.
procedure took place, ard Mr.. Evarts ther
spoke against the introduction of the cyl
dence. mainly on the ground that if ad
mltted it would be necessary to go tC
fundamental facts in the election
Judge Black argued that most of the
evidence was already before the commits
sion through reports Of congressional
committees now part of the record in th'
case. 1t would be the greatest injustice t.
require the evidence to be taken up piece
meal and subjected to objection in detail.
Justice Miller submitted u motion tha
counsel on either side be allowed hour
to discuss the question raised by Mr.
Evarts as to whether any other matte
shall be considered other than what wal
laid before the two houses by the presl
dent of the senate.
Mr.. Thurman thought the scop
should be enlarged else if the commission
should decide to admit evidence ther
would be no advance. He proposed tina
the discussion should include what cyl
dence might be admitted and also wha
evidence was now before the commission
Judge Miller modified his motion as sug
gested, and it was adopted. At reques
! Of Mr. Evarts an additional hour was givel
/, to either side in order to permit cour
sci to arrange their argument. The com
N issiou then took a recess.
Ga reaSsembliDgit it was arranged that on
; counsel of each side be heard to day an
, one on each side Monday. 1t was furthe
agreed that three counsel of each side
! heard but not to extend the time.
E 1t was announced that Judge Blac
D would make some general remarks, an
7 Judge Merrick would make the reguli
opening, Mr. O'Connor making the rep
to the ether side at the close Of the deba
e on Monday