The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1877-02-15
THE NATIONAL CAPITAL.
DECIDED AT LAST.

Z L
DECIDED AT LAST.
s,.elaLl TO As LeavsHioOrfB T5Eles,l
WASHINGTON, D. c., February The
Electoral Commission, by vote of 8
.painst 4, have decided that no evidence
can be admitted or considered by them in
the Florida case except the various elec-
toral certificates, and such evidence as
shall be submitted on the question OF
TIE IsELIGEIIITY OF HUMPHREY,
as Presidential Elecior The vote Of the
Commission stood, in favor Of the
decision, Justices Strong, Miller and Brad
lev, Senators Elmnnds, Morton and re
linghuysen, and Representatives carried
and Hoar, against Justices Clifford and
Field. Senators Thurman and Bayar and
Representatives Payne. Hunton and Alb
bot.
TIE COMMISSION ADJOURNED
until IL O'Clock tomorrow, when the pro-
ceedings will be In public.
THE ELECTORAL COMMISSION.
The electoral commission commenced its
session to-day at 10 o'clock q. M, and COZ
tinued until o'clock p. N. A large crowd
Of interested persons was in front Of The
doors OF the courtroom, expressing great
anxiety to learn the result Of the deil0ers-
tions. As members OF the commission came
into the lobby on their way out Of the
capital, they were eagerly surrounded by
their personal friends and Intercepted.
THE INJUNCTION or SECRECY
had been removed, and there was no objec-
IL 4 -.
following is the minute Of the official re-
cord OF the commission
On motion Of Justice Miller it was or
dered that no evidence he received or con-
siderei by the commission which Was not
submitted 10 the Joint convention Of the
two houses by the president Of the senate
with different certificates, except such as
relates to the ineiigibiIit; OF T. Humphrey,
one Of the electors. The vote was as iol-
lows:
Yeas-Bradley, Edmunds, Frelinghuysen,
Garfield, iio.r, Morton and Strong; s.
Nays-Abbot BayaTd, CiIfiJrd, Field, I
Hunton, Payne aud Thurman Z.
Ga motion OF Mr.. ABBOTT il was
Resolved, That 10 the case of Florida |
this commission will receive evidence re-
latiDg 10 the eligibility OF Fred C. Hum |
phreys, one OF the persons named IN certifi- |
cate No. as elector.
Yeas-hbbot, Bayard, Bradley, Clifford. |
Field, HunioB, Payne and Thurman;S.
Nays-Edmunds, EreIinghuyzen, Gar
field, Hosr, Miller, Morton and Strong, :.
The secretary of tue committee was in
struc,ed 10 inform the counsel on the re-
spective sides that al l o'clock tomorrow
it will be prepared to near the argument
on the question Of the eligibility Of Fred.
&. Humphreys, as an eiector.
Humphreys is one Of the Republican
electors, and the question raised % TO his
eligibility is that he was, at the date of his
election, United States shipping commits
sioner, which Is alleged 10 be such an Office
OF trust or profit as TO disqualiiy him from
acting as an elector, but which Office, it il
asserted by the Republicans, he resigned
before the election.
THE THREE RETURNS.
The commission, By their decision to-
day, will have before them in the Florida
case three sets Of papers, namely: First,
the certificate Of tie Hayes electors: sec
ondly, that OF the Tiiden electors. and.
thirdly, the paper containing the record Of
the circuit court nf Florida on ga0 trryrGE,o
and the subsequent action Of the legislature
Of that State.
The Republicans express Themselves graf
flied with the dec sion OF the commission,
while the Democrats are somewhat di.cour-
aged by it. The former claim that no con-
sequence will be attached 10 the quo 1rcr-
raaso proceedings Of the circuit court of
Florida, 2s they are nov under an
appeal to the supreme court Of that
state, and therefore not final. It seems 10 ,
he the prevalent belief that the ultimate ,
decision will be in favor Of Hayes and ,
Wheeler Florida electors, and that The
course in this case viii be pursued with re-
gard to Louisiana, where there are two
alleged ineligible electors and more than
one return. A prominent Democrat Of the
commission said this afternoon that the
meaning of the vote OF the commission Is
that the ministerial acts Of state executive
officers are TO be respected, but not those ,
OF the Judiciary. He added, however, that
as the Democratic certificates em5Odv the
proceedings OF the court, they viii, bv
this decision, lie fully opened up 8
for consideration and argument. The
Democrats also find some satisfaction in z
the fact that the rule established by the !
commission, will lead TO ascer;ainment that :
Watts, the Republican elector in Oregon. :
was ineligible at the time OF his cleo /
ton, and hence only two Republican cleo q
tors from that state can be counted, Cronin, +,
DEMOCRAT, being the third elactor On this {
superstition they think the Democrats still I
have chance for the Presidency, and that h
the election may be thrown into the House. y
where Tilden would be elected, and that il
such an event the choice of Wheeler as
Nice-Presidept would deyolye on the senate. I
The decision OF the commission Is discussed L
at the hotels and in private political circles a
to night. all conceaing tina; the Republicans L
seemingly have the advantage. The Dem Q
ocrats express their regret that the parties Al
were so strictly divided on the subject.
THE COMMISSION. 1
WASHINGTON, d. C., February S-The Il
reassembled in open session at 4
10 O'Clock to-day. The counsel OF both |,
sides was present, except Judge Black. ii
Justice Clifford stated that the proceed !,
ings were now in order under orders adopted T
by the commission yesterday. (,
Mr.. Green, of the counsel on the Demo- ;,
cratic side, called as a witness, Geo 7. m
Zoe, OF Florida, who resides in Tallahassee. ;,
and is the attorney of the state. ii
q. Were you present when the writ OF q
quo ,udTTGnto was served? ..
Mr.. Eyarts objected to the question as a,
not within the order of the court
The court sustained Mr.. Evarts obiec-
ten.
+. c. Humphreys having been identified. h
Green presented the commission of n
and the certificate from the re
clerk of the court in which the commission q
was filed, ard that no resignation had been l
lied up TO January "a, 1871. n
HUMPHREYS WAS CALLED -
IN the Republican side, and examined by 4,
>toughton. He testified that he resigned g,
ais Office of U. S. Commissioner, and his W
resignation was accepted October 9th. by =,
Judge Ward, from whom the Office came W
Witness produced the written acceptance of n
lis resignation. ar
Mr.. Merrick objected to the production m
u the paper, as 1t was an act of an in6iyiG-
ial, and not an act OF the court. The pa ar
'er was received from Judge Wood in an nj
wer to his resignation, was accepted, and IN
hat until he .(Judge Wood could come 10 h;
'eusaoola and hold court, the duties would NJ
'e discharged by the collector. r.
The introduction of the letter from 81,
tlram Potter, Jr, collector of customs. dat n,
d October 9th, 1876, asking the witness to 10
urn over the books and papers of his ofFos 50
vas objected to by Mr.. Merrick. II
The witness stated that he did turn oyer ";
he office, and had not exercised the fune- .r
ions of the Office since. 80
cRossE-XAGINATroN ia
y Mr.. Green-The letter WAS addressed TO
4