The daily gazette., 1877-02-09
THIRD EDITION!
The Florida Case.

GASES OF THE DEMOCRACY
IMPREGNABLEAND ITS COUN-
Sci SAN GUINE.
From the Phila. Times.
All investigation, however, severe to
Increase the strength of the Louisiana
ineligibility cases. If Levisee's vote is
counted it will be in defince of notorious
facts rendering him ineligible. Judge
Trumbull and Matt Carpenter are hard at
work on the Louisiana matter. They lay
great stress upon the unconstitutionality
of the Returning-Boar law. The claim
which Carpenter says can be fully estab-
lished is that the Returning Board had
no righ to canvass the returns of Presi-
dental election that the board was illegal
ly constituted, and that the canvass was
in many respects conducted lin violation
Of law Carpenter says Louisiana will elect
Tilden beyond any doubt. 1t is expected
the Florida case will be decided to-mor-
row, the result be announced to Congress
on Saturday and the count resumed on
Monday.
The argument was opened by Judge
Hoadly, holding that in the event of the
election Of an ineligible individual the
election was void. Mr.. Shellabarger fol-
lowed on the other side, alluding, howev-
er, to the quo warTanto proceedings,
which he alleged were not before the COM
nilsson, being only alluded to in the GER
tificate of Gov. Drew, and indicating
very clearly the ground of the republican
side that all that was done by the courts.
Legislature and Governor of Florida after
the 9th of December, the day of casting
the electoral votes, was nulity. Mr..
Evarts argued to the same effect.
Argument in the case was closed by
Mr.. Merrick, in opposition to the eligibil-
ity of Humphreys. In making it he was
subjected to running fire of questions
that interrupted but did not break the
thread of his argument, and, on the whole
seemed to strengthen his points. The
commission will reassemble this morning
and it is expected that it will reach de-
cision during the day. What that decis-
ion will be no one can tell. 1t is surmis-
ed that the original acts of the returning
board will be sustained, but that probab-
ly the commission will decide that Hum
phreys was ineligible as an elector. The
decision, when reached, will go to the two
houses in convention for final action.
WHY THE FLORIDA CASE WAS PREsE N
TED.
WASHINGTON, February SIN con-
versation tonight one of the eminent
counsel for the Democratic party said he
and his associates had hesitated about
making the point as to the ineligibility Of
Humphreys, because, on the facts, it was
so much weaker than three or four cases
of the same kind, which are in reserve
and to which have alluded in a former
dispatch, but they made it in defence to
some leading Democratic lawyers, and it
was ably argued by Judge Hoadley. of
Cincinnati, who has made the question
subject of special study. The counsel re-
gard the Oregon and Louisiana cases OF
ineligible electors as impregnable, and
believe the commission is now committed
to the psinciple they will advance when
these are considered. They are not at all
| apprehensive about the election of Tilden
and they only fear for Hendricks, as the
mo- st they dread is failure to elect by
the people because of the throwing out of
one or more votes by ineligible electors,
in which event the House of Representa-
tives will choose the President.
From the N, Y. World.
| WASHINGTON, February o.-The Pro-
visional Tribunal closed a continuous
session of six hours to-day by adjourning
to meet tomorrow morning at 10 O'Clock
Argument upon the main issue in the
Florida case was heard and completed to-
day. At the close of the session the Re-
pubicans proposed recess and another
session to. day, doubtless for immediate
decision. The Democrats voted for the
adjournment, and, with Judge Bradley's
help, carried amajority of thecommission.
The occurrence is regarded as significant,
and blythe Democrats hopeful. Speeches
were made to day in behalf of the objec-
tors to theHayes electors byJudge Head
ley, Judge Ashbel Green and Richard T.
Merrick; in behalf of the objectors to the
Tilden electors by Sam S. Shellabarger
and VIM. M. Evarts. 1t is tonight the
current impression that a decision will
be reached tomorrow, in season to hold
the Joint convention of the two houses
open the decision of the commission and
proceed down the list to the next State to
which objection is made.