The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-02-08
The Trtparttte Commission.

me COMMISSION.
The Tripartite Commission assembled
January 81, at noon, in the Supreme Court
Room. Washington, and organized. The
special oath of Office was administered to
Justice Clifford by Mr.. Middleton, Clerk OF
the Court, and Justice Clifford, who, by the
Electoral act, is presiding officer of the Com.
mission, then administered the oath to the
other fourteen members. Jas. 81. McKenny
was then appointed temporary Clerk to the
Commission, and it was ordered that the
proceedings of the Commission, except
those above stated, shall be held coniden-
tai until otherwise ordered. After a brief
session the Commission adjourned until
four o'clock, p. IN.
The Commission, at their adjourned ses-
sion, discussed the subject of rules in re-
gard to hearing of argument, etc., and
adopted the main features of those, which
govern proceedings before the Supreme
Court. Sessions for hearing arguments will
be held In public In the Supreme Court
room.
The duration of oral arguments is limited
to two hours on each side on objections, and
four hours on each side on main points at
issue In each case. Limitation as to the
number OF counsel who will be recognized
as conducting a case is two for each side.
All these limitations may, however. be en-.
larged at the discretion of the Commission,
whenever a majority deem the point in con.
%troversy of sufficient importance to warrant
a more extended argument.
The tripartite commission appointed un.
der the provisions of the Electoral Act, to
hear and decide all matters in dispute affect
ing the vote of the President and Vice.Pres.
ldent, met at three O'Clock, February l, in
the room of the Supreme Court, at the Cap
lt0l. a communicative fran. fha 49,
Houses OF Congress in Joint session was pre-.
sented by Mr.. Gorham, Secretary of the
Sen ate, and read as follows:
HALL OF THE HOUSE OF REPREsENrATIvEs,l
To the President Of The Commission: ""'
More than one return, or paper purportine IN be n
return Or certificate of the electoral vote Of the
State Of Florida. having been received and this day
gress, and objections thereto having been made sad
returns, with all accompanying papers and also OBJ
vided by law. IN pfo-
~lsigned,l +. W. FERRY.
President of the Senate.
A motion to print the certificate. with
papers, at as early an hour as possible. was
laid on the the table, after some debate
The Commission finally, notwithstanding
any important business, adjourned until
next day.
The Commission met at 1850 a. M.
on February. O.. The presiding Justice
said the question had been asked, Yesterday.
What is the case?" to which he had re.
Piled, ut consists of three certificates with
the accompanying papers and objections to
the same" He would now state that two
DIRECTORS on each side would be allowed tn
speak on the opening of the case. Those
representing the objections to mum.
Der n (which was presented
by Mr.. Field) would speak first. and
under the Fourth Rule would be
allowed two hours to state the case. and
argue in support of the objection. :.
Mr.. Field asked whether, after the obiec-
had spoken and the opening argument
was made, any reply would be allowed?
Justice Clifford stated that the rules made
provision for a reply.
Mr.. Field then opened the arpument
as an objector in the case of Florida,
argued in favor of going behind
the face OF the returns, on the ground that
if this couldn'tbe done, American people
would be in the position of standing pow
erless In the face OF a gigantic fraud.
He was followed by Representative Tucker,
another obJector on the same side of the
case, who occupied the morning session.
In the afternoon, Messrs. Kasson and
McCrary responded, and presented the
claims of the Republican Electors to the
The general tenor of their
arguments was in opposition to going be-
hind the face of the returns.
At the close of the arguments, Justice
asked the Democratic counsel when
they wanted TO offer evidence, adding that
he did not mean to decide by his question
the Commission would receive evil
dence. Mr.. Merrick replied that his side
would like to offer such as they had ready
the arguments of counsel. Mr.,
Evarts, for the Republicans, said they had
none to offer, unless it should be decided
that. evidence will be admitted. After a
short colloquy between the Commissioners,
an adjournment wa ordered until to.mor.
row morning.
The Electoral Commission met at 1895
3. m, February 8. Judge Clifford said
under the Third Rule counsel should pre-
sent evidence they proposed to offer in a
close, condensed and classified form, of
course based upon the condition that evil
fence would be received. The proposition
the evidence should be received
las not been decided, but counsel would act
Is if the evidence would be admitted until
he Commission decided.
After some discussion, as to the mode of
procedure, Mr.. O'Conor addressed the Com.
urging the evidence should be ad.
nitted, subject to the question of its rele-
,ancy and effect, to be considered with the
case.
Justice Miller submitted a motion that
counsel on either side be allowed two hours
o discuss the question, as to whether any
natter shall be considered other than
was laid before the two houses BY the
1ice.President. Mr.. Thurman thought that
he scope should be enlarged, else, if the
should decide to admit evi.
lence, there would be no advance made. He
proposed that the discussion should include
evidence might be admitted, and also
that evidence was now before the Com
Judge Miller modiiedhis motion,
$ suggested, and it was adopted.
Mr.. Richard ]. Merrick, of Washington
,ity, opened the debate in a speech Of an
our, advocating the right and duty of the
to go behind the returns, under
nat part of the bill which gives them the
ight and power of Congress in ~canvassing
ne returns.
Judge Black followed on the Democratic
de, and Staley Matthews and E. W. Slough
IN on the Republican side, each occupying
bout three-quarters of an hour.