The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1877-02-08
Messrs. O'Conor and Evarts before the Joint
Commission.

Mr.. Evarts made an extended argu-
ment before the electoral cemmissi on
OH the 5th, a report OF which came
over the wires, but in such very bad
shape that but few of its points could
be given intelligi5ly. He began by
combating the theory of the Demo-
cratic counsel that the commission
ought to receive evidence other than
that which had been laid before the
two houses of Congress by the presid-
ing officer of the Senate, which had
been referred to the electoral commits
sion; whether the evidence before
either of the two houses is transmits
sable, and may be laid before the COM
mission, is question subordinate to
that of whether any could be read.
He charged that the Democrats want
ed to introduce extraneous evidence
to show every step taken in the cleo
ton, but not to prove that Governor
Stearns' action was not based GU the
returns as received by him from the
regular count of the returning board.
That the certificate Of Governor
Stearns was in accordance with the
act of 1892 was not questioned, nor
was it proposed on the other side to
show that the facts certified to did not
exist by any extraneous evidence. 1t
was further proposed to introduce
evidence to show that Humphreys,
one of the Hayes electors, was a Unit
ed States officer. This was surprise
for it was a matter of discussion at
the meeting of the canvassing board
of Florida, and he read the testimony
of Humphreys that he had resigned
ten DAYS before the election, his rcsig-
nation had been accepted and the du-
ties of the Office discharged by the col
lector of the Port of Pensacola.
Mr.. Evarts then maintained that
there was no law of Congress which
provided for taking proof of any act
of electors, and that there was no 9TH
er process of counting the vote except
that provided under the constitution
by going behind the returns, as sug-
ges,ed III the case of Florida. He
maintained that Congress would be
exercising plenary judicial powers
which the constitution of the United
States does not confer upon that body;
such only rested in the supreme court
and Congress could not delegate any
judicial power to any of its members
or to any one .else, unless especially
warranted by the constitution. He
said the proposition to interpose judi
cial inquiry into purely political
proceeding was novel one. He made
the point that the fathers of the con-
stitution in 1900 incorporated into the
law the principle that the Federal
Government had no right to set aside
the action of the State in regard to
electors.
The above seems to be the main
points of the argument. Mr.. O'Conor
followed Mr.. Evarts, but as only
portion of his speech had reached
here, little can be said about it, other
than that he maintained that the COM
sion has the right to make full in
quiry into the facts of the Florida
election. He also declared that the
Tilden electors had the best legal
right to be recognized, and insisted
that the commission receive as evil
dence the testimony taken by the Con-
gressional committees.
After the argument closed, and
some citations of law points by coun-
sci of both sides, the presiding justice
announced that the commission
would take q recess. and that no other
matter would be taken up to-day in
public session.
After recess the commission re-
NAMED in secret session about twenty
minutes, and after authorizing the an
nouncement to be made that there
would be no public session to-mor-
row, the commission adjourned to
meet at noon tomorrow for consul