Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-02-05
THE COMMISSION.
The Course of The Proceedings
Discussion ON The Admission of Test.
mOny

WAsu>GToN, Februaiy3. All tue member.
o! tae electoral commission were present when
Justice Clifford called them 10 order.
Clifford said under the third rule counsel nav
present the evidence they proposed to offer on any
condition., and that evidence could not be received
commission.
After discussion as TO the mode of procedure
OConor briefly addressed the commission urging
that evidence be admitted, subject to the question
OF ats relevancy and the effect, to be considered
with the whole case.
lie then submitted his pronositions If vidence
First that both Tilden and HAYES electors met on
the oth OF december, and each cast votes and
forwarded the same to the seat Of the Government
WIN exception that the Hayes electors were certi-
ued by the governor, and the Tilden electors were
ceftheu bt the attorney general; second, the pro-
ceedng under the writ quo warranto: third. to
show the common law Of Florida and the con-
strucion OF the statutes of that state as shown in
The oustng Of Stearns; fourth the legislation OF
Florida since Dec. 9th, ordering a new canvass
OF the result of the canvass; fifth, that the HAYES
electors rejected certain returns from counties
named; and that Humphreys was an officer under
the Cnlted States.
Judge Black was about to argue in support OF
tne adnlsslbity OF the evidence, when Justice
clifford remi nded him that unless either side OBJ
Jectod there was no occasion to argue it, and sup-
gested that he yield to Eyarts to prevent misund-
erstanding.
Black said there was misunderstanding now
lie did not understand the case.
ENarts then proceeded to address the commits
son. but was soon stopped on the ground that he
was arguing on 4 he admssbty Of evidence be-
fore it was offered.
Another discussion as to the mode of procedure
arose.
Evarts then spoke in opposition to the introduc.
tom OF evidence, mainly on the ground that if ad-
united 1t would be necessary TO 20 to the funda-
mental facts IN the election.
BACK argued that much evidence was already
before the commission.
Justice Miller submitted a motion that copnseI
on the other side be allowed two hours TO discnss
the questions raised by Evatts a. TO whether any
matter shall be considered except what was laid
before the two houses by the president of the
senate.
Thurman proposed the discussion should include
what evidence might be admitted, and also what
evidence was now before the commission
Miller modified his motion as suggested by
thurman, and il was adopted, and at the request
OF Eyarts an additional hour was given to either
argument.
The commission at twelve took recess for half
an hour.
On Resembling it was arranged that one coun-
sci OF each side should be heard to-day, and one
on either side Monday and it was further agreed
that three counsel might be heard, but not to ex-
tend the time.
1t was announced that Judge Black would make
some general remarks and Mr.. Merrick would
make the regular opening.
MIR. o. onor will make the reply to the other
side and the close of the debate on Monday.
Mr.. Menlck then proceeded to the opening, go.
ing to the first question of the power of the com
mission as to the regularity Of the evidence now
before the commission
After the argument Of Mr.. Black on the demo.
cratic side, Stanley Matthews made lengthy ar
gument for the republican side.
MIR. Stoughton argued at great length to show
that the acts of the returning board and the Ger.
thcate of the governor of Florida (Stearns) could
not be brought in question, and held that the ap-
pllcation to introduce testimony should be over.
ruled.
Adjourned till Monday morning.