Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-02-17
The Commission.
THE LOUISIANA CASE
DECIDED.
Hayes and Wheel Il Win
the Vote !!


commission went into private session at eleven
o'clock 10 consider the question to whether on t.
side evidence should be received in the Louisiana
case. Nothing Is known as to to - '1~s
except that an earnest discus GA = .r.. 90. T., a.
the question, among the congressional members,
and up to noon the justices were simply listeners
vote IS to be taken at four o'clock.
The impression Is that the commission will
either refuse to receive evidence outside OF the
certificates, or, if any is received will limit it TO
one or two points. The republicans are very con-
hdent that the commission will not go behind the
action Of the state authorities, except so far as to
ascertain that they were the rightful officers.
If the decision is as the republicans expect then
probably evidence will be received tomorrow As
to the two alleged Ineligible Hayes electors, and
arguments had on this point and the general ques-
ton, so that the commission will be able to settle
the vote OF Louisiana either tomorrow night or
Monday.
7. VI. The commission has been in session
since eleven o'clock, considering whether any evil
dence outside OF the certificates shall be received
in the Louisiana case. Il is understood all the
members OF the commission have given the ir
views, but their purpon is not known
L. NJ. The commission is still in private scs-
SIGN. 1t is understood several votes on Incidental
points have been taken, but that the vote GU the
main question has not been reached
Later.-Ihe commission have decided that no
evidence can be received in the Louisiana case e1-
cept the electoral certificates. The vote was s
against 7.
The commission have now sent for counsel, and
upon their arrival will open the doors.
When the doors were opened the secretary of
commission read the various votes that had been
taken, and il appeared that the number of pro-
positions for the admission Of various kinds of ev-
idence had been successfully rejected by uni
form vote of eight to seven, the total effect of
them being that no evidence whatever shall be
received except the electoral certificates.
Commissioner Payne moved that one hours
time be allowed the counsel on each side for fur
ther argument, but the counsel of both parties in
dicated no desire to occupy any further time, and
the com mission thereupon went into secret scs-
sion with view 10 reaching final decision of
the whole case this evening.
From II until o'clock this afternoon there
was large crowd in front Of the Supreme Court
doors, the number gradually increasing to more
than five hundred. Members of Congress occa-
sionally mixed with the throng awaiting mpa-
tently the opening of the court room, which did
not take place till an hour later than that heIeaf-
ter announced.
During all the afternoon rumors prevailed
about the capitol as to the decision Of the Com
mission and the State vote. These reports were
contradictory as to be confusing, and therefore
did not gain credsnce. There was much conse-
quent excitement. Everybody supposed to have
opportunities for acquiring info nation as to the
proceedings was surrounded and Intercepted.
At O'Clock the counsel were sent for. They
had been awaiting the summons IN the private
room of the Supreme Court, and when advised
that the Commission were prepared to receive
them they entered the court in a body. Some
time escaped before the doors were openei to the
members of Congress and those who had tickets Of
admission, and when they were opened Il frantic
IRISH was made for the interior which was soon
uncomiortaby filled.
The following are the resolutions acted upon by
the Commission in their secret session, and after
wards reported to counsel:
MIR. Hoar submitted the follow ing
Ordered, That the evidence be not received.
Mr.. Abbott offered the following substitute
Resolved, That evidence be received to show
that so much of the act of Louisiana establishing
the returning board for that State is uuconsttu-
tionsl, aud the acts OF said returning board are
void.
This was rejected. Yea,-Abbot, BA,ad, Clif
ford, Field, Hunton, Payne, Thufman-7. Neys
bradley, Edmunds, Frelinghuysen, Garfield,
Hoar, Miller. Morton, Srong-s.
Mr.. Abbot offered another substitute as fol-
lows
Resolved, That evidence will be received TO
show that the returning board of Louisiana at the
time of canvassing and compiling the vote of that
state, at the last election in that state, was not
legally constituted under the law establishing it,
in this, that it was composed of four persons Of
pc litical party, instead of five rersors of diff
ferent parties.
This wa. rejected by the same vote.
Mr.. Abbott then offered third, fourth and fifth
substitutes, which were all rejected by the same
vote.
Mr. Hunton offered sixth substitute. Reject
ed by same vote.
A seventh substitute was of, red by Mr. Bay
ard, and rejected by the same vote.
Justice Field Offered the eighth and last sui
stitute:
Resolved, That in the opinion of the commits
S ion, evidence is admissible upon the several mat
tiers which the counsel for the ohiectors to Nos.
aud offered to prove.
a1. ,.io oil ~,
the question on the original order was taken, and
it was adopted by the following vote:
Yess-Brsd'ey, Edmuuds, Frelinghuysen, Gar
field, Hoar, Miller, Morton, strong-S.
Nays-Abbott, Bayard, Clifford, Field, llunton,
PAYNE, Thurmsn-1.
After the conclusion had been reached by the
commission, counsel were admitted, and the above
resolutions read by the secretary.
As as the final vote had been taken jas
tice Field moved that the injunction Of secrecy
be removed fiom the proceedings of the commits
sion. 1t was unanimously adopted.
After some discussion on the question of allow
ing counsel time, Mr.. Hear moved that the com
mission go into secret session for the purpose CT
consultation of the main question.
This was adopted and the crowd we've directed
to leave the room.
The electoral commission in secret session this
evening adopted the following resolution submit
ted by Mr.. Morton
Resolved, That the persons named as electors
IN ctruhcate NO. l, were the lawful electors OF the
state of Louisiana and that their votes are the
votes provided by the constitution of the United
States, and should be counted for president and
vice president.
Yeas-Biadley, Edmunds, Frclinghuysen, Gar
field, lloar, Miller, Morton, Strong-S.
Nays-Abbott Bay ard, Clifford, Field, lIunton,
PAYNE, Thurman.
A report embodying this decision, with a brief
statement of the reasons therefor was drafted and
signed by the members of the commission voting
for the resolution, and will be transmitted TO the
joint session of the two houses to morrow morn
ing, as required by the electoral act.
The commission remained in session until nine
o'clock, when on the motion of Mr. Edmunds, an
adjournment to four o'clock tomorrow afternoon
was ordered.