Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1877-02-14

Counsel were instructed 70 present what thew,
posed to ODER in evidence in . condensed - ~
pending The decision Of the Commission !. to =.
.ide expected to present and M. "n Rl! n.
when when tn. the Presiding Justice asked il =. :.
Republicans, said that he should oh ior the
cidedly, and Mr.. Black continued his areum as-
Justice Miller moved that counsel h.,.
Two hours in which to discuss the aue.t;oe
OF admssibity, and the Commission 90 de~i sISa
tn accordance with this arrangement. Nes..aa'
herrick aud Judge Black spoke for the Demncra,sI
and Messrs- Stanley Matthews and E. ". Stouab'
. .dio lor me Kspaoi'cans The Commission then
cussion would be resumed on the 9Th N-s'
The announcement that Messrs Fra
and o'Conor would make the arguments befo,.
tha Electoral Commission. on the 5th. had Tho :,
fect TO induce very large attendance "
Evarts commenced the argument, presrntinc W.
Republican case. Combining his main effo,, ~. :.
the incompetency OF the tribunal to review ~
preceeaings leading to the issue Of the certiS.
Gates, he cited lnnumerable p ecedents to sns,sir
his view OF the case. His position was basea ~
three claims: First. thai the Commission cam w
under the laws, Constitution and ussges, 90 he
hind the connt: second. that the Governoss Se
,ifcste is not necessarily binding; third tba, an
he conditions having been compiled with in ~
Hayes certificate from Florida, the Commi.snee
had no verifying powers. and must accept III.
act OF the de fdct0 Electors even tbnuch ,b
might not be the de jUre Electors AZ
y Conor took up in detail the points made h,
Mr.. tVaris. and characterized them as an effort ~
proven. the Commission from arriving at The
iacts. lie said 1t was better to endure any anon,
OF inconvenience in the matter rather than IN ffr
the fraud to sand. Coming down to a generoi
consldera lon OF the ats mpt To count HAYES in he
said there could not be man in America wnrthv
the name of American citizen. who wonis
make a claim for the Hayes Electors witbon.
blushng.e either speaker was s. enic or tramat;r
III his speech, and both confined themselves al
most exclusively 10 law points. large nnmha,
OF authorities were cited by both counsel. The
speech making continued until four O'Clock In
The ate noon when the Presiding Justice an
nounced that there would be no public session on
the 9th. and adjourned the Commission to meet
On the following day for private consultation
The Electoral Commission commenced
IT'S session on the Eth at ten a. m. and continued
until four. As the members Of the Commission
came out Of the lobby they were eagerly ques-
toned a. to the result they had reached The in
junction of secrecy being removed, tn, informa-
ton was given that the Commission had O. rided
lot to go behind the certificates. The folosing
rs the official record of the Commiss on: .'On
motion OF Justice Miller, Ordered, That no
evidence will be considered or rec lived by III.
Commission which was not submitted to the
loint Convention Of the two houses by the Presi.
de2t ct the Senate, with the different certificates,
except such as re,stes TO the eligibility Of T. c.
Humphreys. one OF the Electors" This order was
adopted by the following vote: Iess-Bradlev,
Edmnnds. Frelinghuysen, Garfield. Hoar, Miller
Morton and Stfong-S. Nays-Abb tt, Bayard { lif-
ford, Field, Hunton, Payne and Thurman A
prominent Democrat on the Commission said in
conversation after the adjournment, that the
meaning OF the vote was that the ministerial acts
OF State Executive officers to be respected but
not those OF the Judiciary. He added however
that as the Democratic certificates embodied the
proceedings OF the Courts, they would be fully
opened for consideration and argument
The Commission reassembled in open
session at eleven O'Clock on the morning o. the
sth The Presiding Justice announced that pro-
ceedings were in order under the decisions of the
Commission on the previous day. One OF the
Democratic counsel called witness and began 10
question in respect to the quo ,rarranto proceed
counsel, objected TO the question as NOT within
the order OF the Commission. The objection was
sustained The Republicans then called r. c.
Humphreys, the alleged ineligible Elector ter
identification, the Democratic counsel pres ented
Humphreys commission as Shipping Commits
sioner at Pensacola, and certificate Of the Court
That no resignation had been hled up to Jan. "a,
his office and that II was accepted on the 18th Of
October by the Judge who conferred il. He
presented written acceptance. signed by
Judge Wood. He had turned over the
books and papers OF his office, and had
not exercised its functions since. No further
evidence being offered, Justice Clifford snnounced
that the whole case was ready for argument, The
ley, Mr.. Green and Mr.. Merrck for the Demo-
Gratis, and Messrs. Shellabarger and Evarts for
the Republicans, after which the Commission
adjourned.