The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-02-27

OF four persons Of one political party,
instead of five persons OF different par
ties"
Rejected by the same vote.
Mr.. Abbott then offered another sub
stitute:
"Resolued, That the Commission will
receive testimony on the subject of
frauds alleged in specification OF counsel
for objectors to certificates one and
three"
Rejected by the same vote.
Mr.. Abbott then offered fourth sub |
stitute:
"Resolved, That testimony tending to
show that the so called Returning Board
OF Louisiana had no jurisdiction to can
vass votes for Electors for President and
Vice President is admissible
Rejected by the same vote.
Mr.. Abbott offered fifth substitute,
which was rejected by the same vote,
which is as follows:
"ResolUed, That evidence is admissi-
BILE that statements and affi iavits pur-
porting to have been made and forward
ed by said Returning Board, in pursu-
ance of the provisions Of section 26 of
the Election Law of 1872, alleging riot,
tumult, intimidation and violence at or
near certain polls and in certain parish
es, were false and fabricated, and forged
by certain disreputable persons under
the direction and kno Wedge of said Re-
turning Board. That said Returning
Board, knowing said statements and at
flavits to be false aud forged, and that
none of such statements and affidavits
were made in manner or form or within
the time required by law, did knowingly,
wilfully and fraudulently fail and refuse
to canvass or compile more than 10 900
votes cast, as is shown by the Commis-
sioners Of Election"
Mr.. Hunton offered sixth substitute,
as follows:
"Resolued, That evidence be received
to prove that votes cast and given at
said election, on the 7th of November
last, as shown by the return made by the
Commissioners of Election for said polls
and voting places in said State, have
never been compiled nor canvassed, and
that said Returning Board never even
pretended to compile or canvass the re-
turns made by said Commissioners Of
Election, but that said returning Board
only pretended to canvass returns made
by the State Supervisors Of Registra.
ltion."
Rejected by the same vote.
A seventh substitute was offered by
Bayard, as follows:
,"Resolucd, That no person holding an
Office Of trust or profit under the United
States is eligible to be appointed an
Elector; and that the Commission will
receive evidence tending to prove said
ineligibility as offered by'counsel for OBJ
|jectors to Nos. l and 3.''
Rejected by the same vote.
Justice Field offered tue eighth and
Hast substitute as follows:
/ "Resolved, That in the opinion of the
Commission evidence is admissible upon
1.-The several matters which counsel for
I iobjectors TO Nos. l and 3 offered to
prove" rs
This was also rejected by the same
vote, and the question on the original
order submitted by Mr.. Hoar came up
viz: THAT evidence offered be not re
ceived."
i Mr.. Payne moved to strike out the
word "nct." Rejected by the same
vote.
The vote on the original order was
then taken, and it was adopted by the
following vote:
Yeas-Bradley, Edmunds, Freling
lhuysen, Garfield, Hoar, Miller, Morton
and Strong-S.
i Nays-Abbott, Bayard, Clifford, Field
EHunton, Payne and Thurman-7.
After conclusion had been reached
by the Commission counsel were admit
ted, and the above resolutions were read
| by the Secretary. AS soon as the fina
vote had been taken. Justice Field NOV
| ed that the injunction Of secresy be re
moved from the proceedings Of tn,
Commission, and it was unanimously
adopted. l, -a5...r
Mr.. Hoar inquired of the Chair wheth
er any Of the time to which counsel wer,
3 entitled under the order of the Commis
, sion remained, or whether it had beer
exhausted. hasr..- e
. The Court replied that the time 70
D ohjectors to numbers one and three wa
) exhausted On the part of objectors t,
g certificate No 2 he believed ten minute
e remained, but the time had been sub
stan,ially exhausted. 49,
e Mr., Payne moved that one hour b
y given each side for the respective coun
r sci to sum up the case.
/ Mr.. Garfield said that the order ha,
been already made that each side shoul'
have four and half hours, and that th
e time should he used as they chose in in
s terlocutory questions. He considered b
|. lought to stand on the order and shoul
vote against the motion. Counsel them
!: selves had yet to ask it.
8 Judge Clifford inquired if they wer,
e satisfied to rest their case r.,
+ Mr.. Evarts said they were satisfies
D with the case as it stood.
e Justice Clifford asked if the opposin,
Icounsel also agreed to it.
e Judge Campbell said they had nothin
n to add under the circumstances.
s Commissioner Abbott understan
n you, Judge Campbell, to say that til
e Commission having ruled out all ev
l. dence you offered, you have nothing ful
r ther to urge3
Judge Campbell-Yes, sir.
=: Justice Clifford said the motion wa
,. then Withdrawn.
Commissioner Morton moved that tb
a members of the Commission be appoin
ed to prepare report in the Louisian
d case, and that recess of one hour
i. taken.
d Commissioner Strong said that tt
le question that had been passed upon ws
;" the question of admissibilitv of evidenc
g and he thought they ought togo into tt
merits of the case. "t
Id Then, on motion of Commission,
Hoar, the Commission at 5 80 went int
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