New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-16
THE TWO DAYS BATTLE.
ITS ADVANTAGES WITH THE RrPCBLICANs.
RyrEIEGKAPH TO TIE TRIBrSEI


WASHINGTON Feb. l. After five hours and half
of further argument to-day. the public consideration
of the Louisiana case closed. The Commission then
adjourned until 10 o'clock tomorrow. VIXEN 1t will
90 into secret session.
The discussion has been proceeding for two days
under a ruling which consolidated the time allotted
to the question of evidence with that given for the
consideration OF the itself and upon the under
standing that should the Commission de-
terrnine not TO admit evidence there should
be no further argument. IL IL not prob
able that any evidence will be heard. Ger
tainly none will be heard unless the Commission
has changed lis views since its rulings in the FLORIDA
case In that case il will he remembered that by
judge Bradley voting with the Democrats, majority
was obtained for hearing testimony as TO the elgi-
bility of HUMPHREYS one of the electors; Dut on
no other point. In Humphress case there was dis
puted question of fact. In the cases OF tine two
Iouisiana electors. Levsse and Brewster, the dis
pute is as TO law and not 10 fact. Both sides adj
NIT that they were disqualified at the date of the
election. Both admit that they were qualified when
chosen by the Electoral College to fill vacancies
The Democrats maintain that the State IN eIectlng
these Ineligible persons lost two of its electoral
votes and if it did not, then they claim that the
college had no legal right to fill the vacancies, and
,bat the two votes must be thrown out for
this reason. There is no question of fact here,
and therefore no occasion for evidence. The
whole case As far as this and all other points are
concerned hinges entirely upon interpretations OF
the Constitution and laws of Louisiana and OF the
United States. The Republican counsel saw this at
first and the Democrats have realized III OF latc.
whatever the latter have said in the concluding
ARGUMENTS in favor Of the power and duty of the
Commission TO 90 into a detailed investigation OF
their charges of fraud has been rnanlfesty SAID 70
the country for political effect and not to the court
They have devoted their chef efforts To the WORK on
convincing the Commission that the Returning
Board was not lawfully constituted body and that
il exceeded its jurisdiction.
II NAV fairly be expected. therefore, from the
ureced.nts established in the Florida case that the
commission will decide Tomorrow % receive no evil
dence and will then proceed at once To determine
tb question of counting the regular return from tue
STATE Most Republicans entertain no fears OF the
rasult and Democrats do not seem 10 have any
tongihle homes The victory in the legal battle is
unouestionably on the side of the Republican conn
scl They have established SO clearly as TO satisfy
minds fee from partisan bias-f indeed there are
any snch-these central and essential propositions
upon which the decision Of the case must rest
First. that the Returning Board was legally con-
stituted body with jurisdiction to canvass ana de-
clare the result of the election for Presidential cleo
tors second that Congress is not national return
ing board with appellate jurisdiction ana power
10 revise and reverse the decisions OF
State boards or, in other words that Congress Is
NOT the nudge of the returns OF election and qual'-
cations of Presidential electors; third. that the
Louisiana board did no acts that the Commission
am take cocnzance of which inyahdate IT'S de-
csion: fourth that the Electoral College had power
., fill vacancies arising from any cause NTH, that
the electpr, alleged TO have been disqualified by
State laws were not disqualified, BECAUSE state
cannot add 10 the causes of neligibIlty presented
hy m. Federal Constitution These propositions
cover all the disputed points IN the case, and their
establishment leads necessarily to the hnal conci-
zion that the eight electoral votes OF Louisiana were
lawfully east for Hayes and Wheeler anu must DE
counted.
No amount of argument or demonstration by
statute or authoritative decisions would nave served
IN convince the Democratic Commissioners OF the
ustiee of this conclusion. The task OF MT. Evarts
and his associates has been, therefore, to change
their preconceived Judgment. but to convince the
Republican members that they had clear. strong.
and perfectly defensible legal position to stand
mon in deciding the Hayes return to
be valid. As 10 the charges OF fraud,
corruption, and conspiracy with which the speeches