The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-17

several matters which counsel for the oh.
iectors to certificates Nos. and 8 offered
TO prove.
This was also rejected by the same
vote, and the question on the original
order submitted by Mr.. Hoar came up,
viEi that the evidence offered be not re.
ceIved. =
Mr.. Payne moved 10 strike out the
word mot" Rejected by the same vote.
The vote on the original order was then
taken, and 1t was adopted by the follow.
ing vote;
YEAs-Bradley, Edmunds, Frelinghuy.
sen, Garfield, Hoar, Miller, Morton and
Strong-S.
NAYs-Abbott, Baysrd, Clifford, Field,
Hunton, Payne and Thurman,
After the conclusion had been reached
by the Commission, the counsel we're ad.
mitted and the above resolutions were
read by the Secretary.
As soon as the final vote had been
taken Justice Field moved that the in.
junction Of secrecy be removed from the
proceedings OF the Commission, and ii
was adopted unanimously.
Mr.. Hoar inquired OF the Chair wheth.
er any Of the time 10 which counsel were
entitled under the order Of the commits.
sion remained, or whetherit had been ex.
hausted.
The Chair replied that the time for the
objectors to numbers ! and 3 was ex.
hausted; on the part Of the objectors to
number 2 he believed 10 minutes re.
mained, but the time had been substan.
TALLY exhausted.
Mr.. Payne moved that one hour be
given each side for their respective Coun-
sci to sum up the case.
Mr.. Garfield said the order had been
already made that each side should have
four and half hours and that the time
should be used as they chose. He con.
sidered they ought TO stand on the order
and should vote against the motion. The
counsel themselves had not yet asked
for it.
Judge Clifford inquired if they were
satisfied to rest their case.
Mr.. Evarts said they we're satisfied with
the case as it stood.
Judge Clifford asked il the opposing
counsel also agreed TO 1t.
Judge Campbell said they had nothing
10 add under the circumstances.
Commissioner Abbott-T understand
you, Judge Campbell, TO say that the
Commission having ruled out all the evi.
dence you offered you have nothing fur.
ther to urge?
Judge Campbell-Yes, sir.
Justice Clifford said the motion was
then withdrawn.
Commissioner Morton moved that
three members Of the Commission be
appointed to prepare report in the
Louisiana case, and that a recess of one
hour be taken.
Commissioner Strong said the ques.
tion that had been passed upon was
question oi admissibility ofevidence. He
thought they now ought to go into the
merits Of the case.
On motion Of Commissioner Hoar, the
Commission ut $3.50 went into secret ses-
sion for consultation.
Commissioner Payne moved that one
hour be allowed each side, in which to
make further argument by the commits.
sion.
Commissioner Garfield said that the
order pursued yesterday giving four and
a half hours TO each side TO argue the
whole question was interrupted by the
offer Of testimony, and it was then agreed
that two additional hours should be
given to that question. After that agree.
ment was entered into it was also agreed
that counsel might draw on their final
time and use it OH that interlocutory
question II they chose and they used il
up and discussed the whole question TO.
gether with the interlocutory question.
The counsel have not asked for additional
time, and il they had should consider
that we ought TO stand by our order. /
shall therefore vote against the motion OF
Commissioner Payne.
Commissioner Morton said that unless
counsel desired it he should vote against
the proposition. He would not invite
counsel to argue the question further.
Mr.. Evarts said his side had argued
the whole question fully, and covered
the whole merits Of the case. They had
so considered it during the time allowed
them.
The motion was Withdrawn.
Mr.. Hoar moved that the commission
go into secret session, for the purpose OF
consultation on the main questions.
The motion was adopted, and the crowd
was directed 10 vacate the room.
Immediately after klhe doors we're
closed Senator Morton offered the follow
ing resolution:
Resolred, That the persons named as
electors in certificate No. were lawful
electors Of the State of Louisiana, and
that their votes are the votes provided
for by the Constitution OF the United
States, and should be counted for Pr esi-
dent and Vice President.
This resolution was adopted by vote
Of 5 to Z, as follows:
YEAs-MeSsrs. Bradley, Edmunds,
Frelinghuysen, Garfield, Hoar, Miller,
Morton and Strong-S.
NAYs-Messrs. Abbott, Bayard, Cliff
ford, Field, Hunton, Payne and Thur.
man..
Justices Miller and Bradley and Rep
resentatiye Hoar were then appointed a
to draft report of the de-
cision, with a brief statement Of the rea-
sons therefor, to be signed by the men,
bers agreeing therein, and to be transmit
ted TO the joint session Of the two Houses
as required by the electoral act.
A recess OF about one hour was taken
to afford time for drafting the report,
which upon the reassembling Of the Com.
mission was presented, and after being
read was signed by Miller, Strong, Brad.
ley, Edmunds. Morton, Frelinghuysen,
Garfield and Hoar.
The report is to the following effect:
That the Electoral Commission having
received certain certificates and papers
to be certificates Of the elect
oral votes OF the State Of Louisiana, and
certain papers accompanying the same,
and the objections thereto, report that II
has duly considered the same, and has
decided, and does hereby decide, that the
votes Of William P. Kellogg, o. Fl. Brew
ster, A. B. LevisSee, Oscar JeiFrein, Peter
Joseph, ]. H. Birch, L. A. Sheldon and
Morris Marks, named in the certificate Of
William P. Kellogg, Governor Of said
State OF Louisiana, which electoral