The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-05
Proceedings Of The Electoral Com
mission.

mission.
WAsHINGToN, February 3-The Elec-
toral Commission met at 10 An
Judge Clifford said under the second
rule counsel should present the evidence
they proposed to offer in closely con-
der sed and classified form, OF course
based on the condition that the evidence
would be received. The proposition
whether evidence should be received has
not been decided, but couns.l must act
as If evidence would be admitted until
the Commission decided.
After some discussion as TO the mode
of procedure, Mr.. O'Conor addressed the
Commission, urging that evidence
should be admitted, subject TO questions
OF its relevancy and effect, TO
be considered with the whole
case. He then submitted his
proposition of e, idence. First, thst both
the rilden and Hayes electors met on
the 6tn of December and each cast their
votes and forwarded the same to the seat
OF government, with the exception that
the Hayes electors were certified to by
the Governor, and the Tllden electors
were certified by the Attorney General.
Second, that the proceedings were under
n writ OF quo l0aTranto. Third, TO show
the common law OF Florida, and the
construction OF the statutes of that State
as shown in the OustiDg OF Stearas.
Fourth, the proceedings OF the Legislature
OF Florida since December 9th order
ing new canvass, and the result of that
canvass. Fifth, that the Hayes electors
rejected certain returns from counties
named, and that Humphreys was an Off
Ger under the United states.
Judge Black was about to argue in
support OF the sdmisssbiiity of the evi.
dence, when Justice Clifford reminded
him that unless the other side objected
there WAS no occasion, and suggested
That he yield to Mr.. Evarts to prevent
misunderstanding.
Mr. Black SAID there was misunder-
standing, and that ne did not understand
the case.
Mr. Evarts began TO address the Com
mission, but was soon stopped, on the
ground that ne was arguing on the sd-
INSTABILITY OF the evidence before it Was
offered.
Anotne, discussion as to the mode of
procedure took place.
Mr.. Evsrts then spoke in opposition to
the introduction of the evidence, manly
on the ground that if admitted it would
be necessary te @ TO the Fundamental
facts in the election.
Rta,l- ,-,,naI ,hot nf sha
evidence was alread y before the commits.
sion, through the reports of Congress
ional committees, and was now part OF
the record in the case. 1t would be the
greatest injustice to require the evidence
10 be taken up piecemeal and subjected
" objection in detail.
Justice Miller submitted a motion
that counsel on either side be allowed
two hours TO discuss the question raised
by Sir. Eyarts rs 10 whether any other
matter shall be considered other tnsn
what was laid before the two Houses By
the President.
Mr.. Thurman thought that the scope
should be enlarged, else if the Commls-
sion should decide TO admit evidence,
there would be no advance made. He
proposed that the discussion should in.
clude what evidence might be admitted
and also what evidence was now before
The Commission.
Mr.. Miller modified his motion rs
suggested AM 1t WAS adopted.
Al the request o! MIR. Eyarts, an sd-
ditonsl hour WAS given to either side, in
order to permit the counsel 10 arrange
for their argument
The Com mission took n recess.
On reassemblIng it was arranged that
one counsel OF each side be heard to-day
and one on each side Monday. 1t was also
agreed that other counsel might be
heard, but they were not 10 extend the
tim. Il was announced that Judge
Blacn would make some general re-
uarh:, after which Mr.. Merrick would
make the regular opening, Mr.
O'Caror making reply 10 the others At
the c,Jse OF the debate on Monday.
Mr Merrick made the opening 3D.
dress. As 20 the question Of the power
of the Commission, and rs 10 the resu-
larIty of the evidence now before the
Commission, he thought there could be
no question; that the testimony WAS now
before the Commission, whatever might
be the decision NJ TO its sdmlslbihty. lie
opposed the proposition that the duties
OF the Commission were purely minis
ter.sl, and they could not look behind
the certificates. If this doctrine pre-
vailed, even Gov. S!esrns, though he
came in sack. cloth and in potential sor-
row and asked o correct the mistake,
could not undo Il wrong in ths: paper,
In the clause 10 the Constitution that
the votes should then be opened and
counted. he contended that II Was not
counted as claimed By the counsel yes
rerday, but trst "vote-" was the.cOntroll-
ing word, and that before counting them
It must fir. be- determined whst were
the true votes, and that this duty OF il
curry rested on Congress. Without linz
i.a.ion, any legitimate evidence going -
determine WHIST were the legal snd true
votes. he submit Cd, was competent 20
this trI0unsi.
Judge Black followed on the Dem
ocrs;ic side, and StasIey Mstthews
and +. W. Stoughton on the RePubh.
can side, each occupying about snFee-
quarters OF 81 hour.
The Commission adjourned till II A..
NJ Mon isy. when William NJ. ESarts
and Charles O'CoEOr will c,osc The
Argument on the pending question.
AsbtabuIa Inquest.
CLEVELAND, February i-The c0ro-
ner's jary y; AshtStuls, yesterday. eI-