The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-14

in the State, and that those returns AM
declarations are prima tacie evidenc
which can only be gone behind in judi
cisl trial.
Mr.. Howe then addressed the Com
mission on behalf OF the Republican OBJ
iectors. He said we object that yol
shall not coun. the votes rendered BY
McEnery and his associates. First, be
cause we have no evidence that they
were directed by the legislature o
Louisiana to vote for President. NJ
man can have his vote as elector counted
for President and Vice President unless
his right SO to vote is certified to by the
Governor of the State.
At the conclusion Of Mr.. Howe's argu
ment Judge Campbell informed the
Commission that Messrs. Carpenter
Trumbull and himself would appear q:
council for the Democrats.
MIR. Eyarts announced that Messrs
Ssoughton, Shellsbsrger and himself
would appear as counsel fos the Repub'
| lieans.
Mr.. Campbell requested six hours ar.
gument for each side.
Mr.. Garfield moved TO make the time
four hours.
| Recess.
On re-assembling the Commission
announced that !our hours and a hall
would be allowed each side for their at.
gument, and that the Commission would
commence the hearing at ) o'clock and
sit till o'clock this evening.
When the Commission again Assem-.
bled at 5 o'clock, Ex-senator Carpenter
rose and said that, if the court please,
to rellve some little anxiety that exists
in some parts of the country, let me oc-
cupy one moment in stating tor whom l
appear here. desire TO say in the first
place that l do not appear for Samuel }.
| Tilden. He is gentleman whose
aouaintsace l have not the honor to
have, with whom have no sympathy,
against whom voted on the 7th Of Nov.
aud if this tribunal could order a new
| trial. l should vote against him again
believing as do that the accession OF
the Democratic party TO power in this
country to-day would be the greatest ca
lamity that could beisll the people ex.
cept one, ana that one great calamity
would be to keep him out by fraud and
ialsehood.
Mr.. Carpenter said he appeored for
ten thouand legal voters OF louisiana,
who had been disfrsnchlsed by four vii
lains whose official name is the Re-
turning Board OF Louisiana, and
continued rs follows Upon the
very basis Of the bill creating
this tribunal, your decisions are to be
reported to both houses OF Congress-.
and the two houses OF Congress may set
them aside. There's an end then OF say
Ing that this tribunal is exercising n JI-
diclsl power, or that whether your de-
eide that the vote snall be counted TT
Hayes or Tllden, that the decision pre-
cludes the question between these two.
1t does not, it cannot, IN 10 possible aspect
Of the case can it be maintain ed that
this tribunal is anything on earth but a
legislative committee OF investigation.
At this point Justice Bradley inter
posed don't think there Is difference
OF opinion on .hs. subject. 1t is the uni
versal theory, SO far as l am Informed,
that the powers of the Commission ex-
tend go far and so far only as the powers
of the two houses of Congress.
Mr.. Carpenter-ln other words then
il Is agreed on all hands that the powers
of this Commission are political powers
and legislative powers delegated by the
two houses of Congress. Your Honors
would have relieved yourselves from the
infliction OF the last 20 minutes if you
had announced 1t earlier.
Commissioner Hoa.-l did no! under
stand that Judge Bradley announces
the proposition you have just stated.
MIR. Carpenter-The proposition is to
nv mind SELF evident and SO fortified BY
tn. Constitution that | will stop on the
mere suggestion that Judge Bradley has
made on the subject.
Judge Bradley intimsted that the
counsel had drawn his own differences.
Mr.. Carpenter then quoted the ian.
gusge of the act creating the Commis-
sion and contended It was the duty of
the tribunal not 10 ascertain what ap.
pears 10 be the case. but who have been
duly appointed. Mr.. Carpenter quoted
VARIOUS authorities TO show that writ OF
quo oarranto was not 3 criminal proceed
ing. although 1t is in form, but Is in sub
stance civil one. Continuing, Mr..
CARPENTER said: Another question, and
one think Of considerable difficulty,
and that is what the statute law of LouI-
sisna was on the 9TH Of November
last. The question is on the lst of April
wien the revised statutes took effect,
did they repeal a.! anterior conflicting
statutes, or was this act of 1870 saved
from repeal by the act Of the 2S.a of
February? Tnat was the question. Let
me in the first plsce proceed upon the
theory that the State on the lst Of April
did repeal the election law Of 1870, and
then will proceed on the theory ina: i:
did not, aud come out usi Is satisfactorily
in one way as the other. II 3 remark
able case, l know, 1t happens to be so
now. II the act Of le6s was in force 81
the las. election, /; is not pretended tina:
there has ever been any canvass OF
the vote OF that election accori!ng
10 the statute. There lie no pretence
if ttey acted on the theory that the
other law ass 10 force, so iust il yogr
Honors shall hold ,hsl the sc: OF ls57
wss In force because EN- bodied in the re.
vision TO tske efec. Apsll lst, aid there
fore not repeating the former act OF toe
10th of March, then this case
To- night is precisely in the
s,,itut. in which II Was tour years ago.
a. that time there came up from LoVisl-
ana regular certificates thsi so many per
IONS had been duly appointed electo-s Of
the State, but the Senate, gong upon
the theory which l MAINTAIN IL ;ae
true and proper one, raised a COM
mittee in advance 70 examine
into the facts about the election of tia:
college; they sent :Or Witnesses, aud
brought them here in large number,
aud msia so examination, and the CON.
miltea reported on the subject. express
ing an opinion Nhe.hsr they should Or
not be e1clu1ed, but stating the far.
that there had never beer s csn-
u -