The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-09
DECIDING TIE PRESIDENCY.
THE RhPrBLJCfN LEfDERS JTEWTNG
THEIR CASE ALREADY WON


The Trihrrnr. Decision Practically shutting
out Al Evidence OF Fraud In Louisiana
Exhaustive Arguments Delivered upon tho
Eligibility of One of Fiorida's Electors.
WAsuTNGroN, Feb. g. Notwithstanding
Nc hopeful view which few Democratic NOM
bcrs of Congress take Of the situation. the gem
cral impression Is that the decision OF the
Electoral Commission, in refusing TO receive
and consider evidence to prove that the Cam
vassns Board Of Florida acted corruptly in
declaring tho Hayes electors to be elected was
made by the partisan majority of tho comms-
sion to meet the cNigon les Of their case AS
pointed out in these dispatches last night 1t fits
tho Oregon case exactly. and when applied to
the Louisiana case Will cstop the commission
from The consideration OF an evidence in regard
TO the action of the Returning Board OF that
State. There are only two returns from Louisi-
ana: First that made 10y the Republican cloc-
tors. which contains tho certificate of the Re-
turning Board that the electors were elected
and the certificate of the Governor attached as
required by the act of Congress The return
made 10y the Democratic electors is only the GER
uncltc OF McEncry. who Is claimed 10 bo the
Governor Of Louisiana. but has never been
recognized by either House Of Congress. 1t
will BE- thus seen that in this particu-
lar Tho Democratic case. 80 far as Louisiana ia
concerned. is much weaker than their Fiorida
cnso Under the order Of the commission. only
the papers submitted to the Joint committee by
the President Of the Senate can be considered:
therefore there will be- no evidence before the
commission tending TO show what the real voto
for electors was because none of the document
AIRY evidence to establish this fact accompanies
the certificate OF the so-callcd Tildcn electors Of
Louisiana. The only thing the Democratic coun-
eel can do is TO argue questions rcat-
Al.
ing Board, its power 70 canvass the returns for
electors, the legal cile, T. of the refusal of the
board To MI the vacancy caused by the r,signa-
ton of ono member thereof. and To- offer rv-
donce as 70 the eligibility of the two Republican
elcctorS. brewster and Lcvisee Tho former. II
ls claimed VIII be shown TO have been Fed
era officer holding a position under the Gene
raj Land Onice OF The United States thnt he
continued 70 perform the iunctions OF this Office
until four days before the time fixed 10y law for
The meeting OF the electors. and that then. when
his rcsisnation was sent into the Secretary OF
and tho al of ac.cptation datcd back to the lth
Of NoNcmberi. Leyiscc. the other ineligible
~ Will be- shown, continued 10 perform the du-
ties Of his office until within few day Of the
9Th OF December
The Republican leaders here confidently as
scrt that the decision of the commission in the
preliminary question as 10 the admis-ihility OF
ev'dcnn. IN the Florida casc practically settles
the whole dispute. and that the final decision
Will inevitably be in favor OF Hayes There ara
htow k'puhlicAns VINO do not claim this. hut
the groal majority of the Republican members
oi Congress are quite positive in their as
herton- that their ca-e has h,rn Won
o the cnsc wns manifested to-day 10y the littlr
interest taken 10y the public in the proceedings
before the commission. The great rush for adj
mittan go 10 the supreme Court Chamber. which
heretoiorr characcri1,d the proceedings of the
commission MAS not witn' ssyd to-day and the
ST7sii W. - 70 o'-u-
The arguments ,O-Ciy on the Democratic side
were made 10y judge H.adlcy OF Ohio. Judge
Ashnsl Green q New jersey AMI Richard I.
Merrick of Washington. Judge Hoadey's ar
gument was upon the question Of tle eligibility
OF Humphreys. one Of the So-callcd Republican
haustl,c lis ussion Of the law involved. The
question II Humphreyss eligibility turns upon
Woods oi the United States Circuit Court Tor the
District Of Florida. Humphreys was u ship
ping Cpmmissioner. and asscrts that he re-
signed ON the 5th OF q tol~r. and that judge
WOODS accepted his r. -icnaton. and Il dcs ignatel
the Collector OF the Port Of Pen@arola rs tho
proper person 20 fuliil the duties of the
oiie until his successor should be- appointed.
Attn time Humphrcys'~ resignation was scnt
and from TINT point wrote to IIumphr.vs. no.
knpwl"dsing the rec it Of his resignation and
,ran-minng 10 him his asccpmton OF tho
sel II that the appointment Of shipping
,s, ssommni,-loncr Is made ly NJ Circuit Court;
the court is not held in Novark. Ohio: that the
mater of resignation and The accoptation there
the court, and that tie successor Of Humphreys
has n"Xor been appointed by the court.
Jul-N bhlil'y. III u flftI ana tNl'l-e man.
ner. stated the law and numerous decisions
oith. rnur upon these ,1fercnt questions.
Judgr A-hhcl Grccn discussed generally the
value uS evidence Of the three different c.rtill-
cates nnde 10y the Republican and Demo-
cratic electors. and lwct at some length
upon the decision Of the supreme Court
OF that State on the mandamus cnse
brought by Drew against StoHrns and also
The quo wurrantO proceedings instituted by the
Democratic ec. tors. His argument was u
cl"an cut piece OF l"gn reasoning. and was
strongly fortified by numerous references to
decisions made by English and American
courts uIGn similar cnrstions.
Judgc Shcllabar.o and Mr.. Evnris followed
for the Republican side. The argument Of the
former Was not long. and WIS very furrihly
preeent"d. Mr.. Eylw- had an hour aud II half
OF the time allowed Republican couns ], but con
sumcd only thrrr-tOurtlis of an hour. II was
very rNldvnt that tlr' Il 'puhlican counsel fan
ci"d that their rrSr had s'rn won. aud that il was
useless 10 waste farther time in arguments.
Mr.. Morrick cOs@d for the Democrats in
an alde, eloquent and exhaustive speech.
His cifort previously made upon the question
edged by all who heard il 10 bee an exceedingly
able ono. hut his speech to-day SURPASSED il
hhd from the qu' 'stions Tut him by
Republican melnbcrs OF the commission it
was evident that he made telling points. tho
force ol which they were attempting 10 break
hi the Inquiries propoundrd 20 him. In every
in-iunr", however they were disappointed. Mr.
Mrrrlrk. with his quick intellect and fluent
hp'"'h. turned the point against his adverse
JtdEc- every time, amt 10y his thorough knuWl-
tsifn of tho questions he was dlsru-sn
WJrsted them in the rn eountcr