The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1877-02-04
THE TRIPARTITE TRIBUNAL.
Another Days Proceedings.


Another pays Proceedings. -
Washington, Feb. 3.-The electoral
commission met at 1895. Judge Cliff
ford said that under the third rule
counsel should present evidence they
proposed to offer in close, condensed
and classified form. OF the course
based upon the condition on which evil
dence would be received he has not de-
cided, but counsel would act as If evil
dence would be admitted until the
commission decided.
After some discussion as to the mode
OF procedure, o'Conor addressed the
commission, urging that evidence
should be admitted, subject to questions
Of its relevancy and effect, to be con-
sidered with the whole case. He then
submitted this proposition Of evidence:
First, that both the Tilden and the
Hayes electors met Dec. 9Th, and each
cast their Notes and forwarded the
same to the Seat Of government, with
the exception that the Hayes electors
were certified by the governor, and the
Tilden e lectors by the att ,rney gem
eral !; second, the proceeding under the
writ of quo warranto; third, to show
the common law Of Florida and the
construction of the statutes of that
State, us sht WI in the ousting OF
Stearns; fourth, the legislature OF
Florida, since Dec. 9Th, ordering a new
canvass, and the result Of that an
Slss; fifth, t,iat the Hayes electors re-
jected certain returns from the coun-
ties named, and that Humphreys was
an officer under the, United States.
Judge Black was about to argue in sup
port of the admissibility Of the evil
dence, when Justice Clifford reminded
him that unless the other side objected,
there was no occasion, and suggested
that he yield to Evarts, to prevent a
misunderstanding. Black said there
was a misunderstanding now. He did
not underst md the case. Evarts then
began to address the commission, but
was soon stopped, on the ground that
he was arguing on the admissibility of
evidence before it was offered. An
otlserjdiseussion us to the mode of pro
cedure took place. Evarts th'n spoke
in opposition to- the introduction of the
evidence named. on the ground that, If
admitted, it would be necessary to go
to the fundamental facts in the cleo
ton. Black argued that most of the
evidence was already before the com
mission through the reports of Con-
'g-ressional committees, now a part of
the record in the case, and it wou d be
the greatest injustice to require the
evidence to be takenn piecemeaf and
subjected to objection in detail. jus
tice Miller sui mitted a motion that
counsel on either side be allowed two
hours to discuss the question raised by
Evarts as to whether any other matter
shall be considered other than what
was laid before the two houses. Thur
man said if the commission should de-
eide to admit evidence there would be
no advance. He proposed that the
discussion should include what evil
dence might bs admitted, and also
what evidence was now before the COM
mission. Miller modified his motion as
suggested, and it was adopted. at the
request of Evarts an additional hour
was given to either side in order to
psrmit counsel to arrange for their
argument, and the commission took a
recess. 3
On r~eassembling it was arranged
that one counsel of each side be heard
to-day, and one on each side Monday.
1trwas further agreed that three IL
sci of each side be heard, but not to
extend the time. 1t was announced
that Judge Black would make some
general remarks, aud Merrick would
make the regular opening, Mr.. O'Conor
making the reply to the other side at
the close of the debate on Monday. :
Mr.. Merrick, of the Democratic
counsel, opened. Jeremiah s. Black
followed Merrick on that side. STAN
ley Mathews and E. w. Stoughton
then spoke on the Republican side, each
occupying about ,three-quarters Of an
hour, and the commission then adj
iourned until IL O'Clock Monday. c.on
which day William NJ" Evaits and
Charles O'Conor will close the argu-
ment on the pending questions. w
NEw YORK.