The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-02-04

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nary remarks as to what no thought
should he the method Of procedure,
read Il BRIEF setting forth what ho
thought ought to b, submitted as owl.
dence.
Judge Black, OF the Democratic coun.
sell arose to make II suggestion as TO
the method Of procedure. lie believed
that he had II right to suggest what
evide &c should DO presented aud to
speak only to the point.
The presiding justice said no evi.
dence was before the commission, and,
after II colloquy between the counsel
aud members Of the commission, Sen.
at0r Thurman asked the Hayes and
Whe Ter counsel what objection there
could be TO receiving all the evidence
suggested by Mr.. O'Conor, subject to
objections.
Mr. Evarts briefly gave his reasons
for oUjecting TO the method Of intro.
ducing the evidence proposed by the
opposing counsel.
Judge Black insisted upon It that the
evidence suggested by Mr.. O'Connor
had already been taken 10y the two
houses OF Congress. Committees were
sent to Florida, took evidence, had 1t
printed, and thus made part of this
case; that 1t was submitted to the
House, and after II fierce struggle, the
llibustering lasting half II night, had
been received He could not conceive
anything more unjust than to compel
them to submit evidence by piece meal
that when party files bill in court
Of equity, he may put in all the evi.
dence he chooses, aud the same is true
of the party filing an answer, The
evidence cannot be rejected, tut must
be accepted as u part OF the record.
While Judge Black WAS speaking,
two special artists on the spot were
busily engaged sketchiug the scene of
the court room,
The presiding justice said, "Judge
Black has exhausted the fifteen min
utes allowed him, wv hen Justice Miller
moved that counsel on either side
have two hours in which to discuss
the objection Of Mr.. Evarts MS TO
whether any other evidence than that
laid before the two houses of Congress
by the president pro tenn. of the
Senate should be received by the Com
mission.
Senator Thurman thou ght the argu-
ment ought to so further and embrace
the admissibIity OF the testimony
taken by either of the two houses, and
that the question should not be mar
rowed down to the papers presented
from Florida by the president pro
tenn. Us the Senate To the two houses
Of Congress.
Representative Garfield desired the
motion of Justice Miller to be enlarged
so as to embrace an argument as TO the
scope of the power Of the commission
in the premises.
Representative Hoar offer substi.
tute tor Justice Miller's motion, as
amended by Mr.. Garfield, butwithdrew
and Justice Field renewed it.
The presiding justice put the ques,
ton on Justice Fields substitute and
IL was lost. The motion OF Justice Mil
Ter, as amended, was then adopted.
Mr.. Evarts suggested that each side
have three hours instead of two, and
the Commission accepted the sugges.
ton. Evarts also suggested that the
counsel have more time to prepare
their arguments. The Commission
then took a recess until 1890 O'clock.
The Commission agreed to hear coun-
sci on each side to-day and the others
on Monday.
Mr.. O'Conor said he presumed the
three hours allowed each member
might be divided among counsel, as
they might agree.
The presiding officer said that was
his understanding.
Judge Black asked If he might make
some general remarks and let Mr.Me
rick go into the details OF the case.
The Commission finally decided that
three OF the counsel might speak, pro-
vided they did not exceed three hours.
Messrs. Merrick, Evarts and Mat
thews each spoke on the admission Of
evidence, when the Commission ad-
journed to 10 o'clock Monday, when a
decision on this point will be reached.