The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-02
THE TRIPARTITE TRIBUNAL.
TIE FLORTD1 CASE PRESENTED FOR
THEIR CONSIDERATIONS
Selecting Counsel for the Obiectors, and Deter
mining the Mode Of Procedure-The Hon.
Charles O'Conor the Den ocrntic Case.

Charles OConor on the Democratic Case.
WASHINGTON, Feb. The tripartite COM
mission appointed under the provisions OF the
Electoral act. to hear and decide all matters in
dispute affecting the vote for President and
Vice-President met at ?. NJ to-day in tho
room OF the Supreme Court at the Capitol A
communication from the two Houses Of Congress
in joint session was presented by Mr.. Gorham,
Secretary OF the Senate. and read as follows:
Hall or rnE iiousp or RyrRtsssIirivts Feb. l. 1871
H. TIE Pr,siLnt u he Commission
turn sIs n @ S or % s ss to be fss re-
iia having been received and This day opened in the
thereto having been made the said returns. Win ali
and Of Ss
fnos. W FERRY, President Of the senate.
The Presiding Justce-Tt il suggested. and
think very properly. that the doors may now be
opened and that proper persons be admitted.
Justice Bradlcy-I understand there are three
certificates from the State Of Florida that have
been sent to VA. / should think that the proper
course would be to have those three certificates
read. and then IA each IL read let the parties bc
called upon TO state whether they are objected
TO. and who are the objectors. Until we read
those certificates. or hear them read. we do not
know what are here before US. After that 1t will
be time to take such other order in regard 10
the proceed ngs ~ may b., NECESSARY
The Presiding Justice-I will adopt that sug-
Mr.. Justice Millcr-,f had the pleasure sir, If
II was a pleasure. of listening to the reading of
these documents in the House Of Representa-
tivcs. II the papers about the State of Florida
are read. il will take an hour to read them. The
OWcctors names are To the papers making the
objections. | presume they will be printed.
They certainly ought TO be printed. and then
everybody can read them without consuming an
hour Of time in doing that which every man will
want Ia do for himself more carefully. think
Il Brother Bradley had known, as know. the
lf t,f h
draw his motion.
The Presiding Justce-Does Justice Bradley
withdraw his notion
Mr. Justice Bradlcy--I did not make a motion.
j merely made "a suggestion.
Representative Paync-I move that the certi-
iloate with the papers be printed at as early un
hour IA possible.
The Presiding Justice put the question and
the motion was agreed to.
The Presiding Justice-Thnt matter being
disposed Of | am requested 20 inquire II there
are counsel present who will take part after the
managers or ohIectors have stated the case ON
thr one side and the other.
Mr. Evarts-Nlr. President. senator Sargent
has come IN. and Will state what he has TO say in
Senator sargcn, said tina, the persons whose
names are signed to the paper had had no
opportunity Of consulting together to ascertain
which of them would state 10 the commission
The Prcsiding Justice-Two directors may
represent the caso in this tribunal
Senator Sargcnt-So We understand by the
rules
The Presiding Justice-Plcase make them
known to the Commission rs soon us conNcn-
lent
The Presiding Iu~ii'c-Wll Mr.. fiell state
thn names OF the olgrctors on the other sdef
first return are senator Jones Of Florida. Srna-
tpr COOPER and Representatives, Thompson.
Representative Abbott-Mr. President. desire
10 inquire whether the motion made in refer
enc enc TO- printing c2yers the printing Of all pa
- %
papers sent. with tn" objections. and il il lust
rs material Tor us To have those papers printed
- that W. en- consider them. as it is 10 have the
objections themselves.
The Presiding Justicc-I do not understand
certificates with the objections and the papers
which accompany the certificates shall h" print
Kepr Sontativ'. HG60tt"i move NOV then that the
papers accompanying the objections be- also
printed.
senator Edmunds-Mr President I submit
that II * possible under the statute under which
W" ar" ating that there may he no papers law
fully and within the statute "A ACCOMMODATING AN
objection. Tho statute provides for papers that
accompany certificates. but as ! remember at
TINS moment II speak subject, Of course. 10 cor
r"tlon), II does not provide Tor papers accom-
panying the ohl"tion- 50 that think II will be
"A matter for the consideration of the Commits
sion IN consultation how far, in printing the
testimony that may he offered, whether by Oh
l"otors or anybody else. We ought To- 20 II may
be- "A question for consideration whether time
would warrant us IN receiving and printing
everything nat may bee proposed ON either side.
senator Thurman-Mr President. It l. true
cert acs To- hc iaid hdf"re IN" c"mmusi ,'iS
hut u also authorizes IN" commission 10 take
INTO view AL documents. dcposltons and other
papers thAt mny he competent and pertinent To
this inquiry and u W. have received papers
from clthcr " th" Houses which, in the o-tima-
ton oi the Houses. II Is proper 81 send t. us il
seems Ia ~" TINT We must look AT them and see
whether they ar" competent and pertinent. |
think therefore that the motion 10 print ought
Representative Abbott Mr. President, Think.
in looking at the law. the objections only ARE to
be- sent here. and fhnry that those papers If
they are sent here al all. must come az part of
the objections. 50 that. perhaps, the motion to
print the objections would carry with i n"crs-
-arilN, the printing of thos" papers. | do not
-re how th"y got here except as papers accom-
panying III" c"rti at"s. or ~ part 81 the ohl"c-
tons. or course hay" no desire t. impede the
printing of the objections or tn" certificates, but
scnu,5r Eimunds- Prcsiicni; In order
Tint "" may consider TINT topic. moy" the mo-
tion of Judge Ahholtb be- for the time being laid
upon TIA" table. 40 that We may consider about II
Representative Abhott-I withdraw the mo-
lion Tor the time. 10 bee renewed at a subsequent
time.
Thc Presiding Jus,lce-I am requested now to
call for IN" names oi counsel who appear IN the
cns" ON "uch side
sci ON our sld" W. have Mr.. OConpr of Nrw
1r.rk. Jndsg Bo'k Il pgnn-ylNa9in, Judge
IN" Presiding Ju1tlrr-touuSrl not eNcced-
ins two ia number ON oa. 10 side are allowed 10
pnrt 'lputn in argument
Representative Fcd-Wc have not scleotel
those iwr. only mentioned the names to YOU
in answer Ia the question. how many tlrro are
VINO ARE concerned IN tine ciS,. We shall ar
range that matt 'r in course of th" evening.
The Pruslilng JuSti','-Thut viii answer.
Who nr" couns Oh the other sidof
Mr. ENnrtS-As representing ohgccfOrs to cor
tilrHtrS other than thoso that have hrcn roprr-
int'd in the enumeration nV Alr Field. Iwill
stat" thu M'Ssrs. Sipughtpn, Stanley Matthew's.
Nh"llhimrgrr. ana myself ar" rNpe ted 10 reprr-
-"nt ohJr'torH IA some Oi the cnsrr which viii
appear; nni would nsk the insiru tiun Of the
Court 4 ~ pertinent tp make IN" inquiry -Hs
20 whm u IN 'luded in the phrnse. On the
merits oi any raS" presented tO IT, whether
that nrhnS any issue lolned ON objections to
any pnrll'ulr ,"rtlliiNte or whether 1t includes
all which arises ia the caae OF particular
Std"f
Thr Presiding Jusilro-I think tho counsel
Will hnVu 90 lnisc of thui mnit r for Themselves.
Unless they have spnn question 10 submit Ia
the commission Il IN hardy within the province
of the prrsliin" Justice 10 determine thut.
Mr.. Evar,s- We understand then. If the com
mission please. thHt the designation OF two
counsel Will BIZ sum lenty early made when the
ease Is upf
senator Elmunis-That is merely for the
final argument.
The Presiding Justice -Aft'r tho obJrctors
have opened the oFlse.
Mr. IMTs- So wa understand.
MIR. Justice BrRdlry-l suggest to Mr. Fvnris
that probably the construction of thnt would be-
80 tl tll-n Du merits % nht brtunittul ,tt,.a