The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-14


could be made, and he had no secretary of
state to certify his signature. He asked
did any one contend that this commission
either has the power or the means or the
time to purge the election in Louisiana, to
pass through the whole system as 1t was
displayed there on the seventh? To ex-
anime into every poll, or even to read The
mass Of ba' derdash under the name of evil
dence sent here, and half of which was yet
unprintedf He urged that the commission
were exercising to certain extent a
political, not judicial power, and
said l draw very clearly in my
own mind the distinction between the
power of political tribunal TO determine
the election upon apparent prima facie
right, as 1t appears upon the laperS sent up
to you, and the right of a judicial tribunal
when two parties are before it, one claim
ing to have been virtually elected and that
the other has not been. In that case no
man denies that judicial tribunal, clothed
by law with power, can pass behind all re-
turns, all papers, and can inquire into the
veritable facts of the case and determine
according to the very right. Now
l don't believe that by any fair
construction of law, or by any proper
construction of the powers of the two
houses as given by the constitution there
exists either in the two houses or in this
tribunal the power of examining into the
very right as IL you were court sitting to
try case of quo varranto brought by one
candidate for the presidency against anoth-
er in occupation. Mr.. hurlburt then went
on to speak of the general custom of arriv-
ing at the result of the election, commenc
ing with action of township officials until
final action taken by state canvassing
boards, and said In Louisiana the process
was reversed, a returning board having
been called into existence there owing to
the fact that there is not that
reverence of law which prevents
trusting local neghborhoods With power.
After reviewing the Legislation creating
the Louisiana returning board, he then sub
mltted that that board having been consti-
tuted the final judge and only tribunal
which has right to give prima facie GER
tificate of election for all elections held in
the state, the question gravely resolves it.
self back to this whether the presiden-
tial election OF 1875, in which certain per-
sons we're chosen as electors, was an cleo
ton held within the state of Louisiana ?"
| If it was, then these men have jurisdiction.
Abiding to the proposition of the
| democratic DIRECTORS to 60 behind
the certificates and examine testimony, he
said there was not in the fret place time in
which to do it, and that the supreme court
of Louisiana had refused to do 80 in the
case of Collins We. Noblack, to which he
referred the commission. In conclusion
Mr.. Hurlburt said: Thus the supreme
court of the state itself, as regards its own
legal action, has decided that the return
made by this board and required by law to
be died with the secretary of state, and also
required to be promulgated by publication
in the papers 10 the evidence on which the
governor gives commission to all officers il
the state, and that these returns add decls
rations are prima facie evidence which car
only be gone behind in Judicial trial
Now apprehend that this commission il
not sitting nor can it cit as a judicial tri
bunal to try which Of two candidates
named for president have actually beer
elected, which is entitled to hold and enjoy
the Office.
Mr.. Howe followed also for the republi
can directors. He claimed the votes Of tn
democratic electors should not be counted
because there was no evidence that the,
were directed by legislature of Lousian
to vote for president, aud there ought to b
such evidence before they were received
McEnery's certificate was worthless as h
was not governor Of Louisiana, fac
which every member of the commission ha
been called upon in their several capacitie
of senators, representatives and judge
to pass judgment upon. Kellogg
on the contrary, was governor {
: Louisiana and bis certificate was entitle
to respect. If the commission felt Gale
on to go a little behind that certificate the
would find the returning board had de
clared that the people of Louisiana ha
/ voted for the Hayes electoral ticket. TIL
commission was asked to 60 still further
= If they did he could tell them what the
would find, for he had been men
Der Of the committee that examine
q into the Louisiana election. q
3 stated that he had among h
papers the schedule of eighty odd differeI
outrsges committed in Louisiana durin
| the last few months preceding election
{ He gave this on his own responsibility {
the committee had not yet made it's repor
8 He showed the great changes that hay
. taken place in the republican and dem
I cratic registration lists between 1872 ar
. intimidation. In conclusion he asked Il
: commission to listen to the lawful voice
l. Louisiana as you would any other sta
: and give weight to it.
l. At the conclusion of Mr.. Howe's arg
q ment, Judge Campbell said that Messr
l. Carpenter, Trumbull and himself wou
e appear as counsel for the democratic si
T. in this case.
% Mr.. Evarts announced that Messl
10 Stoughton, Shellebarger aud himself wou
e. appear for the republicans.
lie Judge Campbell requested that the tin
le for Arguments be extended to six hours +
ie each side, AID Mr.. Abbott submitted m
30 ton to that effect.
D. Mr.. Garfield moved to amend by makiI
10 the time four hour hours for each sic
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