The New York herald., 1877-02-03
THE COMMISSION.
The Active Work Of the Tribunal
Commenced.
ARGUMENT ON THE FLORIDA CASE
Representative Field Presents the
Democratic Case.
WTIATING EFFECT OF FRAUD
The Will Of the People Versus
the Canvaesing Board.
REPUBLICAN DEFENCE OF LEGAL FORM.
Mr. kasson on the Limitations to the Power
of the Commission.
VITIATING EFFECT OF FRAUD
The Will Of the People Versus
the CanVaesing Board.
REPUBLICAN DEFENCE OF LEGAL FORM.
Mr. Kasson on the Limitations to the Power
of the Commission.
[BY TELEGRAPH TO THE HERALD. |


WASHINGTON Feb. 2, 1877.
ARGUMENT IN THE FLORIDA CASE BEFORE THE
ELECTORAL COMMISSION N-pos1TIoN OF THE
OPPOSING coUNsEL-THE PROSPECTS FOR
DECISION.
Tho FIRST day. OF the great lawsuit before the Electoral
Commission was OF such nature that IL Is generally
believed bore tonight by lawyers members of Con-
gress that decision may be reached In the Florida
case by next Wednesday or Thursday. Mr. Field made
the opening speech and showed somo length that If
there any legal way by which dcrauded State could
right itself that legal course had been in orida
Abiding to the fact that the Hayes Returning Board
had been subjected TO notice of suit in the State
courts before they acted and had acted defiance of
the writ OF quo scarranto, Mr. Tucker who followed,
remarked that there was in the State the election unc.
tion, the people, and tho determining Junction. the
Returning Board counting the Iattor aside tho
former, such action, he held be illegal and void
otherwise good could result from the voting by the
people
Mr.. Kasson, who followed for tho republicans held
that there were before tho commission hroe sots Of
votes one OF these in every respect In legal FORM
having tho certificate OF tho Governor; another had
only the certificate Of the Attorney General an officer
unknown in these proceedings, and tho third an
post dcto affair altogether He could not sec any rea-
son for hesitating in such case.
Mr. Thurman asked MFR. Kasson whether he
would hold that II four federal ONCE.
holders, incapable under the constitution to bo eect
ors, held the government certificates, and up tho
volc Of tho State, tho commission would bc pre-
cluded from inquring into their status.
Mr.. Knsson reserved hts reply, and atcrward read
statement to the effect that he thought Congress might
by law, provide for judicial determination
Of personal or political disqualincations, but
soud not Interfere with tho discharge of tho
legislative or ministerial duties Mr. O'Conor
Is expected to speak tomorrow. He was IN excellent
spirits this evening and said that he believed that the
democrats have an incontrovertible Florida
Tho question how far the commission shall 20 into the
case In this or any OF the States is the really
In argument On that very much will rost
Nr. Kasson is said by his democratic opponents to
have made worry strong aud able argument to-day.
PROCEEDINGS OF THE COMMISSION.
WASHINGTON, Feb. 2, 1877
Tho Electoral Commission met at half-past ten A. NJ.
The presiding Justice stated that the inquiry had been
made yesterday, "What is the case ?" TO which he
had taken the liberty to respond that It consisted Of
three certificates from tho State of Florida with the
accompanying papers and the objections to the same.
he would now say that two OF the objectors each
side will bc allowed to speak in the opening Of tho
No would first speak. He reminded them that tho
fourth rule allows them two hours which to state
the case. and argue support OF their objections
Then two directors the other side would speak,
subject TO the same rules and limitations
Representative FIELD-I desire to inquire whcthcr,
after the two objectors have spoken for the other
sidc we shall not be allowed the opportunity of re-
plying?
The PRESIDING JusrIcE-The rules make no pro-
vision for any reply the part Of the objecors. APP
plicaton for further time must be made to tho
mission, the presiding Justice having discretion In
the matter whatever. My view OF the matter Is that
one OF the counsel TOR the objectors to certificate No.
should open, aud that OF the counsel in favor OF
that certificate and against the obectors should reply;
and then the other counsel supporting the objections
TO certificate NO. will have tho floor.
Mr.. kAssoS remarked that whc his side had no
objection to proceeding far the objections
first certificate concerned this morning, his
ciatc and himself finding moro questions involved In
the objections to that certificate than supposed
would be found and not having had an opportunity to
examine them until this forenoon, he thought 1t
probable his side would be obliged the Court for
some little time before proceeding.
Tho PRESIDING JUsTIcE-The suggestion calls for no
ruling Counsel on behalf of the objectors for rtili-
nate tho certificates respectively Nos, l, 2 and 3.
Representative FIELD-Beforc proceeding, II the
commission will allow me, would refer to prclim-
mary matter. observe that rule five speaks of es-
tmony. Though am IN some doubt about the course
proceeding, II evidence Is admissible / think It
should be stated TO the Court before beginning the
argument that prepared to at tho bar or
In any tho Court may Indicate by depcsition
or Otherwise all that rs necessary 10 prove the alega
tons IN objections. We suppose that the papers
which to be presented here contain sufficient
evidence for all purposes, but ought TO state that
90 not propose to proceed with tho argument under
the impression that we have no other evidence on
which We rely saving OF course the question whether
the evidence is competent or not | wish to say hat
produce testimony here or anywhere, or in any
that the commission may direct, and oller to
do 1t in proof Of our case now or at any other tImc
Judge SrRoyG--It seems to me that the rules which
We have adopted place tho obcciors IN precisely the
same position as that OF counsel who opens a cuso
before 1t Is submitted to the jury. We propose
that the obcctors shall occupy exactly that position.
In their direct statement their objections thcy will
what their objections and how tncy propose
TO support them. The other questions VIII come up
aerward in regard to the adm'ssbility OF evidence,
anu tho other counsel Will reply
Representative FIELp--That, Of course, will be en-
tircly satisfactory to us
SPEECH or MR. FIELD.
Mr.. FIELD then, behalf OF the obectors, addressed
the commission He said:--
Mr. PRESIDENT AND GEyiLgMEN or THE ELECTORAL
CoMMissIoN:1t Will be my endcavor in the statements
which make 10 set forth with as much
concisoncss as may the facts which we
expect 10 prove and the propositions which expect
to establish The power devoIvcd by the federal con-
sttuti0n upon the States OF this Union was In the
of Florida exercised by the electors OF the State
directly appointed by the qualified voters Of the state
at the general election That election was held on
7th day OF November 1876 II was quct and orderly
TO far as we are informed throughout the state, and
remained only TO gather the returns OF the The
result OF the voting was majority iavor OF the
electors whom, Tor convenience onIy-for | would
rather not speak Of candidates will dcsg-
nato tho 'TiIdcn electors" Nevertheless ccrtn-
cato comes here signed by the then Governor OF the
state certifying that the Hayes electors had majority
of votes BY what sort OF juggcry that
complishcd now take II upon myself TO explain.
CHANGED.
BY the law OF the State OF Florida the counties arc
divided into precincts and the votes OF the polling
precincts returned TO the county clerk where they
are canvassed by certain officers, and these county
can nvasscrs certify to the State vasscra
Mr.. Field then read from the evidence OF Andrew
A. Allen, Sheriff OF Baker county, Florida to the
effect that he and Judge Driggcrs wont to the clerks