The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-02-05

WASHINGTON.
Debate in Electoral Commission.
The Louisiana Investigation.
Gov. Wells Letter. He. Courts
Examination.
Presidents Message on Specie
Resumption.
Proceedings BEFORE The Electoral
Commission on SAturtIaV.

JuHtIce hS 10 Tue order oil procedure 10 b(
observed, TO the effect that in his view H
would be in order for the Democratic
counsel to present in brief, reasons VIII,
the Hayes and Wheeler electoral certi(i
cate should not be received, and that The
Republican counsel might follow with
reasons why the Tilden and Hendrick,
certificates ought not to be received
Mr. Charles VCOnor, OF New Rork, oI
the Democratic counsel, arose and pro,
cceded TO address the Commission. liz
said he would address himself 10 whal
seemed most pertinent in the Florida
case, and would offer proof why the lrsl
certificate (Hayes and Wheeler) should
not he counted.
Mr.. Wm. NJ. Evarts, Of New York, Of
the counsel for the Hayes and Wheeler
electors, said that il the order of proce.
dnre suggested by the Presiding Justice
should be followed, il was the lirst inli,
nation the counsel on his side had had
OF it, and that they would not be pre.
pared TO go on today.
The Presiding Justice stated that his
remarks were in the nature Of n sugges.
ton, and did not enlbody ruling Of The
Commission.
Mr.. OConor, after n few preliminary
remarks AZ to what he thought ahonltl
be the method Of procedure, read brief
setting forth what he thought ought 10
he submitted as evidence. lIe said that
on December 9th last the electors for
Hayes and Wheeler and Tilden and Hen.
dricks met and east their vots and trans.
mlted the returns to the seat OF govern.
ment. Both sets OF electors complied
with the requirements OF law. A writ OF
quo irdrrdntO was served OH the HAYES
electors on that day, before they can.
yassed the vote, which eventuated in a
Judgment against them and in favor Of
the Tilden and Hendricks electors on the
9th OF January, 1877. He then reviewed
the action Of the Courts OF Florida, and
Of the Legislature, ordering reCanyass
OF he votes, and said the Canvassing
Board, without warrant, threw out the
whole OF the returns from Manalec conn.
ty, and part of the returns from Ham
ilt0n, Jackson and Monroe counties. In
conclusion, he referred TO the ineligibil.
ity oil Humphreys, one OF the HAYES elec.
tors, who was United States Shipping
Commissioner.
Judge Black, Of the Democratic Coun.
sci, arose 10 make suggestion rs 10 the
method OF procedure. He believed that
be had the right TO suggest what evidence
should be presented, and 10 speak on
that point,
The Presiding Justice said no evidence
was before the Commission.
After a solliloquy between counsel and
members OF the Commission
Senator Thurman asked the HAYES and
Wheeler counsel what objection there
could be 10 receiving all'thc evidence
suggested by Mr.. O'COnor, subject to OBJ.
jectiOnS.
Mr.. EvarLs briefly gave his reasons for
objecting to the method Of introducing
evidence proposed by the opposing coun.
sci.
Judge Black insisted upon it that the
evidence suggested by Mr., O'Conor has
already been taken by the two Houses Of
Congress. Committees were sent to Flor.
ida, took evidence, had ii printed, and
thus made 1t n part Of this case. That
taken by the House was submitted to the
House after fierce struggle, iillibuster.
ing lasting half night. He could not
conceive anything more unjust than to
compel them to submit evidence piece.
meal. When q party files bill, in a
court OF equity he may put in all the evi.
dence he chooses, and the same is true
of the party filing an answer. The eyi.
dence cannot be rejected, but must be nc.
cepted as a part OF the record. while
Judge Black was speaking, two special
artists ION the spot" were bnsily engaged
sketChing the scene oi the court room.
The Presiding Justice said Judge Black
had exhaustedthe fifteen minutes allowed
him. .... 49,. ......
Mr.. Justice Miller moved that the
counsel on either side have two hours in
which TO discuss the objection OF Mr..
Evarts, rs to whether any other evidence
than that laid before the two Houses ol
Congress by the President pro iempOre Of
the Senate should be received by the
commission.
Senator Thurman thought the argu.
ment ought to 60 further, and embrace
the admissibility Of testimony taken by
either Of the two Houses. The question
should not be narrowed down 10 the pa.
pers presented from Florida by the Pres
ident pro tenpore OF 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 offered q substi.
tute for Justice Miller's motion as
amended by Mr.. Garfield, but withdrew
it, and Justice Field renewed il.
The Presiding Justice put the question
on Justice Fields substitute and il was
lost. The motion Of Justice Miller as
amended was then adopted.
MIR. Evarts suggested that each side
have three hours instead OF two, and the
commission accepted the suggestion.
Mr.. Evarls suggested that counsel have
more time 10 prepare their arguments
and the commission took recess until
1890 Pm.
ARGUMENT OF Mr.. R.T. MERRIcK.
On reassembling, the commission
agreed 10 hear one counsel on each side
to-day, and the others on Monday.
Mr.. OConnor said he presumed the
three hours allowed each side might be
divided among counsel as they might
agree, and the presiding officer said that
was his understanding.
Judge Black asked II he might make
some general remarks, and let Mr.. Mer.
rick 20 into the details Of the case.
The commission finally decided that
three counsel might speak, provided they
did not exceed three hours.
MIR. Merrick then proceeded with his
argument. He said the proposition in
law before the commission was, what are
the powers Of the commission; what is
the evidence before the commission, and
what evidence II will 10 competent to in-
troduce He read from the electoral bill
TO show the powers Of the commission
and submitted that the evidence taken
hy tha Hnn0raaaianaI NnumifiAaa aAnl n