Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1877-02-14
Hayes Stock Still at Par.

mission assembled in open session at
Ii O'Clock, counsel on both sides
present except Judge Black. Justice
Clifford stated that proceedings were
now in order, under orders adopted
by the Commission yesterday. Mr..
Green, counsel on the democratic
side, called as witness George Rae,
of Florida, who resides in Tallahassee,
and is Attorney General of the state.
Question-Were you present when
the writ Of quo scasranto was served
Evarts objected to the question as
not within the order of the court.
Green said they proposed to fix the
date of the quo ,cd,Tdnto proceedings,
as they did not consider that the Or
der Of the Commission excluded that
question. The question was then
put to the court and the objection OF
Evarts was sustained.
Mr.. +. d. Humphreys having been
identified, counsel Green presented
the Commission Humphreys certifi-
cate from the clerk of the court, in
which a communication was filed
that no resignation had been filed up
to Jan. 24th 1877. Humphreys was
called on the republican side and ex-
amined by Stoughton. He testified
that he resigned the office of U. S.
Commissioner, and his resignation
was accepted Oct. 9Th, by Judge
Wood, from whom the office came.
Witness produced the written &C.
ceptance of his resignation. Merrick
objected to the production of the
paper,as it was an act of an individ-
ual, and not the act of court. ITO
Stoughtonl The paper was received
from Judge Wood in answer to his
resignation, was accepted, and until
he, Wood, could come to Pensacola
and hold court the duties would be
discharged by the Collector of The
Port.
The introduction of letter from
Hiram Potter Jr., collector of customs
dated Oct. 9th, 1876, asking witnes.
to turn over the books and papers Of
his office, was objected to by Merrick
Witness stated that he did turn over
the office, and had not exercised thu
functions Of the office since. Cross
examined by Green.-The letter wa.
addressed to Judge Wood, at New
ark, Ohio, and reply came from
there. There had been no session O,
court at Pensacola since that time
The testimony here closed. Justic.
Clifford announced that the whole
case was now ready for argument
and, under the 3rd rule, each side
would be allowed 2hours.
Merrick said they had to ask tn,
indulgence of being heard by three
counsel, and that as some important
questions had arisen this morning tha
the time be extended another hour.
The Commission granted the ex
tension asked and Judge Hoadley ad
dressed the Commission. He con
tended that the tender of his resigna
tion to the Judge in Ohio and his &C
ceptance of the same by the Jndg,
was not an act of the circuit court O!
Florida and that therefore the resig
nation Of Humphreys had not beer
legally accepted and he was conse
quently at the time, holding an offic,
Of profit and trust under the u. s
and therefore he was ineligible as al
electOr. The effect Of fdisqualificatio,
extended not only to him as an elec
tor, but to the state which appointed
him. This view he supported will
quotations from the debates whel
the constitution was formed, holdins
that selection Of ineligible elector
worked forfeiture of the vote to tn
state. 1t was intended to protect sew
eral states against the illegitimat
use of federal power in anyone state
Time had not shown evidence tina
federal interferences were any les
than our forefathers had apprehend
ed. In 1887 five postmasters wer
am0ng the electors and Clay intro
duced resolution directing a join
committee to inquire into the enlarge
ment of the constitution; this the
held 1t the duty of congress to TAX
|. testimony and inquire into the facts
J The committee did not find time +
J ascertain whether parties of the sam
name were the same individuals an,
; AS their votes would not change tn
; result tho inquiry was not carries
out, but at that time the idea wa
entertained, although the convention
did not SO think that q single dis
, qualified elcctor vitiated the whole Q
the electoral vote. Judge Hoadl
quoted English authorities to sh0y
( that in the event Of the election Of q
Ineligible individual the election wa
void there was no American prece
ldcnt TO the contrary, although ther