The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1877-02-03
THE JOINT TRIBUNAL,
A Summary of TO-day's Work.
National Associated Press to the Star.


WASHINGTON, Feb. 8 Applicants for
admission to the auditorium of the ST.
preme Courtroom this morning were
very numerous and the applicants i'm
it being reported that Messrs.
UConor and Evarls would both adj
dress the Commission during the days
session.
The demand WAS refused beyond the
usual number Of tickets, which were
sufficient to comfortably crowd the room,
but not enough to supply one-.wentietn
of the applicants.
The Commission was called to order
at 1885 by Justice Clifford. All the
members present. Judge Clifford said,
under the ihird rule, counsel should
present the evidence they proposed to
offer in a close condensed and classined
firm, of course based upon the condi-
tion that evidence would be received.
The proposition, whether evidence
should be received, had not, however,
been decided, but Couns i would ncce.-
,rily act on The proposition as If eN
.ynce would be aumitleI till the Con-
mission decided.
Alter some discussion as to The m ode
Of procedure, MIR. O'lonor brief, adj
dressed the Commission, u ginS tDaC the
evidence should be admitted subj ct to
uues ions OF its relevancy and elect, 10
be considered with the whole case, ana
he then submitted his proposition OF eY
dence.
Frst-BUlh the Tilden and Hayes
Electors met on :h5 6lh oil December
an forwarded the same to the Seat o.
Government, with the exception that
lhe HAYES Elec. .ors were certified BY the
al
certified ny the Attorney General.
Second-The proceedings under the
writ oi quo warranto.
Third-rO show The common law of
Florida and the construction Of the
statutes as shown in the OuSting OF
5 earns.
FOurth-The legislative sine die
FiltL-That the uayes Electors re-
jected certain returns rom counties
named, and that Humphreys was an
tiirer under the UDiled States.
MI. EVarts tnGn proceeded to speak in
opposition to the introduction OF eyi-
de ce mainly Oh the ground that il au-
mitted it would be necessary to go into
The fundam .ntal Iacts in the election.
Mr. Black argued tnat most OF the ev-
idence was already before The Comml, e.
sion through inquiries III lde by the Two
Houses III ouyn their Committees, who
had come back and presented lneIr re-
port to the Houses, who received It and
made it Il part oi the record IN this Use.
IL would be the 6 eltesb injus ice
| TO require the evidence to b! Ia
ken up piecemeal and subjected to
objectlon in detail. He contended that
the evidence was already in,the burden
| OF prOCl resting on the party that
thought IL ought to 90 out,
Justice Miller submitted motion that
counsel OIL either slGe be allowed two
hours to discuss the question raised by
Mr.. EYarts as 10 whether any other mat.
ter hall be considered other than what
was before he TWO Houses by the Pres
| ldent OF the Senate.
WASHINGTON, Feb. 3-On reassem.
| bling alter the morning recess it was
arranged that one counsel OF each side
| be heard to-day and one On each side on
Monday; and it was further agreed that
three counsel might be heard, but not to
extend the Time.
| 1t WAS announced that Judge Black
woutG make some general remarks, and
MIR. Merrick would make the regular
opening, Mr.. o. jonor making the
lr. IL t, tIe Other side at the clos Q
0. .t.e debate on Monday.
Mr. Merrick however proceeded to
the opening, going first to the ques-
ton of tie power OF the Commis sion
rs to The regularity OF the evidence now
before the Commission, he thought there
could be NO question. The House hao in
q regular way, and by proper
committee taken certain testimony,
ana when the certificates were opened
the objection, with evidence on which it
| was based, with the certificates, re-
ferred to This Commission. He held
that it was now before the Commits
sion, whatever might be the decision
as 10 its admissibility. He opposed
| the proposition that the duties of the
Commission were purely ministe ial and
| that they could not look behind the cer-
tificates. lie denied that the 136th sec.
ton of the Revised Statutes made il
mandatory upon the executive to give a
certificate. He questioned the right OF
Congress to speedy qualifica.
tion absolute for the return OF
votes, and to declare that qualification
alone the only evidence that shall be
received, and that this evidence shall be
unimpeachable. IL is not in the power oil
Congress to tie it's hands or stop itsell
from inquiring what Is the true vote.
Judge Stanley Matthews followed on
the other side. He said the election oil
President and Vice President was not
single act, but a series Of acts. The
people selected their Electors, who were
| their representatives TO vote for,
all things considered, the best one TO
serve as President and Woe President.
The States had the power 70 select their