New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-15

fend the latter returns from the attack upon them
ana answer the Democratic points as follows: firsr'
they demonstrate by the law and by the decisions
of the Louisiana Supreme Court that the Returning
Board had full authority tn canvass the vote Ior
electors. Secondly, they assert that II any pro-
visions Of the statute as to proof OF intimldat"h
were disregarded, such provisions were directory
and not mandatory, and the failure to comply Win
them did not invalidate the acts of the board
Thirdly, they show by United States supreme
Court decision and by an array of other hlgh
judicial authority that the law OF 1877 can
not be interpreted to work the repeal Of the
section in the act of 1858 which provided for iing
vacancies in the Electoral College. Fourthly the
failure to fill the vacancy in the board by the APP
pointment of Democrat, they assert, was dsre-
gard of a directory requirement., reprehensible no
doubt, but not affecting the jurisdiction OF the
board numerous decisions are cited to sustain TINS
position. Filthy, they deny all the charges made
under this head as partisan allegations. Sixthly,
they argue that Congress, and therefore the Com
mission cannot 20 into the question Of nehgibilty;
in the eases of the two electors Levsse ana
Brewster they claim that they were legally put IN
to fill vacancies and that they were eligible at the
time they voted, having previously resigned their
Federal offices they held at the time of the election.
Seventhly, as TO the electors holding State offices,
they deny that they disqualified, and assert
that State cannot add to the causes OF neligiblty
prescribed by the Federal Constitution Elghthly,
il is shown that Gov Ingersol OF Connecticut once
certified TO hsIown election az electors Gov cEnery
also certifes to himself as an elector Ii cannot De
denied that the Republicans have very successfully
met fbe assault upon the legality of the Returning
Board and the validity Of the Hayes returns As 10
the corruption and fraud so freely charged against
H. ;c in
the accusations nor is the door likely TO be opened
10 admit such evidence The legal points against
the Jurisdiction of the board were the only ones
likely to prevail with the Tribunal as laws are
always in evidence. The Republican counsel wisely
devoted their skill and learning therefore, chiefly 10
repeng the attack on this line.
Long before Judge Shelabarger finished his speech
darkness invaded the courtroom, and was only
partly driven out by the feeble ights OF the stearn
candles, which were the only illuminating agency
obtainable At o'clock Mr. Shellabarger closed
The Commissioners in their zeal to push the busi-
ness along disposed to 90 on, although they had
sat continuously for nine hours. with the exception
of one recess of 30 minutes. Mr. Evarts whose turn
came next was too much fatigued to speak, now
ever and an adjournment was voted until 1918 to-
morrow. According to the ruling as to time there
remain five hours more to be occupied in argument
Il is the rm determination of the Commission to 60
through with this Tomorrow and to reach decis-
ion if possible tomorrow night so that report can
be made TO the Joint Convention on Friday.
new feature in to-days proceedings was the fire.
duency with which the Commissioners interrupted
the counsel with questions, sometimes asking for IN
formation, but often to bring out some point that
would strengthen the position of the party to whom
the question belonged weaken that Of the OPP
posing party. On several occasions counsel and
Commissioners INDUCED In an animated colloquy
with each other.