Show THE commission evarts anil and argue tile kurtty points what say about the collat slow but sure progress or the ho august body feb 5 3 judge clifford called abo electoral Eleo toral commission to order toon coon after 11 this mor mornion DK the journal being read mr evarts began lit lis argument ile ha first con and said it was VM jug suggested that bat certain of papers paper brought bj the ho into ibo th presence of fabii bo wee to foro fare it as evidence what eliceo pa atre contained was eel el on his bai side eido and unknown to tb ba Commire ioD the Us clam it lla 1 they were before the cammi sion aia wa bused on the fact act thil that th ibey ey were mentioned ja a of a of the ibo obligations the ob 06 ejects were not dot pica but the iho not act upon which this ibi reference arise II if the iho volunteer objectors on one ODO side B rie or the other mako make up the packages pok goi ill action be singular slid and not in A with wilh law as a to whether the ovide evidence oce before either ol of the houses is Irs asmis bible able ond and may be laid bid before the be it il is a question subordinate to that whether any could bo be received horo bore no viewed the proposition submitted by on oa saturday the evidence yi damoo we acs not to show how abat tho the ol of Go governor verLor stearns falsified but to gw gi into tho the record and to may y that bat romo othero her a between tho the deposit dorleit of 0 ballots in ia tb alio 0 billot ballot boox and tho the coloty canvass or between coloty lod and state stala there boa baa base a mistake or rand fraud ana an j that items eoma where in the process of 0 the election irom from binge to 10 stage there hail had been matter for or judicial inq alry if justice tolerated it or the iho of tho the Commie commission sion al owed it it would irregularly carry cany antin inquiry ry into ell all that related to tho the elect that the certificate was it in accordance with the bo not of 1791 1792 was not nor was it proposed on it abo other bido bide to show chow that the facto as certified liGed to exist ly any extrinsic evide evidence oce clad and it was further poopoo d to introduce evidence in show that bat humphreys humphrey was a boiled states slafca officer this was a met moter moler of for or it was ta matter of diionna on at a meeting c of ibo can ca a board of florida nod he bo read the of humphreys that hit he bo had bad resigned ton tea days before the election ilia had beon been accepted andt andulo lo du ice KB of the bo discharged by the collector of 0 abo port ot pensacola them was vie a q ettima whether the two no houses at the hie counting counti nR of abo tote bad any power r th tho ta law ia lee the ol of proofs iii ilia a proposition was that at that stage the two could not in n the iho subject or of proof and that the process must RO go oo on when all tile the guards guarda had bad been passed from the people tho bbate authorities up to 0 o this kowt pom ilia ce lifie raual must edund bachal e and esch able in reply to tho the question q notion by mr Thur thuriso mso whether if it should up ap peer pear that the atra acre members ot at Co canites the iho votes totes coull not be counted ho he said eaid there acre ws wits no DO safe way except to 10 say eay that the be injunction laid upon the states sidles did dd not t execute if t I 1 iba be states did no not t execute it congress must by law provided for or its it execution alion bind and that liw law did not now exist thin tribunal cannot boita avi ati denoe in addition to ot of the nature ol of that which is that is evi letice that goes goca beyond tho the states record ol of is election whish has boon beon certified by the governor hor so as resulting resul tinK in ia the ol at this ibis proposition end and on which it y it rate it la is that thora is ia a judicial inquiry into the very matter of 0 right and title to office cibo lor for it accepts as it its function the prevalence aleace of ahe h former the certificates are the recorded title of tho the electors eleo toia and we propose then to inquire as ai to tl the 3 ic r ter er parta parts As 96 catter of right which of 0 ilia iho competitors competitor i tro are really electors elector on an honest honed and searching eor ching it anderla kc 3 no DO office moo that is judicial anatoe and the powers for or its exercise are attempted to bo be invoked in favor of those who support boppert that view by the e of ot of po power cr ayio adea adequate bato means mcane W what I 1 at tie are adequate means adequate quote means for that investigation to 10 that of right noil god inquiry tire ire ta plo 1 nary cary weada thoro there aro are DO means mean 9 ju ja that aro are for ir that inquiry that are arc dot cot plenary pl eniry and tie no plenary judicial jadi oil powers cm can be coo com under doler our b by y to FAY cy nothing ot c millor powers that hit aro are judicial in ia their no n tore larb except to tribunals that are court tribunals that TO are interior to the supreme court and nd that tro era filled by jadlos ay by iy the ol of ibo united EIMO and confirm confirmed edt by y tho the senate kente no ens case of election ko tion was iris over ever trinid under the iho lobe boote or tho be status of a tribe dal without a jory mr evarts concluded his b n argument at 1215 laying broken one hour boar and thirty five minutes min ulca mr chries ch ries proceeded to lo address the iia he evs 1 aa la in ref crenco to the inquiry lithio roach reach of the the cc on the two kadoi stool io in direct diorec conflict lie iio claimed the commission ld had the tight light by jost jast bud nd p proper r riper mean to loir quire what was ili iho 0 veto etc otc of cl F alrita lr ita u bilo the ibo other ido aide wain bained it must mui t retain tho the tidied cc to by the ibo governor tholow abo pow era or of the omm stion were tally fully ex cx pretsel on the immortal paper destined dea to into history with ibo action ol of this coni miti iou on the iho elect clid orl oral liu dal uj has tho the battle powers BI as the lb two 11 0 us s acting together or action and this brou plit the question whai were the dowers of the two tro cloues acting separately or together tonch lonch iob the 0 cl lo eolion olion that no power w whitby I 1 thy ot of the ibo dime greeted to 10 tho the president of tho the bensis is ig able ebli on 00 the reading 0 of the concilia lio leonand tiona nand oil that thai he bo had rower to bim himell elf leboro the ibo two lo 10 bouses and pea open tho the lie he bj bed no co right to open abom at boy any other timo lime slid nd lil had DO to io in quite quiro jut inan them his caties rare era merely clerical iccil the vico vice president wu to lalive the cc batot hey were to ler boar no DO earmarks to design decolo dc colo sto whit what they were the constitution required that tbt he bo open ill all ILA certificates that come to him indicative iDi lotio til of wag tuch buell there adili do bid bia duties lut but atoa loa wo 0 come to III alln count w 0 ora iri oot not told that tbt there ahll bs ba a count of c til all the but bot thit that the votes shelf to lo this imp implies lles B pro inquiry io vi alist hit were ibo votes totoa no Is 0 provision loll 1011 WH was made 44 to the made 01 ol of coun counting bud it WAS ITH bolt by kuhli cation lor for base who were to id act officially on ilo ilia votes presented sir noor concluded coDo laded thereupon the commission took a until when they will hold a private ros ro s oa for or 0 after recess tho the commission Coin re ra manooj in facret caien stout 20 ni foutes and after authorizing 0 o that there would be no DO public boubion tomorrow to morrow adjourned to meet at boon tomorrow to morrow |