Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1876-12-09
LAST nIaHI's TEllaRAMs.


Nav lokk, Uecsnber r.-Ihe herald
pubiishss the following
SALEM. December .. 1s76.-To the Ed
itor Of the Hsraid-Sir: At your request I
give you somo Of the grounds Of my ac-
ton In granting . certificate TO the Elect
ors duly elected. In taking his oath Of Of
flee the Governor il sworn TO support the
Constitution OF tho United States and Of
this State. In the election OF President
and Vice President. the Constitution Of the
United States IL a paramount Law. That
instrument declares that n person hold
ing an Office Of profit and trust under
the United States shall bs appointed an
Elector.
John W. Watts, one Of the Electors
voted for in Oregon. was on the It'll day Of
November holding IN Office Of trust and
profit under the United States. 10 wit (:
Postmaster at fayette, the county seat of
Yamhill county-and he 10 held that Office
for moro than three years. Many more
his majority had actually passed In and out
Of his snicc on official business. His Off
cial character vas generally known and
Was mentioned during the canvass. The
Law Was known and the fact WAS knswn
rendering him disqualified To BE- an
Elsctor. A protest was filed in the EI-
ecutive Office by prominent citizens. OBJ
jectiag to the issuance % = certificate 10
Watts, as q person disqualified. accom-
panied by proof Of his disqualification
and demanding that the same issue to
the eligible person having the next
highest number u votes. 4 reply was fled.
objecting to anything but . count OF the
votes and 4 certificate on the count, and
making no denial Of tho disqualifying
facts. ID was ruled In the case that when
the objection 10 an applicants right to re-
ceive a certificate rests upon the ground
that . constitutional prohibition is inter
posed. the Governor. acting under oath To
support the Constitution, Is bound To en-.
tertain and determine the question. Not
only that, but he Is to determine the ques-
ton In such . WAY as TO enforce the con-
stitutional mandate TO the extent of his
executive power. II was also held that.
the law and facts being we'll known. the
votes cast for AN ineligible candidate can
not he counted for any purpose, and the
eligible candidate having the next highest
number ~ votes was duly elected. This
ruling Vas basel upon standard authori-
ties. such as Cushing and Grant, the de-
ci.ions % many courts, like the Supreme
Court and Court Of Appeals Of New York.
the uniform practice IN the United States
House Of Representatives and the great
weight of English authorities. both parliA-
mentary and Judicial. The law Of Oregon
provides for filling vacancies in tho Flee
toral College and recognizes . vacancy
only in cases where thoro has boon an in
cumbent and such incumbent has died.
refused TO act. neglected 10 stand. or IL
otherwise absent. In this caso there WAS
no incumbent. unless the next highest
candidate should take the position. and
there was no vacancy which could be filled
By the other members Of the Electoral Col
lege. The next highest candidate eligible
under the Constitution Of tho United
States was therefore certified to be duly
elected. (SigneiJ l.. y. GRoyER,
Governor of Oregon.
NEw YORK. December s.-Alluding TO tho
statement published that Tilden would not
accept the presidency through the Oregon
middle, the Ta,s says: The all but
universal opinion Is not only that Tilden
would he willing to accept the coveted
vote by whatsoever infamous means IL
might have been acquired. but that this
particular infamy in Oregon Is, In effect.
his own handiwork-suggosted, urged and
paid for out Of the identical treasury In
Grammsrcy Park which kept In operation
the labratory Of fslsehood In Liberty street
aud maintained corrupt and dsmoralizsd
expenditures all over the country. His
record as a lawyer. Spectator and noli-
tician stamp him a. cunning aud unscru-
puno., ~ ,"uh, mari,, ch.i,m.n
:, A.. h.mo.,s,ic N.,ion.l COMMITTEE
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f
ritaen's Attempt tn bribe nn Flee.
tor.
c,,c.oo noc.mL.r "A S.v o,ls,ns
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