Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1876-12-09
OREGON.
Governor Growers Reasons fol
Hi Action.

New York, Dec. s.
The Herald publishes this:
SALEM, Ogn., Dec. 7, 1876.
To the editor or the Herald:
AT your request / give you some of
the grounds of my action in granting
certificates to the electors duly elected.
In taking his oath of office the Gov
ernor is sworn to support the Consti-
tuition of the United States and of this
State. In the election of a President
and Vice President, the Constitution
Of the United States is the paramount
law. That instrument declares that no
person holding an office under tie
United States shall be appointed an
elector. John w. Watts, one of the
Electors voted for in Oregon, was, on
the 7th day of November, holding an
office of trust and profit under the
United States, to wit: Postmaster at
Fayette, The county seat of Yamhill
county, and he had so held that office
for more than three years. Many
more than the number OF votes con
stituting his majority had actually
passed in and out OF his office on 9th
cial business. His official character
was generally known and it was men,
tIolith ulAfiiiS liiO RoiititNl uiSObESiCiio
of the 81 The law WAS known
and the fact was known rendering
HIM ineligible To be an Eleclor. A
protest was flied in the Executive office
by prominent citizens ohjecting TO the
issuance of u certificate 10 Watts, as u
person disqualified, accompanied Ivy
| proof of his disqualification and de
handing that the same issue to an
eligible person having the next high
est number of votes. A reply Mas
filed objecting to- anything but u count
of the Votes and a certificate on the
C )unt, and making N denial of the
disqualitying facts. II was ruled in
the ease that when the objection to an
applicants right to receive IA certificate
rests upon the ground that a conStitu-
lional prohibition is interposed, the
Governor acting under oath to sup
port the Constitution. is bound to Ell
terrain and determine it in such a way
az 10 enforce the constitutional "A
daudate to the extent of the Executive
power. 1t was also held that the law
and the fact being well known, the
votes cast for the ineligible candidate
cannot he counted for any purpose,
| and the eligible candidate having the
next highest number Of votes was
Gully elected. This ruling was based
upon standard authorities, such as
Gushing and Grant, the decisions
of many courts like the Supreme
Couit of Appeals of New York, the
uniform practice in the United States
House OF Representatives, and the
great weight of English authorities
both parliamentary and judicial. The
law Of Oregon provides for filling va
cancies i'm the Electoral Colleges; re-
cognizes a vacancy only in cases where
there has been an iucumbrnt and such
incumbent has died, refused to act
neglected to stand or Is otherwise ABB
sent. In this case there was no incum.
rent unless the rext highest candi
date should take the position and there
was no vacancy which could he filled
by the other members of the Electora
College. The mex highest candidate
eligible under the Constitution of thu
United States was therefore certified
to be daily elected.
(Signed) l.. F. GROVER,
Governor OF Oregon