The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1876-12-20
GOV. GROVER.

His Reasons for Giving the Ger
- tificate to CrOnin.
7 The New York Herald has the
following dispatch from Gov. Grover
Of Oregon:
At your request give you some
Of the grounds ofmy action in grant
ing certificates to electors in Oregon.
The laws of Oregon require the
Governor to grant certificates to
electors duly elected. In taking his
oath Of Office the Governor is sworn
to support the Constitution of the
United States and of this State. In
the election of President and Vice
President the Constitution of the
United States is the paramount law.
The-instrument declares that no per-
son holding an. office of H55
TRUST OR PROFIT
under the 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 ofFayette. coun-
ty seat of Yamhel county. and had
so held that Office fore more than
three years. Many more than the
nnmber of votes constituting his
majority had actually passed in and
out of his Office on his official bust
ness. His official character was
generally known and was mentioned
during the political discussion of the
canvass. The law was known and
THE FACT WAS KNOWN
rendering him disqualified to be an
elector. A protest was fled in the
Executive Office by prominent citi-
zens Directing to the issuance of a
certificate 10 Watts as a person, dis
qualified, accompanied by proof OF
his disqualification, and demanding
that the same issue to the eligible
person having the next highest
number Of votes. A reply was filed
objecting toanything but the connt,
ofthe votes and a certificate on the
count. and making no denial of the
disqualifying facts. It was ruled in
the case that where the objection to
the applicants right to receive the
certificate rests upon the ground that
q constitutional prohibition is inter-
posed, the Governor acting.
sas-ts UNDER HIS OATH
to support the Constitution, is bound
to entertain and determine the cues
ton; not only that, but is to deter
mine in such7away so as to enforce
the constitutional mandate to the
extent of his executive power. 1t |
was also held that the law and fact |
being well known, the votes cast for
the ineligible candidate cannot be
counted for any purpose, and the
eligible candidate having the next
highest number of votes was duly |
elected. This ruling was based up
on standard authorities, such as
Gushing and Grant, decisions of
many courts like the Supreme Court
and Court appeals of New York,
Later uniform practice in the United
states House of Representatives and |
the great weights OF English author
ties BOTH 49, wm A /
y FARLlalENTA AIRY AND JUDICIAL.
The law, Of Oregon providing for
the filing of vacancies in the Elec-
toral College recognizes vacancy
only in cases where there has been
an eincumbent and such incumbent
Aas died, refused TO act, neglected
to ATTEND, or is otherwise absent.
In this office there was. no incumbent
unless the next highest candidate
should take the position and there
aas no Vacancy wllch could be filed
By any other members Of the Elec-
Loral College. The next highest
eligible under the Consti
tuition of the United States was
certified 20 be duly elect
"a. L. F. GROVER,
(nunrDnr Of nran0n