The New York herald., 1876-12-16

rule OF construction applies TO this provision OF the
federal constitution, penal as u In charActery Is II
that OF common aw held? 10 Il that Of States
applied 10 their own constitutional or s II that OF
exclusive federal nlerpretatony II raised by contest
TOR place II would ind lis ultimate tribunal IN the
Supreme Court of the United Sates The inhibition Is
upon dn agency OF the States but that agency apart OF
States could control it they could nulliiy the clause
The end to be reached Is the popular Will As 10 The
federal government, power IS given In the words
..rhe vote shall then De counted by some agency Of
the federal government" To reach that end,
the power beng given, means necessary TO me
end implied. AS under the clause Each
house shall be The Judge OF the election re-
turns and qualifications OF It's members" the
means are implied and daily used to sum
mon witnesses, to examine elections and to judge
qualifications so the power 70 count the vote carries
with the power aud the to learn whether II IS
vote, whether IL rs vote OF the State aud whether
II be by those who are not prohibited by the fece
raj law from so doing. As there IS no case cited that
construes this provision Of the federal constitution,
aud the report OF Grundy. Clay and Wright IN 1887
this subject declares that the whole spirit OF this
Is at least premature to censure the Governorg
Whether he be right or wrong Is safely left TO an en-
lightencd view OF the law when We have the facts
fully before us Ny mind nclncs 30 The beicr that
third elector has been legally appointed by Ore
gon. Section l3l of the Revised Statutes rxes the
time OF the appointment; section 1873 provides Tor
filing vacancies IN the College when II meets ana sec
ton OF the Oregon law provides for nng vacancies
wnAr CONSTITUTES VACANCY.
What. then IS a vacancy To assert that vacancy
has happened implies that the ONCE before had IN
cuinbent This is rule oil law held by the Senate
In 1914 and ls22 IL is also settled by the cases cited
In Brightly Gs7, well as by Judge story, section
1,55g The statutes o Oregon themselves delns what
IS vacancy within their own meaning, and tho case
OF failure TO elect Is not Included II IT DO law, as
Seae nevns the minority Candidate is nos
elected then there is no vacancy. but
there is failure TO elect; Il SO, this
brings the within section ia Of the United States
statutes, which Ii, whenever auy Slate has held
election tor the purpose OF choosing electors. and has
failed TO make choice the day prescribed ty law,
such manner as the Legislature OF such State may
direct" II the doctrine Or friends be sound,
it follows that as the Legislature OF Oregon has
provided by law tor this case she has legally appointed
but Two electors
Mr.. MITCHELL, (rep) OF Oregon, said there was pre-
sented in this discussion n spectacle wherein no
Senator raised any question IN regard TO the
vote OF the people oil Oregon at the late election IL
not denied by any Senator, any newspaper,
oty of tho OF tho people OF the Stale o Oregon
Ut tho late eenon were cast for the republican cleo
He tMr. Mitchelp was not surprised that sena
this noor declined to come to tho front and de-
fcnd the action OF the Governor OF Oregon. lie was
surprised that the Senator from OHIO tMr thur
mani shielded hlmsolf behind tho opinion Of a lawyer
who could have been employed for $500 to deliver
opinion much stronger ON the other sdo What ho
tMr Mltchell) wanted know to-day whether any
member OF The democratic party was wiling TO rise up
In his place aud aiirm the right oi Governor Grover
TO adjudicate upon the eligibility of Watts
They dare not do it. He commented on tho action Of
Governor Grover and said was gross usurpation OF
power gross violation of law. He quoted at length
that Senators the democratic side OF the chamber
had ignored tho nstution and laws Of the state and
evaded tho question The right TO hold Office, he said,
OF the highest rights of an American citizen,
and asked how was hc to be deprived of that right
Certainly not by the act OF an executive officer
Under the constitution and laws of Oregon II
for eector ineligible his election must be
declared void by the decision OF competent tribunal
which tribunal was tho Legislature OF the
State That body he said, had The power to
declare vacancy and the othor electors, under tho
law OF the State had tho power to MI
the vacancy, and in no possible event had the Cover
The power TO say some one else was elected III tho
place OF Mr.. Watts. Hc next referred TO Louisiana,
For.1a and South Carolina and said thorc u
question in those States to which side had aor
ties Of votes, but there was no such question as to
Oregon.
Pending discussion Mr. Window, OF Minnesota,
the OF certain special committees and on his
motion the Senate nonconcurred IN the amendments
OF the House of Representatives, and committee Of
conference was ordered.
The CHAIR appointed as such committee MessrG.
Windom, Logan and Davis
COMMITTEE on THE ELEcToRAL VOTE.
Mr.. EDMuxps, OF Vermont called up the message
from the House announcing the passage OF u resou-
with a committee Of the Senate to devise some
method OF counting the electoral vote, and submitted
u resolution referring the message OF the House 10
select committee TO be composed OF seven Senator's
with power to prepare and report without unneces,
sary delay, such measure rs will secure a lawful
of the electoral vote and the st disposition OF
all questions connected herewith, and that said
m ttee have power to confer with tho committee OF
the House of Represcn tatves. Laid over until Mon
day and ordered TO be printed
Tho Senate then, ut i've O'Clock, went into exec
usive session, aud when the doors reopened adj
journcd until Monday.
HOUSE OF REPRESENTATIVES,.