The New York herald., 1876-12-11
GOVERNOR GROWERS UNTENABLE
POSITION.

REVIEW OF HIS ExcELLENcy's OFFENCE OF
HIS ACTION ON THE ELECTORAL QUESTION.
To EDITOR HERALD:-
May review tho statement OF Governor Grover, OF
Oregon, tclegraphcd TO your paper, containing 'thc
grounds OF his action 'in granting certificates 10
electors IN Oregon"
He says "Thc laws OF Oregon require tho Governor
TO gran. certificates electors duly elected" This Is
untrue. Thcso laws do not require him to grant
ihcaes to electors at ALL bu merely to sign two lists
Nor is he required by these laws deliver any such
cedcat,s to electors; but It is the duty OF the Score.
tary OF state TO do that and also afx the soal OF
the State to the same. quote only the statute OF
oregon applicable the subject. from title o. chapter
H. section CO. page SIS Of Deadly and Lanes general
laws OF oregon, lsl-lS72, published In 1874 as fol-
lows
THE LAW SUBJECT
The votes for electors shall be given received returned
and canvascd certified ooservel the same are
81 Congress The Secretary Of shall prepare lists
o. ne ams. @ o tue na ss b. Inc ov
Of State and BY the later delivered t.
first Wedn .sday IN December.
or WHAT PRLCEDEs THE CERTIFICATE
OF what shall prccede the act Of certhcaton. e,
the giving, receiving, returning and canvassing the
votes electors the State law says THESE matters
shall be attended 10 IN the same way that like matters
are attended to the case OF members OF Congress-
Therefore, u mistake Tor the Times OF Friday, in
its leader to assert, citing title section 81, that 't
Governor
OF the person having the highest number OF
votes" as applicable to Presidential electors Section
81 applies to Secretary and Treasurer VI State Stalo
Printer, Justices OF Supreme Court, members OF
Congress aid disric attorneys As 10 these only tho
Governor shall grant certificate OF election TO the
person having the highest lumber OF votes Title Is
tho only which applies Presidential electors,
and there mode OF certifying separately prescribed,
as have shown.
DUTY OF THE SECRETARY or STATE.
SO that II appears that he Secretary Of State Is tho
officer to prepare the electors alter canvassng
81 .x,ntoa In pf fhn a
Governor and Secretary TO sign these certificates
(Scctions 81 and 60 And, therefore, tho Governors
nrst statement is simply untrue. The or
sists reference the oath OF Governor to sup
port the Unied States and the State constitutions and
the law prescrib qualifications of electors, fol
lowed by statement OF what may be termed tho
thereon and upon what constitutes a vacancy In
other words, he assumed judicial functions called
parties court heard their ard passed upon
their riebis And for all this hero is his only author
ily. the words oi the statute, Sucn lists shall 90
signed by the Governor"
A more ludicrous exhibition has rarely been mado
than offered lawyers, NJ least by the conclusion
OF this Governor that the voters for Watts knew
tho fact Of his disqualification Tor the Office, yet voted
for him wlfuly, so that the law must imply wanton-
ness on thor part, and leave them right to
plain or tho consequences Hc is the guilty bc.
cause dcberaton Of his conduct, for he heard
argument, and had time 70 reflect lis premcditation
is for the present matter OF inference.
A better man. John T. Doyle, OF California; In an
article in the IYortd OF Saturday, falls into the samo
error rs did the Timcs He cites tho statute,
which does not apply and then proceeds 10 argue IN
general way that when the Governor Is about 10 act
under he should ascertain who is disqualified OF the
electors elected and reject SUCH should state that
he assumes that Inclusion for nis argument IS mere
begging OF the question, and deserves no answer cs-
peciay as he cites neither text book nor adjudication
X. WARNER.