The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1876-12-14
That Oregon Vote.
GRoyER SPEAKS.

The following dispatch to the New
York Herald, speaks for itself:
SALEM, OREGON, Dec, Z. 1876.
To the Editor of the He,"ld:
$ AT your request give you some
the grounds of my action in granting
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 swern to support the
Constitution of the United States and
OF this State. In the election of pres
ident and vice president tue constitu-
ton OF the United States is the para
mount law. That instrument declares
that no person holding an Office OF
honor or profit under the UnitedStates
snail 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 profit
and trust under the United States, to.
wit: Postmaster of Fayette, county,
seat of Yamhell county, and had so
held that Office for more than three
years. Many more than the number
of votes constituting his majority had
actually passed in and out OF his Office
on official business. His official char.
acter was generally known and was
mentioned during the political discus
sion OF the canvass. The law was
known and the fact was known rem
dering him disqualified to be an elect
or. A protest was filed in the execu-
tive Office by prominent citizens OBJ
iecting to the issuance of certificate
to Watts as a person disqualified, ac-
cOmpahied by proof OF his disqualifi. :.
cation, and demanding that the same
issue to the eligible person having the
next highest number of votes. A re-
ply was filed otjccting TO anything
but the count OF votes, and q certifi-
cate on the count, and making no de-
nial of the disqualifiing facts. 1t was
ruled in the case that where the OBJ
lection 10 the applicanps right TO re-
ceive the certific8te rests upon the
ground that n constitutional prohibi-
tiOn is interpOsed. the governor acting
under his oath to support the consti.
tuition, is bound to entertain and de-
termine the question; not only that,
but is TO determine in such way AS
to enforce the constitutional mandate
to the extent OF his executive power.
1t was also held that the law and facts
being well known, the votes cast for
the ineligible candidate cannot be
counted tor any purpose, and the eli
gible candidate having the next high
est number Of votes was duly elected.
This ruling was based upon standard
authorities, such as Gushing and Grant
decisions of many courts like the Su-
preme Court and Court Of Appeals of
New York. later uniform practice in
the United States House of Repre-
sentatives and the great weights of
English authorities. both parIiamenia-
-ry and judicial. The law OF Oregon
providing tor the filling of vacancies
in the electoral college recognizes q
vacancy only in cases where there has
been an incumbent and such i..cum-
bent has died, refused to ACT, neglected
to attend or is otherwise absent. In
this Office there was no inculn bent un-
less the next highest candidate should
take the position, and there was no
vacancy which could be filled by other
members of the electoral college. The
next highest candidate eligible under
the constitution of the United States
was thereupon certified to be duly
elected. l.. F, GROVER.
Governor OF Oregon.