New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-12-09
THE OREGON CASE.
A NETWORK PRECEDENT.

A NEW-1OKh
nFctsIoN OF THE COURT OF APPEALS RENDERED IN
1s72-TnE ELECTION OF AN INELIGIBLE CANDl-
n.ry Null, AND voID-BUT MINORITY CANDI-
DATE DOES NOT THEREBY SECURE AN ELECTION.
Tn an article in yesterdays TRIBUNE on the tech
nica questions involved in the controversy over the
electoral vote of Oregon. it was stated that the
Court of Appeals in this State had decided that an
ineligible candidate who had received majority OF
the vote cast, was not elected; that there was no
election that minority candidate had no title to
the office; and that the Office was vacant. Inc ue-
tails of this decision, which are given below sho"
that this precedent is a very strong one :.
Clute was n Supervisor of Schenectady, and I'M
der the law could not be elected Superintendent OF
the Poor while retaining the first Office Neverthe-
less he ran for the office, and received votes 10
OOPS for Furman, thus having majority oil ~
Furmon brought suit to be declared in Office. The
Special Term of the Supreme Court decided that the
election was void and that neither Clute nor Fur
man had any right to the Office; Clute because he
was Ineligible, and Furman because he had not a
majority of the votes. The General Term on ap-
neal decided that Furman entitled to the ONCE
ne the votes for Clute must be treated as nulties
The case was taken to the Court of Appeals All the
Judges cOncurred and Judge Foger gave the DECISION
The decision was that Clute was clearly lnehgDle'
"Tbev Who knowing that person Is ineligible 10
office Inv reason of any disqualification, persstently
give their ballots for him, do throw away their
votes and are to be held meaning not to vote 1or
any one for that office. Ihere may oe mo-
tce of the disqualfying fact and OF the legal effect
of II given 40 directly to the voter that he shall
be charged with actual notice of the disquallfying
fact and of the legal effect of it, gwen so directly TO
the voter as that he shall be charged with actual
knowledge of the disqualification" The fact may
be so notorious that his knowledge may be presumed
Int "not ONLY must the fact which disqualihes be
known but also the rule or enactment OF law winch
makes the fact thus effectual"
On page 465 of the report 80 ~ Judge Folger
cites many American authorities Q3 Cal 40;
Wis. 112; ii Wis. 49) and text books to the effect
that unless the votes for the ineligible person are In
themselves void the effect is not to give the ONCE 10
the qualified person having the next highest nunoer
of votes Judge FOlger says: 10 state trulSh'
our theory of government by the people is upon the
assumption that the people as whole are
intelligent of their rights and interests,
and are honestly and earnestly concerned III
the due and wise administration of affairs
aud zealously alive to the need of good
and fitting men in the various places OF pubnc
trust and hold in high esteem the privilege OF sur
frage and are unready to pretermt Its exercise OF "
exercise it meaningessly. 1t is much TO presume
with this as our starting point, that any cOsdera
be body of electors will purpOSey so exercise their
right of electing to office that it shall be but an
empty form, and that going through with the out
ward signs of an election they will of intent so cast
their ballots as that they will be votes wasted"
The logic of this decision is that if the majority
deliberately throw away their votes on an ineligible
candidate, the minority candidate will be elected
but if the majority, through ignorance OF the law
or of the fact vote for ineligible candidate there
will be no election. and the candidate who has the
next highest number of votes will not be elected