The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1876-12-09

for the burisI Of the uninserred at pub
lie expense viii probably be made to-
day.
NEW YcRK. Dec. s.--The Hsrah
publishes this: Salem, Oregon, Dec. 9Th
Editor Of the HtraM-At your re-
quest l give you some Of the grounds Of
my action in granting certificates to
electors duly elected In taking his
oath Of Office. the Governor is sworn TO
support the Constitution Of the United
States an. of this State. In the election
of President and Vice President. the
Constitution of the United State is the
paramount law Of the land. That in
strument declares that no person hold
ing an Office under the United States
shall be appointed al elector. j. W.
Watts, one Of the electors voted for in
Oregon, was on the sth day Of Noyem-
Der holding an Office of trust and profit
under the United States, TO nit : Post
master, Lafayette. the county seat Of
Yamhill county. and he so held that
Office for more than three years. Many
more than the number of votes cons:i-
tuting his majority had actually passed
in and out of his Office on official bust
ness His official character was gener-
ally known and was mentioned during
the political discussions of the canvass
The law was known and the fact was
known. rendering him disqualified as al
elsctor A protest was fiisd in the exec.
utive offic. by prominent citizens. OBJ
jecting to the issuance Of certificate to
Watts, as u person disqualified. accom-
panied by proof of his disqualification.
and demanding the same issue to the
eligible person having the next highest
pumber OF votes. 4 reply was filed
objecting TO anything but u count of
the votes and certificate of the connt !;
and making no denial Of the disqusli-
flying facts, it was ruled on the case that
where the objection TO the applicants
right tn receive certificate rests upon
the ground that constitutional prohi-
bition is interposed, the Governor ACT
ing under oath to support the constitu-
ton, is bound to entertain and deter.
mine the question, not only that. but Is
to determine in suca way rs to enforce
the constitutional mandate to the ex-
tent Of his executive power. 1t was
also held that the law and the fact be-
ing we'll known, the votes cast for the
ineligible candidate cannot he counted
for any purpose, and the eligible candi-
date having the next highest number of
votes was duly elected. This ruling
was based upon standard authorities,
such as Cushing aud Grant. the decis-
ions Of many courts like the Supreme
Court and Court Of Appeals Of New
York. the later uniform practice of the
United States House Of Representatives
and the great weight Of English au
thorities, both parliamentary and judi
cial. The law of Oregon provides for
filling vacancies in the electoral college,
recognizes vacancy only in cases
wt.ere there has been an incumbent aud
such incumbent has died. has refused to
act. neglected to stand. or is otherwise
absent. Tn this case there was no in
cumbent unless the next highest candi-
date should take the position. and there
was no vacancy which could be filed
by the other members of the electoral
college, the next highest candidate eli
gibie under the Constitution Of the
United States was therefore certified to
be duly elected.
lSigned) l.. +. GROVER,
Governor OF Oregon.
NEW YonK, Dec. S.-The Oregon
election is the main topic in certain
quarters Groesback, If Ohio, is of the
opinion that the Democratic party
would lose the case by forcing its claim
to lS5 votes with the one from Oregon,
as deciding the election. He rather
regards it as AN important strategetic
movement by the Democratic party to
enforce an enquiry beyond the cettifi-
Gates issued by the Governors of South
Carolina, Florida and Louisiana. to the
Hayes electors. In this opinion he has
been seconded by a majority of the
Democratic party leaders, and us
hardly probable the eleSic liden
VIII = insisted opr- rv reason Of shi.
sots. n - u
The New York Herald says editor
tally: The bill introduced in the
House yesterday to quiet the land grant
claims in California. refers probably to
the old Spanish grants. II Congress
cannot quiet these. the only hope Of the
present occupants is an Industrious.
comprehensive earthquake or tidal
wave, for neither law, tongue, or pis-
tol have been able 20 decide 10 whom
the titles to these lands are vested