Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-12-12
HE'S GOT EN-.
Grover, Of Oregon, has the Constitution,
the Laws, and the Weight Of Eng
lish as well as American Au-
thOrity on his Side.
The Republicans Know Ii, and are
Squirming in Dilemma - What
they Propose TO Do About It
More Defiance Of Law.

WASHINGTON, December 1.-The question
Of Governor Growers action in granting a Ger
tifcate to the Democratic elector In Oregon
continues one of absorbing attention in thu
highest political and official circles here
There has been no formal cabinet discussion
of the subject, as the members say that sucf
technicalities as are presented do not at thi,
time call for the cabinets official cOnsidera,
ton. There has, however, been earnest and
repeated attention given to it informally
by members of the cabinet, as well as by
members Of both houses of congress. 1t Is
stated by prominent members of the admins
tration that there is no apprehension that the
election will turn upon the points involved in
the Oregon case. 1t has not yet reached such
a condition as to be regarded as matter for In
vestigation by the attorney general.
Governor Grover Fortified by Law Pre-
cedents and Facts.
To the Editor Of the New York Herald:
SALEM, OREGON, December AT your
request give you some of 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
sworn to support the constitution of the
United States and of this State. In the elec-
ton of President and Vice-Preoident the con-
stitution of the United States is the para
mount law. That instrument declares that
no person holding an Office of trust or profit
under the United States shall be appointed
an electOr' John W. Watts, one of the cleo
tors voted tor IN Oregon, was, on the seventh
day Of November, holding an office of profit
and trust under the United States-to-
wit, postmaster at Fayette, the coun-
ty seat of Yamhill 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 and official
business. His official character was general
ly known, and was mentioned during the
political discussions Of the canvass. The law
was known and the fact was known rendering
hlm disqualified to be an electOr. A protest
was filed In the executive Office by prominent
citizens, obJectlng to the issuance of a certifi-
cate to Watts, as a person disqualified, ac-
companied by proof of his disqualification.
demanding tnat the same issue to the eligible
person having the next highest number of
votes. A reply was filed, objecting to any
thing but count of the votes, and & certif-
cate on the count, and making no denial of
the disquahfying facts. 1t was ruled, in the
CotSty Iudl WHcIc llc ODletJlOll 10 an tl)pll-
cant's right to receive a certificate rests upon
the ground that a constitutional prohibition
Is Interposed, the governor, acting under oath
to support the constitution, is bound to en-
tertain and determine the question; not only
that, but is to determine in such way as to
enforce the constitutional mandate to the ex-
tent of his executive power. 1t was
also held that the law and the fact being well
known, the votes cast for the ineligible
candidate cannot he counted for any purpose,
and the eligible candidate having the next
highest number of votes was duly elected.
This ruling was based upon standard author
tiles, such as Cushing and Grant; the de-
cisions OF many courts, ike thePsupreme
court ard the eourt of appeals of New York;
the later uniform practice IN the nited
States house of representatives, and the great
weight of English authorities, both parlia-
mentary and Judicial. The law of Oregon
providing for filing vacancies in the electoral
college recognizes a vacancy only In cases
where there has been an incumbent, and
such incumbent has died, refused to act, neg
lected to attend, or is otherwise absent. In
this case there was no incumbent, unless the
next highest candidate should take the posi-
ton, and there was no vacancy which could
be filed blythe other members Of the electoral
college. The next highest candidate eligible
under the constitution of the United States
was, therefore, certified to be duly elected.
L. +. GROVER,
Governor of Oregon.