The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1876-12-23
csverssr Growers Explasatiss,

GeveSner Growers Expla1atie1.
The New York Herald publishes
the following:
Salem, Oregon, Dec. ITO the
Editors Of the Herald: AZ your
request ! give soms Of the grounds
Of my aesieaia granting cesiAeasss
10 electors IN Oregon. The law Of
Oregon requires the Governor to
grant certificates 10 eleetors duly
elected. In taking HE oath Of
omce, the Governor 10 sworn 70
support the constitution Of the
United States and Of this State.
In the election Of President and
Vice President the constitution Of
ths United 6tatesis the paramount
law that instrument declares that
10 person holding an o6lce OF prot
Il or truss under the United States
shall b appointed N elecior. John
". Watts, one Of the electors v0-
Ted for, was on the 7th Of Novem.
Der holding an once Of profit and
trust under the United States, to
wit: Postmaster at Fayette, the
county seat Of Yamill county, and
had 20 held that Office for more
than three years. Many moro thar
the number Of voters constituting
bic majority had actually passed
n and out Of his ofice ON oflcisl
business. His oAcial character
was generally known, and was
mentioned during the political dis
EMISSIONS Of the canvass. The NV
was known and the ihct was known
rendering him disqualifed 70 b
~ slsctor. A protest was hled in
the Executive Once BY prominent
citisens, objeoting to the Issuing Of
. certificate 70 Watts, - . person
disqualified. accompanied by proof
Of bic disqualification, and deman.
ding that the same issue to the eli.
gibls person having the next
highest number Of votss. A reply
was hled objecting 10 anything but
. count Of tho votes aud . certiA.
cate on the count, aud making no
denial Of the disqualification. II
was ruled in the case, that whore
the objection TO On spplloant's
right 70 receive . certificate rests
upon the ground that . constitu-
tisnal prohibition 10 interposed,
the Governor, acting under bis
oath to support the constitution,
IL bound to entertain and deter.
milne the question not only that,
but u 10 entertain and determine
the question IN such . way - TO
enforce the constitutional mandate
to the extent Of bis power. II was
also held that the law and the fact
being well known, the votes cast
for the ineligible candidate cannot
be counted for any purpose, and
the eligible candidate having the
next highest number Of votes was
duly elected. This ruling was
based upon standard authority,
such % Gushing and Grant, the de-
cisions Of many courts like the
Supreme court and the court Of.
Appeals Of New York. The latter
is the uniform practice IL the Uni.
tod States House Of Representa-
tives, and the great weight Of En-
glish authorities, both parliamsn.
tary and judiciary. The law Of
Oregon providing for the filling of
vacancies IN Tie electoral college
recognizes . vacancy only in cases
where there has been an incum-
bent and such incumbent has died,
refused to oct, neglected to attend,
or otherwise absent. In this case
there was no incumbent unless
the next highest candidate should
take the position, and there was
no Vacancy which could be filled
BY the other members OF the elec-
toral college. The next highest
candidate eligible under tho con-
stiiution Of the Uuited States was
therefore certified 10 bc duly elect
ed. l.. +. GROVER,
Governor of Oregon.