The Republican journal. [volume] (Belfast, Me.) 1829-current, 1876-12-14
The One Hundred and Eighty-Fifth
Vote Found in Oregon.
SALEM. Oregon, De

SALEM, Oregon, Dee G..
The canVassing board to-day determined that
two Republicans and one Democrat Cronin
were duly elected, and the electoral certificates
were accordingly issued in favor of them The
Democrats and two Republicans met The Re
publcans refused to act with Cronin, who there
lore proceeded to ill vacancies caused by such
refusal as provided by the laws of Oregon.
A ballot was taken resulting in two vote, for
Hayes and one for Tilden. The vote was duly
certified and the electoral college adjourned
nder the law all three electors were included
IN one certificate. The Republicans attempted
10 get possession OF the certificates but failed.
Inc two Republican electors then organized by
themselves without certificates and filled the va
rallcY OF Watts and cast three votes for HAYES
odell has been chosen messenger by the Re
publican electors. Cronin will act for the
Democrats.
y CARD From GOVERNOR GROVER EXPLAINING
HIS ACTION.
SALEM, Oregon, December - To the Editor of
The New \ ork Herald At your request give Won
'ome OF the grounds Of my action in granting cerii-
Gates TO the Electors duly elected In taking his
oath OF Office the Governor is sworn to support the
Constitution Of the United States and ot this State
in the election OF President and Vice President the
Constitution Of the United States is paramount law
That instrument declares that person holding an
otce OF trust profit under the United States Shall
be appointed all Elec.or John W Watts one Of
fhe Electors voted for in Oregon was, the It'll day
OF November, holding office of profit and trust
under the United States, to wit Postmaster at Fay
+te the county seat of mhili County, and SO held
mat once Tor more than three years. Many more
than the number of voters constituting his majority
had actually passed III and out OF his Office on official
BUSINESS HIS official character was generally known
and was mentioned during the political discussions
OF the canvass. The law was known and the fact
was known rendering him disqualiiiedt TO be Flee
tor. A protest was filed in the executive office by
prominent citizens, Directing to the issuance Of
CeTthcate to watts as person disqualified, accom-
panied by proof OF his disqualification and demand
ing that the same be issued to the eligible person
having the next highest number of votes. A reDv
was filed directing to anything but count of votes
and certificate OF the count, and making no denial
OF the dsqualifying facts. 1t ruled in the case
that when objection to an applicants right receive
a certificate rests upon the ground that stitu-
tional prohibition interposed the Governor acting
under oath TO support the Constitution, is bound
entertain and determine the question: Not oniV that.
but he Is to determine in such way to enforce
the constitutional mandate to the extent Of his exc
cutiye pow er 1t also held that the law and fact
being wen known, that the vote cast for neiigi
bic candidate cannot be counted for any her pur-
pose, and the eligible candidate having the high
est number Of votes was duly elected. This ruling
was based upon standard authorities such CusII-
ing and Grant, the decisions of many courts like the
supreme Court, and the Court of Appeals of New
Il ork, the later uniform practice in the United
states House of Representatives., and the great
weight OF English authorities, both parliamentary
ing vacancies in the Electoral College recognizes a
vacancy only in cases where there has been an in
cumDent, and such incumbent has died, refu ed to
act neglected to attend, is otherwise absent. In
TINS case there was no incumbent, unless the next
highest candidate should take the position and there
members of the Electoral College. The next high
est candidate eligible under the Constitution Of the
United States was therefore certified to be duly
elected l.. +. GROVER, Governor