The New York herald., 1876-12-18
OREGON's ELECTORAL VOTE.

CONGRESSIONAL ACTION IN REFERENCE TO
PARALLEL CASES PnECEDENTs AGAINST
oRovER-NELIGIBnITY OF THE LEADING
CANDIDATE DOES NOT ELECT A MINORITY
CoNrEsTANr-oPISIoN OF AN OHIO JUDGE.
WASHINGTON, Dec 16, 1874
In view of the importance that attaches to the fact
that Governor Grover OF oregon, has givon a certn-
cate as elcctor TO Mr. f. A. Cronin, OF the 4cmo
cratic candidates the last election analogous cases
become important and Interesting, especially when
they have been passed upon by the House of Repre-
sentativcs: and may be quoted as precedenia Mr.
Cronin gwen the certificate on tho theory that
votes cast for inclig bic candidate were null and
void and that the candidate for the Office receiving tho
next highest number OF elected The United
States House Representatives has decided adversely
to that proposition.
In the Forcth Congress among the election contests
was that OF Samuel e. Smith VS. John Young Brown,
from the Second Kentucky district IL was not
disputed that Mr. Brown (who is by the way, q
member OF tho present House) had large
majority OF the votes, but his competitor Mr.
smith, claimed the seat tho ground that as
Brown under political disability no ineligible
aud void. Senator Dawes who was then member OF
tho House, was Chairman Of tho Committe on Eec-
lions and the late Speaker Kerr was member OF the
committee. The committee reported that Mr.. Smith
was entitled to the seat because he had re-
ccvcd majority Of the votes cast and directed tho
Clerk or she House to inform the Governor OF Ken
lucky that there was vacancy IN that district. A
reference page lsp OF Part OF the Congressional
Globe second session. Forteth Congress, will show
tho action Of the House on Inc report Of the init
tee MIR. Cobur, Of Indiana, moved as a substitute
for the committees report resolution declaring smith
entitled to the seat This was rejected by vote OF
DEMOCRATIC ArTHoRITIEs
Ofthe negative vote thirty three were democrats as
follows:--Adams, Of Kentucky, now Clerk OF the
House; Axse, OF California; Beck, OF Kentucky,
New York; Burr, OF Illinois; ChanIcr OF New York ;
Eldredge, of Wisconsn; Gosshenncf Of Penn
syIyania caOday Of ns.n Kentucky; Grover o. Ken.
present House,; Hotchkiss. OF Connecticut; Hub
bard, Of connecticui humpbreA Of New York;
the present Housc) Kerr. Of Indiana akc Speaker
OF the House,; Knott Of Kentucky tnembcr OF the
present House,; Mallory, OF Kentucky; Mnrshsn, OF
Illinois, McCormick, Of Missouri; Morgan and Munecn,
Of Ono; pruyn, OF New York; Randall, OF Pcnnsyi-
stone, Of MaryIand Taber, Of New York; Trimblc of
Kentucky; Van Auxcn, OF Pennsylvania; Van Trump,
Of ONO; Wood OF New York "a member OF the present
Housc), and Woodward, OF PcnnsyvaLia. Mcssrs.
Julian, OF Indiana, and Farnsworh Of Illinois, who
then republicans. but were 1iIden men IN the last
the above result had been announced tho committees
report adopted without division.
At tho session ike decision reached In
the OF samuel Mckee Va. J. ID. Young, from the
Sixth district oil Kentucky.
A CASE FROM SOUTH CAROLINA
In the Forty-nrst Congress the OF A. g. Wallace
vs. W. D. simpson, from tho Fourth district OF South
Carolina was adjudicalcd. Speaker Randall then
member OF the Election Committee, also the
late Speaker Kerr, and the W waace-Smpson was
referred TO subcommittcc consisting OF Cessna, OF
Pennsylvania Hale. OF Maine, and Randall OF Penn
sylvana. II was reported 70 the House and disposed
OF May ~ 1870, as appears from The Congressional
Globe, second session. Forty first Congress pages S62
TO 3S66 inclusive. Tho majority OF the sub ubcommitioc
agreed 10 seat Mr. Wallace, on the ground OF ntmida-
tion and fraud on tho part OF the Opposition, but in
reporting the case Mr. Cessna submitted. AS his indi
vidual opinion, and not as expressing the Of the
committee, tho proposition that when oac OF two
candidates Is ineligible the votes for HIM are OF
effect and the other candidate Is elected Mr. Hale
dssenlcd from tins proposition
SPEAKER RASDALI's OPINION.
Mr. Randall put himself On she record against u In
| the following language
/ "Mr. srgAkER--As has been truthfally said by my
l associata tho committee mr. Ccssnal dissent