The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-12-11
The Oregon Rooster
Governor Growers Reasons for Civ
ing the Electoral Certificate TO

SrOntn.
By telegraph TO Herald.
SALEM, OREGON, Dec. I, 1876.
To the Editor Of the Herald. :
At your request l give you some OF
the grounds of my action i'll granting
certificates to electors in Oregon.
The laws of Oregon requirc the Cover
nor to grant certificates to electors duly
elected In takirg mis- oath of office the
Governor is sworn to support the CoDsti'
tuition of the United States and OF the
State. In the election OF President
and Vice President the ConstiLu-
ton of the United States is the
paramount law. That instrument de.
ciares that no person holding an Office OF
trustAor profit uLder the United States
shall be appointed an e!ector. John w
Watts, one of the electors voted
for in Oregon, was on the
seventh day of November
holding an office of profit and trust un-
der the United States, to wit, postmaster
at Fayette, the county seat Of 1amhiiI
county, and had SO held that office for
more than three years. Many more than
the number of voters constituting his
majority had actually passed in and out
of his office on official business. His Off
cial character was generally known, and
was mentioned during the political dis
cussion of the canvass. The law was
known and the fact was known render.
ing him disqualified to be an elector. A
protest was filed in the Executive office,
by prominent citizens, objecting to the
issuance of certificate TO Watts,
as u person disqualified, accom-
panied by proof of his disqualification,
and demanding that the same issue
TO the eligible person having the next
highest number OF votes. "A reply was
filed objecting TO anything but cOunt
OF the votes and certificate on the count,
and making no denial o! the dlsquahty.
ing facts. 1t was ruled, IN the case, that
where the objection 10 an applicants S
right to receive Il certificate rests upon
the ground that constitutional PfObibl-
tion is interposed the governor, acting
under oath 10 support the Constitution is
bound to entertain and determine the
question; not only that, but is to deter
mine the question in such way
as to enforce tie constitutional man
date TO the extent OF his executive
power. 1t was also held that, the law
and the fact beng well known, the votes
cast for the ineligible candidate cannot
be counted for any purpose, and the eli
gible candidate having the next highest
number OF votes WIS duly elected. This
ruling was based upon standard authori-
ties, such as Cushing and Grant; the de-
cisions of many courts, like the Supreme
Court and the Court Of Appeals of New
York; the later uniform practice in the
United States House of Representatives,
and the great weigh. of English autRori-
ties, both Parliamentary and Judicial.
The law of Oregon providing for fill.
ing vacancies in the Electoral Colleges
recognizes vacancy only In cases where
there has been al 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 position, and there was no va
cancy which could be filled by the other
members of the Electoral College. The
next highest candidate eligible nnder the
Constitution OF the United States was,
therefore certified to be duly elected.
l.. +. GROVER,
GorcrnOT' Of Oregon.