The New York herald., 1876-12-18

from tho first proposition which he makes this re-
port, that Mr. simpson, being ineligible the votes
cast Tor him are null and void and thai therefore tha
candidate who received The highest NUMBER oi
votes should be admitted. The gentleman making
tnis report gives us American authority or prece
dent to sustain his position. He relies entirely upoh
English authority and upon English precedcnis No"
MAINTAIN that IN the formation Of the American Con-
rress therc no analogy 10 The constitution OF tho
British Parliament TIE latter - formed, as II wsre
arstocratlc basis OF suffrage the Amor lean Con-
gress. may say, rests on universal suffrage Fur
ther Mr. Randall said This House Is about TO
thrust seat here as It did IN the case OF Mr..
Hoge. from The state. man sent here by only
minority of the district which he claims TO repre-
sent ~
Mr. James Brooks OF New York denounced Mr..
Cessnas proposition little speech Mr. Dawes de-
clared that u IN opposition to the ccslons oi
the House tor period OF thirty years Mr. Pane Of
Wisconsin the chairman Of the Elec,,oA Committee,
also denounced the proposition. MI. Hnrr, Of lit
nois, democratic member y iae CON nsstee, maae
an elaborate argument against the proposition Re
ferriog TO the cases OF Mckee VS.. Young and smith
ys. Brown which had been decided IN the previous
Congress, he said
.'n both OF these cases 1t was urged that the
cessfu. candidates were known to be dsqualihed by
sequrntly The minority candidates we're entitled 10
soats; aud IN both instances Inc Committee on Eec.
iions were unanimous IN tncr opinion that such was
not tie law, and their views sustained by an
Overwhelming majority CT the House
Mr. Wallace was seated, but solely on the ground
that the opposition had exercised intimidation, aud
Mr. Cessna stood almost alone his proposition, DEM
ocrats and republicans alike dcnouncing II.
AN OHIO JUDGE FAyoBs GOVERNOR GROWERS
EECENr ACTION.
Tho Cincinnati Commercial OF the nth inst printed
i've columns and half from Judge George Hoaiey on
the Oregon electoral question He has been a member
OF the OHIO Bar Tor thirty years. The article pre-
pared the request of Murat Hastead and begins by
saying that to hts Judge Hoadley's) mind Governor
Grover did his duty in the premises The writer
had carefully studied the subject -
bear the odum which might be the result OF being con-
sdcrcd to have advised the he took, Tor he be-
eved that Governor Grover did the right thing in the
right way, at the right tme anu with the bappiest ro
suit, probably the result OF preventing usurping ad
minsiration, not chosen by the people, and possibly
the result oil having prevented civil war.
Further on in the argument JUICE IIoadlcy used
these words;In Great Britain tho rule is well estab
lshed that votes cast Tor an ineligible candidate must
bc taken TO have been thrown away fhe cases are
very numerous. IL seems to me perfectly clear that
either Cronin elected or there election and
vacancy which could be nliod by vote OF the other
electors, aud that the trne Of the election Of
Solacc in Vermont and in several other the
election Of federal oce holders which have occurred
come 10 this conclusion by consideration oi the
Revised Statutes oil the Unitea States On grcat prn-
cipes, make vacancy, IL requires that should
have been Office to which has been
elected Had the Legislature OF Oregon intended 10
any vacancy. however caused TO be filed by
tho electors present, they would not have used tho
woras' n,r there shan , DO any vacancy G, IN Tho
fasal to act neglect to attend or otherwise"
These words .'occasioned by death, refusal to act,
neglect TO attend otherwise" entirely superu-
ous upon this theory. For the sentence woulr then
have rend:''li there shall be any vacancy in tho Of
proceed to MI by rira plurality OF votes such
cancy in the Electoral College" Tho OF these
words occasioncd by death, refusal 10 ACT neglect to
attend otherwise, indicates that there Of
vacancy which the electors may not ILL., and this Wow
by the character OF the vacancies thus
described-the three named, death, refusal TO
act and neglect TO attend being all the result
of events occurring after tho election The
words ''or otherwise upon canous or Interpretation
well known to every lawyer. cannot enlarge
the preceding words TO mako them apply &c
every of vacancy, but only refers to other ike
cases depending upon conditions similar to the end
merated The maxim applicable Is noscifsi,
So statute treating OF ''deans prebendares,
parsons, wears and others having spiritual promo.
tion, is held not to extend bishops, though they
have spiritual promotion, deans beng shc highost
order. Il BacKstone's Comm. ss) In the OHIO
Mechanics lien Law similar case Of construction
found. The law provides that sub-contrastor may
serve the owner an attested account oil any sum
quired deduct anu to tho sub contractor ont OF
his subsequently accrung Indebtedness the contrac-
tor aud section Q, i. O. S34, provides that N by
couson otherwise the OF any building erected
any money ndvance OF the due sand
contract" he shall be Liable to the b-contractor IN
tho same manner as II no such payment had beon
made. During the thirty years that have beeG
member Of tile ohio Bar have knownit contepded
many times, but always unsucccsstuy, that these
words, tor otherwsc,n had the effect TO include The
cases Of advance payments, rcndcrng the owner
liaoic, that he might be charged by the sub.con
tractor in any oil advance payment but tho de-
cisions have been uniformly 10 the contrary II has
always been held that tho words, ''or otherwise re-
ferred the contexlnal word, 'collusion and meant
COLLISION other Ike or deccitiu or fraudulent al.
vance pay ment and the that II
as read st3tutes the words ssby
couson iherwison were eliminated from it, So
too the construction proposed Will make the Oregon
read the words ssor Otherwise" mad never
| hen "A rod