New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-12-09
NEW YORK.
Morrissey Gives 1t UD.

New YoRK, December S.-Jobn Morris
sey has declared all the pools sold in his
house on the direct result OF the Preslden-
tial election off. Two per cent of the money
in the pools is retained by Morrissey tor his
trouble.
Grover Explains Himself to Bennett.
Governor Grover. OF Oregon, te!egraphs
the New York Herald as follows:
SALEM, Oregon, December 7, 1876.
TIE Editors Of the Herald:
Al your request l give some Of the
grounds of my action in granting certln-
Gates to electors in Oregon.
The laws of Oregon require the Governor
to grant certificates to electors duly elected.
In taking his oath of office, the Governor is
sworn to support the constitution OF the
United States and of this State. In the
election of President end Vice President,
the constitution of the U0ited States ie the
paramount law. That instrument declares
that no person holding an office OF trust or
profit under the United States shall be
appointed an elector. John W. Walls,
one of the electors voted for, was,
on the seventh of November, holding
an Office of profit and trust under the
United States, to wit: Postmaster at Fa-
yette, the county seat of Yarnell county,
and had 50 held that Office tor more than
three yeare. Many more than the number
of votes constituting his majority had actu'
ally passed in and out of his office on Offi-
c,al business His official character was
generally known. and was mentioned dur
ing the political discussions Of the canvass.
The law was known and the tact was
known rendering him disqualified to be
an elector. A protest was fled in
the executive office by prominent citizens
obiecting to the issuance of certificate to
Watts a. person disqualified, accom-
panied by proof Of his disqualification, and
demanding that the same issue to the ell
gible person having the next highest num-
Der of votes. A reply was filed Objecting
to ANYTHING but count of the votes and =
certificate on the count, and making no
denial Of the disq ratification. 1t was ruled
| in the case that. where the objection to an
applicants right to receive certificate
rests upon the ground that constitutional
prohibition is interposed, the Governor, act
| ing under oath to support the constitution,
| is bound to entertain and determine tne
| question; not only that, but is to determine
| in such way as to enforce the
| constitutional mandate to the extent of bis
! executive power. 1t was also held that the
| law and the fact being well known, the
| votes cast for the ineligible candidate can
| not be counted for any purpose, and the
| eligible candidate having the next highest
number OF votes was duly elected: This
I ruling was based upon standard authority,
such as Gushing and Grant, the decisions OF
many courts like the Supreme Court and
| the Court of Appeals of New York, the
latter uniform practice in the United States
| House Of Representatives, and the great
weight of English authorities. both
| Parliamentary and judicial. The law
of Oregon providing Tor filling vacancies
| in the Electoral Colleges recognizes va
| cancy only in cases where there has beer
an incumbent, and such incumbent has
died, refused to act, neglected to attend, OF
! otherwise absent. In this case there was
no incumbent unless the next highest can
didate should take the position. and there
was no vacancy which could be filled by
| the other members Of the Electoral College
The next highest candidate eligible under
| the constitution of the United States was
therefore, certified to be duly elected.
| L. F. GROVER,
| Governor of Oregon.
| Specie.
The Frisia brought 100000 in specie.
| A Sweetheart's Sad Mistake.
| A Frenchman, who gave the name o
Arthur p. Devere, but whose real name il
| Ernest Gerard, was arrested to-day in thi:
city on the charge Of numbering youne
glll in San Miguel. town FIVE miles from
San Francisco, California, on the evening
Of September II, last, 1t appears thai
| Gerard was engaged to be married to Mis-!
Blanche Buneau, of San Francisco. INT
latter, and another young lady named Mis-
Jennie Bennett, left San Francisco for SaI
Miguel, and while at McNamara's Hote
both ladies being given to playing practica
| jokes, Miss Bennett dressed herself in male
attire and accompanied her friend for a
frolic through the town. At night they re-
tired to rest, and Gerard seeing them retire
/ ,lou onl hot of 41onR
had a lover, and fired alf dozen shots
| into the body Of Miss Bennett. who fell
dead on the spot. Gerard then ted to Sa
! vannah, and afterward came to this city
| where he was arrested. He will shortly bt
| taken to San Francisco.