New-York tribune., 1876-12-16
XLIvrH CONGRESS--2D SESSION
REGULAR REPORT OF PROCEEDINGS.

THE SENATE PASSED THE BILL FOR THE PAfmhNi
or THE EXPENSES OF ELECTORAL MESSENGERS
THE OREGON CASE WAS DEBATED-rHE sEN-
ATE APPOINTED CONFERENCE COMMITTEE ON
THE SPECIAL COMMITTEE APPROPRIATION ELL"
SENATE. WASHINGTON, Dec. 10. 1875.
I'm tbe Senate to-day Mr.. THURMAN (Dem., VI
moved that the bl reported from the judiciary COmn
tee on 18th of July last to alter and amend Tue c'
OF July IG2 and July 2, 1864 to aid In the costruc
ton of railroad and telegraph line from the mlsSOi
River to the Pacific Ocean, be made the speca ioi
the third Tuesday OF January next. so ordeIeu .oh
The b IL will be remembered provides for the esao
due the Government by the Pacific railroad
Mr. WINDOW REP Mimi from me tRe HOUSE, S9
bll to provide for the payment OF the eectorai ueS
MP BOUTWELL, rep, Mass) stated that under the Old
law the compensation OF these MESSENGERS was 20 GenS
per mile each way, but the commission whi4h arrdnSeu
the Revis d Statutes inadvertently changed the law Dy
inserting In the statutes law which had Deen iepeaseu
He TO Clerks desk and had read letter rom
the First Controller of the Treasury explanatory Oh tne
Mr. BOUTWELL,, then moved to amend so TO pay
the messengers 20 cents per mile each way as uhuer e
Mr' ALCoRN CRep Mss.) said, in his opinion this
whole question of mileage was wrong II was a very ~
Wasrin1on on public business Members OF Congress,
he believed were paid 10 cents mile each way IL Ws
wen known TO the public that many of them had raroad
passes awarded them aud It cost them nothing 70 aVel
except for sleeping cars and eating Inc rlGyoial
senger from California would spend about 5000 IN coming
to Washington and returning home, and would draw
three or four times that amount from tue natVSI W
treasury, while the messengers from baryand ana VII
gina would not get enough to pay their hotel Dils re
thought electoral messengers should be PAID tne ac'
Mr.. EDMUNDs Rep, va opposed the aneadment n OF
ieeed Inc would move TO strike out all that portion in
regard TO the amount Of mileage to be pald one way ana
it simple appropriation bfto carry out the ex-
Mr. CoNKLING CRep, n. " opposed the amendment
was lust compensation i'm the days OF stage-e0acnes
aud saddle-horses certainly 20 cents me one way was
The amendment OF Mr.. Boutwell, was rejeeted-feaS'
Ibe b was then passed as it from the House Of
Representatives without amendment - ,,.,.
Nj. WRIGHT Qep., 1owa gave n0tice that )h Mouud}{
ne xt ne would call up the bill reported from te COnn
teo on Civil service and RereDchInent reducing tle s
y of the President OF the United states from @1OVVC 10
15 600 per aauum. He said this bill had y" sea COh
grpss the last session. ana bad Dcch NCtOcu ~ io
President. The Committee on CivE Service ana re
trenchon reported in favor OF the passage Of tue
bll nOtwithst !nding the Veto - A.. -,
Mr. EDMUNDS said the House OF Representatives haa
informed hun OF the appointment OK committee o act
with committee 10 be appointed by tne Senale 70 Io
&C. The respect which the Senate bad for tue House
would lead t. ~ course to appoint tle condlee 5 ts
questsd, and the committee Inlght m ,no
sily the passage OF the bill when nc Daa M
Mr. DAWES called up tue Ie.9inon nInB @ Bsat sv or
pcusttion of witnesses summoned peIOrc dio oca'1 W
any OF committees at - per day ana hVe cents per
mile eaeh way I9T uaysinx SNt @ eiisIS nroydtng
that witnesses residing west Of the llOth meridian Do
pad Gon5 Sl nh be- TGa cS5t ~ te M1sspp RIVER
AgreeG TO- AID the resolution amended was passed
THE OREGON INVESTIGATION.
The senate resumed the consideration OF the unfinished
business being the resolution providing for an nyesga-
zion in rcard 10 the appointment Of oregon electors
MI THURMAN said his object was to contribute some
thing to the history of this Oregon and 20 show
tbrr were TWO sides to it This resolution calling
for an luvrsttiUu by Inc Committee on privileges anu
Eaco1s and he wa surprised that the chairman oI the
committee Nir. MOItonJ had prjudsed the whole cas-.
Tur CoyrrnOr oi oregon had not acted SO pdpaDly
Hrong as to authorize the senator from Indianr tMr
liorfaU 10 declare that he Infamous AcCofuhg 10
the Argument oi the senator nom lLuiaha u tng l9ts @
Cf Orcr0u had cast their vote for 6oidsth hala Ho
Governor would have been compelled TO issue
y certificate Of election to her. lie Artue9
mon every day 10 exercise Judicial power and the Gov
rnor OF Oregon have concluded as one a." the apest
lawyers o the coantry had coucnued that nc Ra & of
power withhold the ccrtcate lfoln atts hnu lsss ~
to Cronin, aud that u was ms az a, lo SAStSJ % ti t
watts va elected according to the constitution Theh
he 9 qualified under e S2a1dyn . and bGd rn.d
a long opinion OF Judge Geo Il0adcy OF ChcluhItl as
rec,utIy published in me CRclhRdh Commercial, sus-
taIptug the course OF Grover.
Wheii the clerk read the paragraph in regard TO an
ALE gcd plan 10 l't lt @ Si.ili'h % % ,,. - 49,
toral vote Nc., Mr. SHERMAN said ne Wished To Say
tnlt TN, aoe story about conspiracy 70 elect hlll
President simply newspaper rO0FbacA' without
/ any word of truth whatever.
Mr WALLACE SAID II i but just 10 remember the oD-
LEGATIONS under winch the Governor oi ore; ;on acted
lie Is tho Executive Of state. aud u also chosen to
scat tDi. nuur aud we are bound TO beeNe tAI ne
acted cuHsctnousy Ia the performance ol ms grave
duty uudc the Consultation OF the Uhed states as NSI
I AZ
IT, own term. made the supreme law of tue land aId
oyerihs the otuCr whenever thoy come IN conuet Inc
law Of the state ana the uf Congress concur IN giving
la r Governor exclusive power 10 CcrtY this appoint
nrn; aud thus brought 10 face me responsibility lHe
goytruor oucys t supreme law aud refuses To certify
FOR tho in,tuaStcT, because O! DIS lhcuEiJAiy. NuO
complains postmaster sworn 10 oDey t1e same law
Amid tie mazu authority quoted lt u pian that me
law as tO whether he can certIy Tor minority cahll
dalo IS unsettled 1t Is surely saiSr It ~ 10 oPgy L os
% HE Federal Constltuton and - the report Of
t.iy B1,O
Clares whole spirit uf this inhibition suOuid DC
carried into rigid execution is II not az least premature
to rrusure the Governors whether he be right OF wrong
ssaeiy left 10 eu ghtened view OF the law when we
| have the facts fully before us. Ny mind in-
| clucs to the belief that 10 third elector has
| been legally appointed by oregon. Section l3l
! OF The Revised statutes htes the Time Of the
aipo,ntucnt Section 1873 provides for filling vacancies
la IN COLLEGE wncn II meets, aud section of the Oregon
law provides for hllng vacancies when u msSS. Nnat
then IL q vacaucyi 10 assert that vacancy has hap
- 'cd implies tIa the Office before nal an lhe1nDent cum
i5 rule OF law held Dy tue otnate IN iSIl Shu
lS.g II Is also settled by the cited ia Brightly
GS5 wen as oy judge otory, section Lo2o' te sun
utes G. Oregon themselves dehue Whal - q vacancy
wiJnn their own meaning, ana the case Oi idlIut "
elect not included II II be law, as contended for that
the majority candidate being iher%pie, 'hS ,,noirty
| candidate g. not elected, then there Is no va
Srm2. the case within Section ljl OF The United states
Statutes which IS: whenever any stare mas heiu an
election for the purpose OF choosing electors, ana hs
nicd to make a choice tho day prescribed by Law,
the electors may De appointed on subsequent day. III
slch manner as the Legislature OF such state may
direct the doctrine OF our friends be sound men II
follows that tho Legislature oil oregon mas not pro
yidud by law tins case, she has legally appOtcu Dut
| two electors.
seuted IN this discussion spectacle wherein no senator
raised any question IN regard 90 the vote OF tLc people
OF oregon the late election IL was not denied ny any
sUnt0 uuy newspaper any man, ans where, OF any po'
uca party that majority or tho votes oil thc people
AT r Mo of Oregon aU the late election east 1Jr
thC EcpuGcan electors lie ir. MitcneD was not sur
uIised that Senators on this floor declined 10 come
directly 20 the front ana defend the action oi the Gov
cruor OF Oregon lie not surprised ta the senator
| from Ohio Mr. Tnunnanl shielded himself behind the
opiuou uf u lawyer who could have been employed ior
500 10 deliver AN opinion much stronger ON the other
! side What ho Clir MchClD wanted 10 know t0-diiy