Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1876-12-09
JOINT RULE NO. %.
Senator James K. Kelly Contends that it
is Still in Force.

Senator James K. Kelly Contends that
is Still in Force.
His Views OH the Electoral Count an.
cidontally Oh the Situation in Ore
gon.
From the San Francisco Call.
"There is Senator Kelly, now,
said the Lick House clerk, pointing
to a substantially built and evidentl.
land-owning gentleman.
Will you be interviewed upon thu
election issues, Senator?" asked tn,
reporter.
Well, sir, that depends upon thu
questions to be answered"
THE ELECTION IN OREGON.
"There will be nothing incendiary
in them. How have matters went il
Oregon, for instance
"Very we'll for the Republicans,
am sorry to say. Their majority
estimate to be between 900 and 1, 100
This result is rather a surprise to us
poor, but honest Democrats, and the
only reason I can give is that the Re-
publicans were we'll supported with
the sinews of war, and did not stint
their use while our committee was
| decidedly short of funds. As to the
eligibility of Mr.. Watts 1 Icannot pos
itively say, Just now, for the question
was sprung after left Oregon, and ]
have had no opportunity to study its
pros and cons sufficiently to decide.
From the first glance, however,
should doubt his right to act as an
Elector. The Constitution declares
that no Federal officer shall be ap-
pointed to that position, and the
spirit of that law is that no Federal
interests shall be intruded into State
elections. No, the fact that he has
resi- gned and that his resignation has
been accepted, before an official count
of the returns, amounts to nothing.
Appointment and election in this case
are synonymous. He was elected as
soon as the vote was cast, and q count
Of the vote is merely evidence of that
election as they say in South
Carolina, the election begins when
the voting is over"
''ln case he is declared ineligible,
will that elect one of his Democratic
opponents?'
6 really cannot say, for similar
qucstions huve Dcen repeatedly ue-
cided both ways, leaving one in
doubt as to the rights of the case.
Those rumors alb out the Electors in
the South being disqualified under
the Fourteenth Amendment, 1 don't
for an instant believe. This amend
ment only disqualifes those who re-
signed from Congress, the army or
the navy to take part in the rebellion.
Many of the persons thus disqualified
have been re-enfranchised by Con-
gress, leaving very small number
still out in the cold, and the probabil-
tiles are that these few, knowing their
disability, would not have been such
fools as to accept nomination. Again,
and this is my chief reason for doubt
the statements were too vague to have
any real foundation. Neither the
persons nor the States were named,
and that fact is enough to prove it a
sensation.
THE ELECTORAL VOTE.
"Will you state your belief con-
cerning q count of the Electoral Col
lege? That is to say, in what man
ner it will have the power to accept
OF reject vote?"
would rather not touch upon
that subject, as it may be brought be-
fore me in judicial character"
Other leading men have expressed
their opinions upon it, and that should
serve you as precedent"
Perhaps in the present uncertain
state of affairs it may be well to pre-
sent the different sides of the cues
ton, SO I viii state that differ from
the gentleman who have been already
interviewed by your paper.
Should Louisiana go Democrat
ic," cit has done so already, I be-
lieve," interrupted the Senator, !
"and should tho canvossing board
give certificates to the Republican
Electors on the ground of alleged
fraud in certain parishes, what action
could then be taken with regard to o
protest and decision ?"
THE POINT AT LAST,
"Humph! you've come to it at last
eh? And you'd like pretty full an
swer, you say. Well, there can be
no great harm in my expressing an
opinion when so many others have
taken the lead. The Constitution ID
decidedly indefinite upon some points
of that question, while onother it il
explicit. It declares that the Senate
and House Of Representatives. shall
meet in joint body on the second
Tuesday Of February; that the Pres.
ident of the Senate shall, in their
presence, open the returns, and these
returns shall be counted.
Not, mark you, that any special per-
son shall count them, but simply that
they shall be counted. This was the
language use9 in the old Constitution,
and when that was amended precise
" the same phraseology wao employed
in the amendment, giving the words a
double force. This clause certainly
vests no such power in, the Vice
President, During the debate. on