The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1876-12-13
THE GOYERSOR-s STORY.
Governor Grover of Oregon sends His
side of the Case 10 the New York
IN. Y. Herald of Frldar


SALEM. Oregon, Dec. =, 1S76.-To the edi-
tor Of the Herald: At your request l give
you some OF the grounds of my action in
granting certificates 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 TINS state In
the election of president and vice president
the constitution OF the United States Is the
paramount law. That instrument declares
that no person holding an Office Of trust or
profit under the United States shall BE- ap-
pointed an elector John u. Watts.
one OF the electors voted For in Ore
g0n, was, on the Tth day OF Novcrn-
Der, holding an office of profit and trust
under the United States, to-wit: Postmaster
CT Fayette, county seat of YaH.heu county.
and had so held that Office for more than
three years. Many more than the numbay
OF votes constituting his majority had actu-
ally passed in and out of his office on official
business. His official character was gen.
orally known and was mentioned during the
political discussion of the canvass The
law was known and the fact wac known rem
dering him disqualified to be an elecior.
y pro est was filed in the executive Office by
prominent citizens Directing tn the issuance
OF certificate TO Watts as a person disCuali-
fled, Accompanied by proof of his disaualifi-
cation, and demanding that the same issue
10 the eligible person having the next high
est number Of votes. A reply vas fled OBJ
iecting TO anything but the count OF
the votes and a certificate on the count. aud
making no denial of the disqualifying facts.
1t was ruled in the case that where
the objection to the applicants right 10 re-
ceiye the certificate rests upon the ground
that constitutional prohibition i inter
posed the governor acting under his oath to
support the constitution, il bound 10 enter
tain and determine the question; not only
that, but is TO determine in such a way -
TO enforce the constitutional mandate
TO the extent OF his executive power
1t was also held that the law and fact
being we'll known, the votes cast for
the ineligible candidate can not bc counted
for any purpose and the eligible candidate
having the next highest number OF votes
was duly elected. This ruling was based
upon standard authorities, such a. Cushing
and Grant, decisions of many courts like the
supreme court and court of appeals oi New
York, later uniform practice in the
and the great weights of English authorities.
both parliamentary and judicial. The law
of Oregon providing for the filling OF vacan-
cies in the electoral college recognizes va
cancy only in cases where
there has been an incumbent
and such incumbant has died refused
to act, neglected to attend, or is otherwise
absent. In this Office there was no incum-
bent unless the next high candidate should
take the position and there was no vacancy
which could be filled by other members OF
the electoral college. The next highest
candidate eligible under the constitution of
the United states was thereupon certified 70
be duly elected L. r. GROVER,
Governor Of Oregon.