Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1877-02-22

WARRINGTON, Feb. 22.-The Electorhi
Commission met at 10 o'clock.
Matthews made IN address In oppo.
sition to the Cronin certificate. He said
the Democrats had asserted In the
Florida case that the certificate was final
and conclusive. aud said they had
undertaken to draw q line Of dsmarca-
ton between the act Of the State and
the Federal authority. which took the
matter up after IL left the State. They
also undertook to draw . line between
things and proof. between the oertih.
Gates which was but the shadow and the
thing certified. which was the substance,
and that where the certificate did not
show the thing certified duly II could be
corrected. II was a surprise. he said.
to find that these advsrsaries had not
only taken their position on the Florida
aud Louisiona cases. but had gone be.
yOnd 1t and accepted . dogma which
they had improperly ascribed to the side
with which he was identified. He main.
tanned that they stood to-day on the
ground they occupied in the beginning.
and which had been hallowed by the de-
cision Of this tribunal, viz That q GER
tiicats based ON the returns was couclu.
sivs evidence OF an election.
In tho Florida aud Louisiana cases
the offers made TO 90 behind the returns
were msnacing aud the offers grew
stronger and larger rs a certainty was
obtained that they would DO called on
to mako them good, and a great deal Of
patriotic indignation was INDUCED In at
the alleged co~untsnancing Of fraud aud
wrong. Matthews read an extract
from q decision by Justice Field In the
case Of Bradley VS.. Fisher, in which the
tendency to complaint by . party de-
fcated is shown going on from the com.
plant to charges Of improper motives.
He entered his protest against the hol.
low p~retsnsions to morality that had
b,en made tho substratum Of the com.
plant in this case. Cronin had been
mounted on a pedestal for public admi.
ration by his inventor. rs a model OF the
purity and honesty Of elections, and there
was no offer to prove that he was paid
$1,000 under tho prstsnse Of expenses
to Washington ; there was no offer to
prove the contents OF supposed
hieroglyphio characters that could not
b, read /; there was no offer Of proof
that II was the result Of = deep.laid
s.hems to defeat the will Of the people.
He wondered when his friend Hoadley
referred TO Webster aud Worcester last
night, why he did not produce that little
pocket dictionary and show the CORES.
pondencs'belwoen Gramsrcy Park, New
York, and Salem, Oregon. He con-
tended that Growers certificate fell 10
tho ground when II was shown that II
was not q warrant 10 the Electors for
tho performances Of their duties.
THE Law or OREGON
Required that the votes for Electors
should be given, received, returned and
canvassed the same rs for members OF
Congress, and in the case Of members
OF Congress II was made the duty Of the
Secretary OF stats to CANVASS the votes.
and there the statutory directions sud.
Tho statute In relation TO Electors
further provided that the Secretary Of
State should certify to two lists showing
who had received the highest number OF
votes, aud there the canvass ended.
The constitution and law stamped that
record the legal and constitutional re-
suit OF the election. They had made n
proifsr Of the thing itself, not the proof
| OF the thing. but the actual aud substan.
tial result Of the canvass /; that Was tho
appointment Of the State, tho invssturs
by the State Of real rank axd title. All
else was mere prima Jaeis evidence to be
taken only till confronted by proof and
shown to DO false. The certificate Of
the Governor wa sought to be intrudsd
here as a substitute for the canvass. II
was signed by the Secretary Of State
simply as M aitesting witness. and not
as the canvasser Of the votes. That was
In tho possession Of the commission.
but was not essential 10 the discharge
OF the duties OF the Office. He
contended that Il was q well.settled
principle Of law that the certificate Of
the Governor Of Oregon did not con.
form to the statutes Of the United States
or OF Oregon. Suppose tho certificate
had been authorized. to give the cleo
ton to 0dell. Cartwright and Cronin to-
day. or the three persons to meet. con-
suit, deliberate and vote together In the
college. which necessarily consisted d
three. no coniended that one could not
vote rs a body that tho act Of . quo
rum could only be accepted o. the acts
OF the body. This view Of the case
had been sustained by decisions In the
Supreme Court Of Oregon. In regard
to what constituted q vacancy. he con.
tended that the object was to keep up
the body TO the full number for tho pro-
lection Of the interest Of the people.
When ii was sought to guard against
every possibility Of the College not
being full the word "othsrwiss" should
DO construed literally. and II Was
intended TO cover all vacancies that
might occur. II the Governor was a
~competsnt tribunal TO set aside an cleo
tion that vaeancv svisfad ~hich tha