, 1877-01-27
The Oregon Vote.

i lie n. i = IlSFuIu, Vi 81 JduuhIl lAhHl
saws the Senate committee which Is III
vestigqting the Oregon case, Is COM
ing to The melancholy conclusion that
there has been no bribery, no corrupt
use of money and that the hopes they
at one time entertained OF fixing upon
the national democratic committee or
upon some OF Mr.. Tllden's personal
friends, completely III the misuse oi
money are doomed to disappointment.
This is especially yexatlous, because
of late there has been an Increasing
conviction among republicans that
the Oregon case is stronger than they
hoped, and that it needed to have
some iaint of corruption fixed upon II
in order to break it down. Soand law
Vers have been struck with the merits
of the defence made by Gov. Grover
before the committee, and particularly
with the fact that be appears 10 have
acted, not IN haste, but with great de
liberation, in strict accordance With
the laws of the State Of Oregon as
these have been settled in an ana!o-
gous case by decision of the Supreme
Court. \ lawyer SAID that he found
Gov. Growers case much stronger
than he had originally thought it.
1.-The Governor" said he, " makes
two points. One is that, under The
constitution Of the United States,
Waits, the Postmaster was incapable
of being chosen elector, and that the
Governor, who had sworn to support
the federal as well as the State con-
stituiion, was by his oath compelled TO
take notice of this lneapaclty. There
upon arises the question what is a
vacancy, aud this must be decided by
the state law, 10 which the federal
constitution leaves all these details
Now, whatever the law Of 0the.
States may be, Grover shows in let
ter from the Chief Justice of Oregon
which he has pat i'll evidence, thai
this precise question was decided by
the highest court in Oregon IN 1873
\. G.. Gibbs was elected State Prose
cutting Attorney of the Fourth Judi
cial district IN 1870. While hoIding
this office ia 1872, he was appointed
United States District Attorney tor
Oregon, and insisted upon holding
both Offices, contrary to the statute oi
the State. TIE Governor thereupOr
assumed that Gibbs had vacated hi
State office and appointed one Belln
ger to be Prosecuting Attorney in hi;
place. Gibbs refused 10 give up tht
office, and the case was brought VI
to the Supreme Court on appeal
Gibbs holding in argument that The
Governor could not determine tol
himself that vacancy existed in tht
office Of Prosecuting Attorney in The
Fourth Judicial district, so as 10 au
thorize the appointment Of The reiator
fer the reason that the determination
of that fact involved the exercise oI
judicial functions by the executive"
Chief Justice Prim writes :-Thi:
was the principal legal question III
the case, and the Court uuan mouslI
declared that the Governor wa4 invest
ed with authority in cases Of the kind
to look into the facts and pass upon
the same without awaiting the action
of the courts. That is TO saw" added
The LAWYER, The State law is declared
by The Supreme Court TO be that Ill
eligibility creates vacancy; that
Gibbs ceased TO be q State officer
when he accepted federal Office, and
that The Governor had the power under
the State law 20 thus decide and To
fill the vacancy. The Court held that
Belinger, the Governors apPointee,
was entitled TO the place. at is the
opinion Of some who have watched
the investigation that the facts and
the law will force the committee to
the conclusion that either Cronin's
claim is good, as having received the
highest vote sS an eligible candidate,
or that Oregon is entitled to but two
votes. The latter conclusion seems to
be thought the most probable.