The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-22

ends the decision OF the State through Its canvassng
officer being hna and conclusive. Senator Mitchell
then passed 10 the consideration OF the question
as to the power and duty OF the Governor
IN TINS regard under the constitution OF the Stale OF Ore
g0n saying:Shold " be held that the appoin tment
oil Watts was not merely voidable but absolutely
void which Insist 1t is not and that there was
him failure to elect stu under the statute OF ore
eon, broad AMI comprehensive as II is the electors
present had the right and was their duty To MI tho
vacancy occasiOned by such failure TO elect II
his appointment was merely voiiable and might have
been declared VOID unuer the statute, by competent
FULLY act IN the College of Electors either under his
original appointment by the people clec,or by
virtue OF MS appointment by the electors present
when they accepted his resignation or again, should
H. for the sake OF argument be conceded that Watts
was . nos appoasd anu that Cronn was, ana
OF fact that thcy-Odcll, Cartwright and Cronin-
S m, MOT not act n,. 1sesner as an electoral college
Of the college, acted together with Watts whom they
elected to I'LL the vacancy, and cronin, u minority or
legally constituted coileges There one col
lego OF electors IN state, and, under these circum-
stances, the former be held TO be only that one
The only record the law contemplates vacancies
the record made by the electors themselves. This Is
merely The only record, but is, / confidently IN
sist, conclusive upon that subject, and OdeIi
and Cartwright. being a majority OF the cleo
tors constituting the Electoral College in Ore
gan, whose title is indisputablc questioned by
no one, not even by the Governor In his certificate.
but by 1t approved their certificate 10 the fact that
there was u vacancy and that such vacancy filled
by them IS conclusive not only against CroDin but all
other PERSONS the State, the general government Con-
At the conclusion OF Senator Mitchells argument IL
was announced by the democratic counsel that they
amount, and were willing 10 sit until a.o IN the even
ing. The question: however, was not then decided
and as II was getting dark candles were brought In aud
Mr. Lawrence proceeded with his objections
AFTER KEcEss
The commission rcassembied in the Senate Chamber
at hali.past seven r. NJ Mr. Merrlck ammo ;nced that
Judge Hoadley and hins would appear Tor tho demo-
cratic side. Mr. Evarts said that Judge Stanley
Mathews ana himself would appear Tor the republican
side.
Judge Hoadley then addressed the commission for
two hours and ut halt past ten O'Clock tho commission
adjourned until Tomorrow morning NJ ten O'Clock.
A STATEMENT FROM MIR. TILDEN.
HE REpUDIArEs The AGREEMENT NOT TO OVER
HAUL HIS BANK ACCOUNT, AND DENIES ANY
PAYMENT ON ACCOUNT or AN ELECTORAL
VOTE FROM OREGON.
Governor Tildcn has sent the following communlca-
New YORK, Feb 81, 1877.
Hon. FRANCIS HERMAN, Washington, ID. C. =
telegram to the Associated Press, published this
morning. states that harmonious has been
brought about between the Senate committee OF when
you arc n member and committee OF the House, by
which II has been decided not TO go Into cxamina-
tlon OF my bank account the one hand the
counts Of the chairman of the Republican National
Committee on the other hand
/ repudiate any such agreement and discaim any
such immunity, protection or beneht from IT, reject
the utterly false that my private bank &C.
concealed. Under the pretence OF looking for pay
ment in December the demand was for all pay ments
after May and all deposits during months
Tho bank was repeatedly mcnaced with tho re-
moval Of IT'S officers and books to Washington
transcript Of entries OF private business, trusts,
charities, containing every hing but what tho commit
toe was commissioned to investigate but ing which
II WAS commissioned to investigate because nothing
that sor. existed has been taKen with my knowledge
10 Washington VI course, there Is no item rolat-
ing TO anything IN Oregon, for never made authorized
knew OF any expenditure In relation tho
In tnat State or the resulting controversies or any
promise or obligation or negotiation the subject
Mr. Ellis tho acting president oil the bank. himself
republican. some time ago told the chairman of the
committee and several OF its members that there IS
nothing In the account capable Of turtherng any Just
object Ut the investigation. am also informed that
resolution was passed to summon as Witness but
have received no subpoena. had written before this
telegram appeared requesting you to say 10 the
miltee that II would BIO more agreeable to not to
visit Washington II the committee would send sub
committee or hold session here but that otherwise
should attend under the subpoena. As 10 thus ar-
rangeIncnt now reported have only to say that can
accept decorum and decency, but not hctitio US
equivalent for mantle OF secrecy to anybody else.
s. j. TlLDEN.