The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-22

toge. but relied on the law Of the land az defined |
in the CONSTITUTION OF the United States. and of
sarily IL a question Of evidence. What evidence |
is there before this tribunal, or what evidence |
we %s Sre to Judge by the 70 esab
lIshed by this tribunal in the past We infer |
that there Is to be no eyidenSc enc, IS, submitted
returns from the President Of the. Senate This
narrows the INQUIRY, considerably, and In tnat
from what we said before on this question Tor
we would invite you, as before. TO 40 down to |
the bottom facts e the case and look into the
ere to be considcred legal evidcncS9 The evi:
Of The Senate wa first the certificate %, of
Secretary Of State, which f offered as
The evidence on the part Of certificate
No. 1 consists Of the afiidayits Of three per-
dcnce TO identify them ms having been any Of
the persons voted for at that election; Identin-
dcncc on this point offered in their afildavits
These men have no rccognit onthat this tribunal
can take cognizancc OF. and Il this tribunal acts
eyidance S'S oi 'aSathcniicaiicn Which they attempt
that State with the Secretary of State. that II s
true statement of the votes n east with the
to be elected thereto attached In regard TO this
we stand upon the legal proposition that whore
there IL statutory mode oi authrnticNtion II
justice. Mr. jerks in support OF this PROPOSE
tion quoted several authorities. to show that the
certificate must he in ,hc form prescribed
pS power r" 10 certify why the "cSeGrtifcatc ' IS
nSt IN the form sSe ans BY sy qHS Now is mot
there form pres ribcd by law In which this
certificate should be made BY the law q
Oregon II II necessary that the certificate shall
have. first, the att'statIon Of the Secretary OF
State. and second, the signature Of the
% compliancc With this law. the ,oii' Other i' is not.
Now. If IL were claimed thnt the Governor had
fraudulcntly refused 70 do his duty In the giving
OF n certificate it would be your duty, TO inquire
concerning that matter. for YOU could not a,i 10
give validityto to- such an act OF intamy as this.
certificate Of the G1Scrnor and Secretary of
State must be- taken rs complete and conclusive
evidence that Cr9nin and The two other electors
Governor werc tn. only authorized Can
yassing Board to declare the result OF the
election. ana the Governor having exercised
the political functions. YOU have no right to 90
back of thut in the absence OF any allegation Of
ourselves To- this narrow sphere. We ask you
t. gr into the merits AMI truth ot the ras". As
suming. now, for the sake of argument, that
Watts received a grentcr number OF votes than
Cronln, aud that he WAS a Postmaster Of the
United Stdi" at the time those ,ot"S wcrr cast.
was he riertedf We proposed TO- dcmonriru'
that hc was not elected. even If he received a
majority ~ the votes cast. In support OF that
course. the iundamenfnl proposition would br
the Constitution of the United SAt'-. On that
subject the Constitution Of IT," United States
says that no p"rSnn holding an oilieeof trust or
,d AZ rlrcior 1t does nj -.y TIA, any person
holding an olii,e of tN.l 9,ro rrolit
Of appointment is thu all important thing
in reference 90 that. The learned ouun-" On
IN" other sid" have argued that. notwthstnnd-
INK ting M!- lornldd'ii. II II W'iS Iphr even
IN drilanv u The law, why was an at pr
ing the provisions OF the law could h. di-rc-
gard"d ana th" Constitution would AT once be-
eomc,a plns Of o,s9leie Literature. gs,eiH, only
quoted authorities Ia show that the legal
votes are 10 control the ,,yoles that are
elected il he received n majority Of the votes.
! The next question II. was Cronn elcctcdt II
elected. what should lie the effect, Would there
he n Nacuncyf We assume To- establish that
there would not be- a vacancy. II Watts was not
cie,.tci. ana if Cronn was not ec ted hy II
smaller number of votes there Is no vacancy.
llnnnn does not cNrrri-, a privilege. such ~
NaHNni'. Iahr thr clrfiye fran l l-r for instance
and -ulp'-" th'r' worr hunirei voters IA a
/ vote. That would not Affect the question. Tor II
/ T.. pr,Nn"-c that q man may or may not ~.
! That docs not rau-" amy vacancy IN tho prlNl-
| lrge or the right. l. j. not u -elutur nt all that
/ II "A man has "A priNileg" and doc, not eN"r'l-
II inl tnrtr II a., ,!iN y al an}tn,1s, iu.i'
/ L. "a privilege, ami this man tintlinins wnult
/ not auihorIs the llllins as vacancy Will
call yeur .Honprs attention T., tee r"s nj
reSs decided during ia. A-t rr,4sd.n-
ti4l "i-r.ion. - George Corl,-- Of KhpIc
Island, which T. - ho found in tn
/ pHG" 10. la TINT ,n7r "a" question n'lng
VII ether a Centennial uhi"r could mold lh'
on l-r of rltor the court concludes IL decision
ly saving that np person rnn b" elected VINO j.
/ in.l ;ihlr, and tnnt man cannot r"~ign that
which hr h'l7 no A" io mn. There must h' an
/ incumbent. in other words, To- cunSiiiui" "a
vacancy The propositions. then. tnat ~ have
attempted a. show are those First that N" only
evidence before You, which conforms 10 the law
| ni
! Of 'gon and the law of th" United stats, that
which il certified 10 10y the Governor Of the
State of Oregon; second, that the art of that
this inquiry third, that Watts could not be-
fourth. that the votes being cast for ono who
could not BE- appoiinted oronin lhr n"Nt hlsh-
IA" elected; there waS no Nncanly. ahl brlnS no
vacancy, there could be no illing 10y amy col
lege Whatever. Then the case stands In
others come and vote; but you do not
know whether they. are the persons voted
OF not. h''au-r they do noi coms identified ~
tho luw sny- thoy shall come. But assuming
that they were the same persons wh1wer" voted
ior aud properly identified, which Of these yot, =
counted H. cast and the other two NJ they are
Gust. would be the con 'lu-ion should come 20
H. be a correct exposition II the law ami
the true case. BECAUSE the constitutional
decentralization iS not one to be forgotten or re-
pudn'l; 1t l., perhaps, TOO common now 10
regard the provisions Of the Constitution n-
directory. and to b. oheyed or disob"yed al the
option ~ the person VINO may b." hiinnls'rring
them. But W. NIX you to give 10 this truth rs
proper weight i'm lis discussion and, giving it
have indicated
senator Mitchell presented the objections on
hchlli oi me h'luhurn "4rcl"r- ana IN ms
nutnnrizius ihr GD,,rn0r To- rorlif, a minority
candidate clc-,rd The Legislature oi Oregon
@s 9aS P}Sya ny S G,nor @ 4~ ,n'rS III. Supr1d 1a@4
Court, or tho S''rtihry ui stat, bui II dld not