The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-22

simply evidence OF the fact. He said Gov
ernor Grover had stated that he had ignor-
ed the state statutes and followed the act
Of congress in the matter of issuing his
certificate. If congress had power to pre-
scribe the form of the certificate, then such
certificate WASH part of the manner of
appointing and in issuing it the governor
could not change the appointment as made
by the state and determined by the secre-
taiy Of state. The determination Of
the canvassing board could not be gone
behind. This tribunal could question
any proceeding down to where they touch
upon manner Of appointment. There their
jurisdiction ends. lie contended that il
the appointment of Watts was void which
he claimed Il was not, still the electors pres-
ent had right to fll the vacancy caused
by the failure TO elect. Odell and Cart
wright being minority of the electoral
college, acted together and appointed Watts
to fill the vacancy. Cronin, a minority.
acted by himself. He submitted which was
the legal college In such case. There
could be only one electoral college and 1t
was conclusive that Odell and Cartwright
being a majority, their title was indlsputa-
bic. In conclusion he called attention to
the intrigue, fraud and corruption in con-
nection with this vote of Oregon which
were however diiuRde the record, and ex-
pressed faith in the justice of the commits
sion's final judgment.
| Mr.. Lawrence next addressed the COM
mission for the republicans, claiming that
the Hayes electors had all the requisites
necessary to have their votes counted. He
summarized the objections to the votes of
the Tilden electors as follows:
First, Cronin refused to act with the
other electors duly appointed or neglected
to attend, and if he was an elector his Of
flee became vacant second, the governors
certificate of the appointment is, as to
| Cronin, shown to be unauthorized and uu-
true by evidence of equal dignity aud legal
value, viz, the list of electors certified by
the secretary of state, and slso the abstract
of the popular vote; third, while the gov
ernor's certificate shows two of the Hayes
electors, Odell and Cartwright, duly tp-
| pointed and certified, the abstract of votes
| proves the certificate as to them to be
legal and authorized, it is shown by the
same evidence that as to Cronin the COVER
nor's certificate on Its face gives no It'll to
| tha oflion hocauea II loea mot oar,ify as tho
law requires, that he ''received the highest
number of votes" but only that he received
| the highest number for persons eligible"
AT the conclusion OF Mr.. Lawrence's ad-
| dress Mr.. Edmunds moved that the further
hearing be postponed until 1880 o'clock and
that counsel have three hours and half on
| each side for the whole case, including Of
fers of proof, etc.
Mr.. Evarts said their side did not require
any additional time as they suppose the
discussion to be mainly one of law.
Judge Hoadley said they expected to of.
fer testimony and they would like time for
that purpose, and added one point they ex-
| pected to prove was that more than LOO
voters in Oregon who cast their ballots in
favor of Watts had notice at the time that
he was postmaster and disqualified After
some discussion Mr.. Edmunds' motion for
| a recess and extension eff time 10 counsel
was agreed to and the commission ad-
| journed until 1880.
| The commission reassembled in the SEN
ate chamber az Z 80.
Mr.. Meriick announced that Judge
Hoadley and himself would appear for the
democratic side. Mr.. Evarts said Stanley
Matthew and himself would appear for the
republicans.
Judge Hoadley then addressed the COM
mission. He said our first proposition is
whether on the admitted facts of the case
the questions are not already solved by the
decision of the commission in the Florida
and Louisiana cases. We contend that the
principles controlling this case have been
already announced In these cases only
such documents and papers as if offered
aliunde would be competent to be received
may be considered, when found
within envelopes sent to the pres-
dent Of the senate, and the de-
cislon of the returning board,
acted upon by the governor of the state is
final and conclusive. In support Of this
view he quoted from Mr.. Mortons speech
yesterday that the action OF the state Off
GERS was the act of the state and COM
pared the law of Oregon with the statutes
of Florida and Louisiana. The next prop
osition he contended for was that when the
commission or certificate of election had
been delivered to an officer and he accepts
it and enters upon the performance of the
duties of his office he becomes an officer
de jure 81 de .Jact0 IN all courts, In all places
and under all circumstances, except when
his title shall be impeached by quo ,oarrantO
certi0rari, or a contest pursued under the
statute for contesting title. He then re-
cited the facts of Odell aud Cartwright re-
| fusing to act with Cronin, who held of
fetal evidence of his election, and of their
proceeding to act with Watts, although
Cronin was ready to act with them. He
cited authorities in support of his PROPOSE
ton that Cronin, having certified to the list
OF electors was an elector de .jure and dc
t1cto, and his action could not be ques-
toned except by writ of quo warranto
The cousel then presented two PROPOSE
tions: First, that the papers en-
closed with certificate number
one are of no value as
evidence, by being in that certificate nor
otherwise, unless they are shown to be
duly authenticated in conformity with the
/ r. ~ Al