The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-06
GOV, GROVER AS A WITNESS
TuB OREGON sTITEsM4N WORSTfNG
SENfTOR MORTON.

kboviua TINT his Action wns In Accordance
with the tOu-iitution-N tcrtihcate
was Given to Cronin Instead OF watts
Guidcd by the Laws Of the United states.
WASHINGTON, Jan. j.-Gov. Grover was
before Mortou's Committee to-day for a con-
siderable time. and after searching cross fire
produced a most favorable impression on all
Republicans present. apparently even on Morton
himself The latter began the investig alton In
his pcculi rlN srappish and insoent manner, but
GOV. Growers uienincd, quick. and lucid replies
entirely disarmed his antagonist, and with an
air Of evident disappointment he changed his
tone and treated tho Governor with marked
respect. lie had found focman worthy
of his steel. From the opening to
the close OF the inquiry 1t was
nothing but succession Of defeats for Morton,
who wriggled ou' " one position into another,
and showed the nervous anxiety Of ore who
finds himself with an elephant on his hands.
H. began by throwing out inquiries that 'nded
80 mpu-n Gov. Growers honesty In his dec, ai0n,
es cci1y limiting that he had acted on aug
gestous from the Ei-t. But the Governor
drov. him from this position by sayin. that his
decision had been carefully compiled after duly
hearing arguments on both sides Of the case
and purely on his own judgment as lawyer
lis replies proved him wonderfully verscd In
legal lore and presidents bearing on this case
Morton was equally unsuccessful when he ap-
rroAched the Governor a. to his Judicial power
over the count and the giving of certificates tor
that gentleman quoted an authority from Nor
TOM own State snowing that the duty Of giving
commissions ard certificates u election nie POI
ltical. ANA the responsibility rests alone on the
discretion of the Executive a. "A cOn.ervator of
the Constitution. lie regarie d the Constitution
paramount when any conflict was discovered
tetwcen is prov i,ions ANA those of the OREGON
Cur-titut,on, and had acted accordingly in GER
tfNinx 10 Cfonih's election
Finally Morton win great show Of conse..
quence, referred To Mr.. Patrick's visit, ont Of
which Republicans have tried to extract some
tnine sens tional. On thts point Gov. Grover
sad with cutting Indifference, that the gentle.
man hsd called on him ana remained perhaps
ten minutes: that lac was very much occupied
with official duries at the lime, and regarding
the call merely as one OF courtesy on him g
Governor. had paid little or no attention to Mr..
Patrck's remarks.
Governor OF Oregon since 1870, ana has been a
resident OF that State Tor twenty five years. He
WAS born In Maine, but resided la PENNSYLVANIA
for some years previous 10 going 10 Oregon. His
attention was nrst called To the Watts case
few DAYS before the counting OF the
electoral vote 10y the filing Of protest signed
by many residents against his (GroSer's) issuing
the ceitincats Of election To Warts on u
ground that Watts was Postm ster on the
day of the election. and WAS therefore IN
eligible. Several fii Wits made by resi-
dents or the county In which Watts
postm ister accomp MED the lrotcst
When the vote OF the state was ,anvassed bv
the secretary OF state. GOV. Gruv r was present
ana gave notice that "A prutes' mad been nled
against the Z antins Of certificate Of election
t. " ats. and a. Il was NOT then time ~ nv,
certificates he would appoint 10 O'Clock OF next
q " tz he time wneu ne would hear nr.umaut.
hom both sides. All the Republican, electors
heard the a. nOun cement. Attic hearing mex
iay tue ltepuOcan electors fled acountet d ~ 81
deMandius taat certificates Ue given according
l. the Noie ne declared by the Secretary 81 state,
but Il did not deny that Watts was a post
master. All who desired were heard IN relation
Ia this subject. and the discussion that was be-
gun 10 the morning was kept w through the
DAY and evening. Inc next morning certificates
rrt, sven ~ witness To- the three persons VINO
we're tliglulv under the Cons tuition.
10" opinion that hc had published. wing the
- 'nis Tor his action III granting me electoral
,tftlhcatea az he 81 was IrepIred b.l,r. ma
decision In relation TO the issuing OF certificates
Wa. AnuOuncud. Ii was not printed untlI fer
tne decision was announced. Ic received A
letter from judge HOidey Of Cincinnati. eul-
Tracing several authorities In relation To- tbis
electoral topic. Ii was an ordinary tnree-pace
letter. Judge Hoadley never sent to the wit.
ness COPY of the brief that he (Hosdley) has
since published ia reidttOn to the eii.nDity OF
electors. The witness received Judge Hoad-
iey's letter about week before lie made
Hoadley ty teputation only; did not know us
politics Judge lioadley did not say in his letter
that he WIS told to write to the witness
The Witness auti ority Tor his acton in pron,-
ING Tue eeitlncates Mas not the statute law Of
oregon. lilo regarded that. when constitutional
Or" ctl'n was MADE as IN I G case of Watts, II
was his duty 10 hear and determine. II Is a rule
of the oregon supreme Court mat. In case If a
consutulnhli question being raised As regards
the eligibility ~ those elected TO offire the Gov
ernur snail hear aud determine: that be has hat
rght as the cunsetvatOr OF the Constitution
se ton IN tue oregon statutes requires the Cow
ernur 10 certify 10 the election Of the u.rson
having the highest nun Der of yutes mn mo
witness con, ei ion Of that section OF he star
utes Is that u refers TO the person having the
highest nunber Of legal votes. 4 he section
referred To- requires the ,ytruOr, not ON, Ia
t"ftiib 10. but to declare elected the uerspn
hhNlhg the hisnert nuinUtr # votes out he did
L"t consider ihlt the statutes rtquiIed ni IA 10
d"riHr" "a wrong. as he would have to 90 IN g. 81
thr 1-r-on who Received the highest uuni Ter of
votes Was ineligible.
he Witness SAID that IN relation 10 the ,,ivln,
al certificates 10 the electors the Contribution
ana al AW Of CJngicss conflict with the statute
q bfes %. " lille the former makes n the duty
81 inc Governor OF the State 10 grant certificates
T. ELECTORS the Litter says the secretary OF State
sha give IN" ccr.incairs. Were tue laws OF
We co. "a sat : and ~ Oregon COZ flIcfed, he
former Wv
lie rad no correspond with prominent
gentlemen ih New Yoik, JHt received "A rlegram
rom X S,uttor Gwiu. in which he : ia int
eminent legal gentlemen OF New YORK we're II
nilnl ilat Postmaster Watts was ineliglole
me witness $50 Received "A t-ie-fan from MIR
newt 'hdl 'uan Of the Democratic National
,"l"Wlttte, lh " ilcu Ice citvd several legal Il
ol''hs arlug on tnr Gaze Of w tt-. lie also
it.'N. q rel er IN from Nanfon Marble. call
lhg MS 4Ventlon to the case of Wa .. 1 he vii
I''s answered .ir. Aarll .hAt tie T. Sc WAS IN
yer careful consideration. The Govern r sid
tLAt nr Knew nOtnln, / anv transfer II money
iINlil New ORR aud then NORTON peltisn,y re-
hlilArl ilihi he was nor willing to continue ina
'Afhilh ZION ftrlucr wnllr senator Mitchell "a :
sr-eni' hud covered his retre L ny Lostpouiuy
tAs iAqny.