The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-23

PCSiuCut Nj TIC ODlutu OtAtcS III VIC
state of Oregon. Nov. 7, 1875.
The Electoral Commission.
THE OREGON CASE.
WARRINGTON, Feb. 2l.-The electoral
commission met at o'clock all the mem.
bers present.
The president laid the papers received
from the two houses before the commits.
sion, and, on motion OF MIR. Abbott, they
were ordered printed.
The papers were then read by the sec.
rotary.
Judge Clifford asked who appeared as
directors on the two sides.
Senator Kelly announced that himself
and Mr.. jerks would appear as DIRECTORS
| to certificate No. l, and Senator Sargent
announced that Senator Mitchell AMI Mr..
Lawrence would appear as DIRECTORS to
certificate No. 2.
Mr.. Kelly asked for the production of
the resignation of Watts from the post
office department, and also that Senator
Mitchell and Mr.. Watts might be subpG.
naed as witnesses.
Judge Clifford asked if the witnesses
were within reach.
Senator Mitchell said they were both
In the room.
The orders In both cases were granted
and at the request Of Senator Kelly, who
was acting for directors, a recess OF hall
al hour was taken to allow him to pro
cure the necessary books. &c.
The commission was called to Ordel
again at ten minutes past 2 o'clock, ant
Senator Kelly proceeded to submit hi
objections to certificate No. l.
SENATOR KELLY's ARGUMENT.
| He said ne PRESUMED tnas the.o woult
| ,,o+ no . a;er"to ~ 40 th'~1 -Nj""t'.. 80
viz, that Watts was postmaster, ant
they were prepared with proof to sustain
the allegation. Ii this was an office OF
profit or trust, the constitutional inhibi.
ton was as clear as language could make
1t. Mr.. Kelly argued that Watts was
not qualified on the 9TH of November,
when the election took place. He could
not be elected at any subsequent election.
In the Vermont case, he said, the legis.
lature had been convened and had de.
cided that Solace being postmaster was a
Federal officer, and consequently ineligi.
bic, and had filled the vacancy.
The Rhode Island legislature had
taken similar view, and filled the va.
caacy in like manner. He commended
thst the states had power to enforce the
provisions Of the constitution, and that
If the state of Oregon had excluded In
eligible electors, she had but done her
duty.
He contsnded that by the constitution
and laws OF Oregon tho person receiving
the highest number Of votes was entitled
to be declared elected.
The election was required to be held
November z, and there was not time to
hold a second one, neither was such a
subsequent election authorized.
Mr.. Kelly argued: that this was ques-
tiOn Tor the executive and tho governor
had the right to decide. The governor
has, he SAID. the right to inquire into
these facts. He has the right to inquire
into ineligibility and issue q commission
when there is any infraction of the con-
sttution. In other words, in the very
words of the constitution, he shall see
that the laws are faithfully executed.
Shall he cit quietly by, knowing that this
man Watts was postmaster holding an
ONCE OF trust under the constitution of
the United States and OF the state OF
Oregon, and see both trampled under
1907 by giving the certificate to q man
who 10 ineligible9 The governor of
Oregon and secretary of state are the
per'ons to canvass these votes. There is
no evidence that there was q canvass by
any other herein. 1t is for them and
then only, and they have decided. They
nave given their certificate that those
three yentlemen are eligible, mean in.
cludiR MIR. Cronin. 1t matters not how
they ome to that decision. The pre-.
sumpun OF law will always be that It
was upu sufficient evidence.
Mr.. jerks ARGUMENT.
Representative jerks next addressed
the commission tor the Democratic side,
and afterluite lengthy Argument, thus
summed lp the propositions he had
sought tohow: First, that the only
evidence efore you which conforms to |
the law otthe land IL the evidence as re- |
quirsi byae law of Oregon a.d the law
Of the Unsd State, that which Is certified
to BY the rvernor of the State Of Ore
gon.
2. Thathe certificate Of that governor
70 eoncluse upon this tribunal In this
inquiry. |.
.. Ths Wells could not be elected
even II hhad majority Of the votes.