Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1877-02-28

t848---VOL. 2S, NO. 46.
the state investiture by o state of rea
rank and title. All else was mere
proof, mere pyima .facte evidence, tt
be taken as proof only until confront
ed by proof and shown to be false
Thc certificate of the Governor wa.
sought to be taken here as substi.
tute for the canvass. 1t was signed
by the Secretary Of State simply as an
attesting witness, and not as the can.
vasscr Of the votes; that the possess.
ion of the commission was not essen.
tial to performance Of the office, he
contended was a well established
principle of law. The certificate OF
the Governor of Oregon did not con.
form to the statutes Of the United
States or of Oregon. Suppose the
certificate had been authorized, II
gave the election to Odel, Cartwright
and Cronin, body of three persons
to meet, consult, deliberate and vote
together in the college, which neces.
sarily consisted of three he eontend.
ed that one person could not act as q
body; that the act of q quorum could
only be accepted as the acts ofa body.
This view of the case had been sus-
tained by decision Of the supreme
court of Oregon. In regard to what
constituted vacancy, he contended
that when the object was to keep up q
body to its full number for the pro-
lection and interest of the people /:
when 1t was sought to guard against
every possibility of the college not
being full, the word otherwise would
be construed literally, and that it
was intended to cover all vacancies
that might occur that q vacancy ex-
isted which the remaining members
were empowered to fill. Matthews
combatted the proposition that the
ineligibility of Watts made q non
election or that the votes cast for an
ineligible candidate were void. He
also contended that the Englisht de-
cisiOns which declared that a candi-
date who was eligible, but who re-
ceived less number Of votes than his
ineligible opponent, elected, had not
been adopted as the American rule,
which was that when such case oc-
CURED, neither was entitled to the
Office. II, however, an ineligible officer
was not objected to, his official acts
stood as long as he held Office. In
relation to self execution of the con-
stitution, he agreed that unless there
was legislative provision it could not
be executed. The prohibition of
states from making laws impairing
contracts could never be executed
but for legislation, which provides
courts and judicial power to try the
alleged violations Of the provisions.
Matthews closed with. the declaration
that he had appeared not as counsel
for any party, but in support of a
great Constitutional principle, re-
gardless Of any popular clamor that
might be excited. For Governor to
take upon himself executive, Judi
cial and legislative powers, was to
bring about complication that
would make the confusion of the
Government inextricable. Judge
Strong said counsel had now oc-
cupied two hours each and still the
question of admissibility of evidence
was before the Commission. He
thought that it should be received
now, subject to the Judgment of the
Commission as to its effect. The
proposition was adopted, but neither
papers called for in subpoena duces
tecum served upon the Post Master
General, were at hand, nor were
witnesses present, and the Commits
sion took recess.
After recess Merrick offered q cer-
tilted copy Of the commission of
Watts as postmaster, dated Feb. 13,
1873.
Evarts objected to the papers as
not authenticated, but said the Post
master General was in attendance,
ready to verify papers from his Of
fee.
Judge Clifford sustained the objec-
ton, but said they had right to have
them certified under order of the
Commission.
Evarts waived his objection and
Merrick next presented the commits
sion of Henry M. Hill as postmaster,
dated Jan. 3, 1877, in which it was re-
cited that he was appointed Nov. 8
1876, and that on the llth day of De.
cember, he executed his bond and
took the oath Of office.
Postmaster General Tyner was call
ed by Evarts. A telegram from
Watts resigning the postmastership
was produced and it was admitted.
This was received Nov. 14th and an
answer accepting the resignation was
sent the same day. On the oath of
November witness received a letter
through special post office agent, I'm
derwood, in which Watts rendered
his resignation on the l4th of Novem-
Der. Witness telegraphed to Under
wood to take charge of the office, till
Watts successor was appointed. On
the 24th of November received let
ter from Underwood stating that he
had taken charge of the office accord
ing to instructions. Other kilograms
were produced to show the details in
connection with the resignation oi
Watts and the appointment and quail
ification of his successor.
Thurman inquired if there was any
law or any rule of the Department
that required the accounts Of post
master to be settled before his resig-
nation could be accepted.
The Postmaster General replied
that he was not aware of any.
Watts was called. and testified to
the same facts relative to his resigna.
ton and its acceptance.
j. M. McGrew, Sixth Auditor, was
called, and testified that the accounts
of Watts had been adjusted and set.
tied up to, and including the l4th OF
November.
Evarts commenced his argument at
halfp one, with the claim that the
course pursued ON this side in con-
nection with this case, was consistent
with their claims in the Florida and
Louisiana cases. In those cases the
certificates had been in accordance
with the canvass and they now held
that the certificate in this case should
conform to the canvass. No l con.
forming to the evidence was conclu-
sive and therefore maintained that il
was the rightfHl certificate and he
charged that the opposition had
changed their positions in the differ.
ent cases and for that reason had
been compelled to change counsel.
The Commission Goes Into Secret
Session, But without Voting,
| Adjourns.
| WASHINGTON, Feb. 22.-Evarts thcl
took up the certificate of Odell, Cart
wright and Watts, claiming that in il
every requirement of the Constitution
had been complied with. He insisted
that the evidence of title rested OF
this certificate and not in the ont
/ which had the GoYernor's signature