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

ESTABLISHED
tho matter of issuing his certificate
he tells, ignored tho State statute.
and followed that of Congress. L
Congress had power to prescribe tht
form ofa certificate, and 1 believe Il
had, then such certificate is no par,
of the manner of appoincment, and in
issuing it Governor Grover could moi
change the appointment as made and
officially determined by the Secreta.
ry of State as final and conclusive
act in process of appointment. Be.
hind this ultimate determination OF
the Canvassing Board, neither the
Governor of the State nor the tribu-
nal whose final duty it is to count the
votes for President and Vice Presi-
dent, whether it be the President of
the Senate, the two Houses Of Con-
gress, or the electoral tribunal, can
rightfully 60. The electoral tribunal
can question this or any other pro.
ceedings down to the boundary line
where they touch the manner Of ap-
pointments. There jurisdiction ends.
The decision of State through its
canvassing officers being final and
conclusive, Odell and Cartwright be-
ing majority of the electors consti-
tuting the electoral college in Oregon,
whose title is indisputable and ques-
toned by no one, not even the
Governor in his certificate, but by it
approves their certificate as to the
fact that there was q vacancy, and
that such vacancy was filled by them,
is conclusive, not only against Cronin,
but all other persons.
At the conclusion Of Judge Hoad-
ley's argument, the commission adj
journed till 10 o'clock to-morrose.ss
Representative jerks next ad-
dressed the Commission for the DEM
ocratic side, and after quite q lengthy
argument, thus summed up the prop
ositions: He had attempted to show,
LIST. That the only evidence before
you which conforms to the form of
law, is the evidence as required by
the law of Oregon and the law of the
United States-that is, which is certi-
fed to by the Governor of Oregon !;
I'd. That the act of that Governor is
conclusive upon this tribunal in this
inquiry. Sd. That Watts could not
be elected, even If he had majority
of the votes. 4th. That the votes be-
ing cast for one that could not be ap-
pointed, Cronin, the next highest,
was elected. 5th. That even If Cro-
min was not elected there was no
vacancy, and being no vacancy there
could be no filling by any college
whatever, then the case stands In this
way: CrOnin comes and votes, two
others come and vote; but you do
not know whether they are the per-
sons voted for or not, because they do
not become identified, as the law says
they shall come, but assuming they
were the same persons who were vot-
ed for, and properly identified, which
of these votes should be counted /?
Cronin's vote should be counted as
cast, and the other two as they are
cast would be the conclusion / shall
come to from these several PROPOSE
tions.
Senator Mitchell presented objec-
tions on the part of the republicans,
there was no law authorizing The
Governor tn certify a minority candi.
date elected. The leoisIature Of Or.
egon might have nrovided that the
electors should be appointed by the
Governor, Supreme Court or Secre-
tary of State, but it dId not, but it did
direct that properly qualified electors
shall be appointed by plurality of
that a majority of the electors nres-
cnt was a nnorpm. that the act nf a
onornm was valid n decide whether
q vacancy had arisen and tn iii II
He aruned that Watts was elactad
and became de fncto. that his res;gna.
tion Created vacancy which was
nropcrlv filled bv his rc.annointment
and that he did net was sbnwn NV the
record watts being AN off;cer Je
fncto for that reason his acts were
good
Comm;ssioner Edmunds movad
that further hearing be nostponed
until 7 .3) O'Clock. and then nroceed
| in the Senate chamber. and that coun.
sci have three hours and n half on
each side for the whole case. includ- :
Gar sonoa S;s.n.s;an ona,,n % ,ho
members nf the Comm;ss;on Ell Ell
mnnd,S n,ot;o, Co. rooass 90 e. ~
tons;on nf t;n,o No. o~road ~ ona
tba con, u,;ss;n,, thoror,so, aa;o,,,na5 |
mntiI ! .aO n m ~
The Comm;ss;or ro-ossomb,od :,
tho Snpata chomhor 81 .oO
Merr;ct announced tho, J,aoo
Hoadlev and b;mself would snnaer
for the democrat;c s;do ff
Evarts said .Jndre Stan,ev Mat.
thcws and h;mself wouid annear for
the rannhl;can side ~ f ~
.In,lre Hoad,ev tber adaressad tho
Comm;sa;on He claimed the nr;nc;.
nles controil;no this case had airesd =
been decided ;5 tho cases ~ IF T.on;s;. .
ana and EIor;da only sncb Socnmants
and naners az If offered nI;mnde
would II aoo.o,t - ~ n;,,o.s