The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1877-03-09

HE ELECIVhAL tOHAlSSlUN.
Fen. 2i.--The Electoral Commission met
at O'Clock. all the members present. The
President laid the papers received from the two
houses before the Commission. senator Kelly
announced that himself and Mr. jerks would
appear as DIRECTORS Ia certificate No. I, and
senator Sargent announced that senator Mitch
ors 10 certificate No. ?. After short recess.
senator Kelly proceeded 20 submit his objections
TO certificate 40. 4. which were briefly A. fol-
low !. That Waite. being Postmaster AT the time
Of tae election. was ineligible; that by the Con-
stltution and laws of Oregon The person receIv
ing the next highest number Of votes was en-
titled 70 be declared elected and mat
prima fncie evidence OF his election. Represent
alive jerks followed on the same side. making
the following proecsi,ions. !, mat me only cvi.
law Of the land is evidence required by the
law Of Oregon and the law OF the United states.
viz. that which Is certified @ by the Governor
Of the State OF Oregon. ?. That the certificate Of
that Governor IL conclusive upon this Tribunal
In this inquiry. 3. That Watts could not he
elected. even Il he had majority 81 votes
4. That votes being cat for one who could notbe
appointed. Cronn. the next highest. was elect
ed. b. That even II Lronin n elected.
there was no vacancy. and there being no va
cancy there could be fllling by any college
whatever. senator Mitchell presented objec-
ti.ns on behalf Of the kepsbli-
cans. and IN his argument said lin
Govcrnor 10 certify minority candidate elected
The Legislature " Oregon might have provided
that Electors should be appointed BY the Gov
crn0r, the supreme Ourt or secretary OF state.
but IL did not. but did direct that the people. the
qualified electors. shall. by plurality 81 the
votes % be cast IN the different precincts choose
Electors. The decision ~ the state, through its
canvassng officer. being dnal and conclusive.
Oicll and Cartwright. being a majority Of the
Electors constituting the Electoral College In
Oregon. whose title u questioned by no one
Hv the Governor his rcFftIr4fr. hut
by II approved-iheir certificate. as 70 the IN
that there was vacancy, and that such vacancy
was filed by them. IL conclusive. not only as
against Cronin. but 10 all other persons, She
state, the General Government. tongress and
the Electoral Tribunal rs well" Mr.. Law
renee continued on the same side and said that
the whole controversy might be disposed OF
in favor Of tile HAYES Electors by sin
gle proposition-that II the monstrous position
could be maintained that Cronin was legally
appointed. yet he refused 70 act. neglected %
attend with Oie and Cartwright. and his
place became vacant and Watts was duly APP
pointed 10 al IT,. tomm zsioner Edmunds here
moved that further hearing be postponed until
: O'Clock. and then proceed IN the senate cham
her. and that counsel have three hours and n
half time on each side for the whole case, in
GLIDING Offers o. proof and every thing. So
ordered After recess. MIR. Merrick announced
that Judge Hoadley ana himself would appear
aid Judge stanley Matthews and himseif would
appear for the Republican side. Judge HOadley
then addressed the Commission He claimed
that the principles controlling THIS case nAd been
already decided in the cases Of Florida and
Louisiana. Oniy such documents AMI papers
as. II offered aiiHnde. would be competent " he
re eived. may DC eonsilered y ben ionnn within
envelopes sent a. the President 81 the Senate,
ana the decision ~ the Returning Board. acted
upon by the Governor OF the state, ~ nnal and
conclusive. Mr.. noahley sisted that nc Com,
mission excluded evidence in the Florida and
Louisiana cases because IL was " thout judicial
power and said without the exercise % judi
cial power. you can not deprive Iiden and Hen
~ xofa AZ fsrf In
out the exercise of Judicial power you can mot
award IL ~ Hayes AMI wheeler" At the con
clusion ~ Hoadlty's argument the Commission
adjourned until 10 tomorrow.
FKB. 22.--The Commission met at 10
O'Clock. and tanley Matthews made an argu-
| nent in opposition % the Cronin certificate, No.
2. lie took the ground that the certificate of the
Governor. when IL Was shown IL was not war
rant 10 the Electors for the performance 81 their
duties, fell % the ground. The law OF oregon.
he said. made IL he duty OF the Secretary Of
state 70 canvass the votes for Electors
4 and certify the lists showing who had
received the highest number Of votes. and there
the canvass ended. We co'rhafci The progosi
ton that the iaeliglhiliEy VI v ats made a non
election, or that the votes cast
for an ineligible candidate were voia
At the conclusion ~ Mr.. Matthew'S address. IL
was ordered. upon motion ~ Judge ~trong !,
that evidence should now I've received, subject to
the judgment Of the Commission rs 20 - eject.
produced. shc ing that watts rendered his
resignation byteegraph on Nov. IA. and the an
swer accepting the resignation was sent the
ass and au s. 2 .ass
In favor Of certificate No !. saying that their
course IN this case was entirely consistent
with their claims In the fiorida and Louisiana
cases. In those cases the certificate hal been In
accordance with the canvass, and they held now
that the certificate rhould conform 70 the can
vass. These two conforming, the evidence was
conclusive. The canvass. he maintained, was
the substance. the certificate. the form. He
charged that the opposition had changed their
claims with the different cases, and for hat
counsel. MI Merrick followed for
the Democrats lie said that he addressed him
self 20 the tribunal. believing they would al
here 10 their previous decisions. and apply the
same principles 70 the decision Of the Oregon
case that they did ~ the Louisiana and Florida
cases lie must consider that the real meaning
OF their judgment In these cases was that the
certificate 81 the Governor was conclusive and
ultimate act performed by the state, beyond
which they had no power 70 60.
and Florida. In reference 70 the ascertsinmento 81
the result Of the appointment Of Electors, was
similar 70 the law II Oregon, and submitted IN 4
10 withhold the commission. 70 Withhold the Ger
tincatc from the party deemed by the Governor
10 be ineligible 70 eicc, was the legitimate pr
Torrance Of a constitutional and proper * ca
argument, = p M. the Commission went into
secret cessation for about two hours. when they
adjourned, after having decided 20 take vote
al y. m. tO-morroW.
FEB. 23.--After a secret session Of four
and hall hours upon the oregon case. Senator
Thurman being confined 70 his bed by sickness.
the Commission proceeded 70 his residence.
where a number ~ votee were taken upon qurs
| lions previously discussed. The drst vote taken
| was upon resolution declaring Watts incligi-
bic within the express terms 81 the Consttu ION (,
vote Of It's Another resolution, declaring
Odcil and Cartwright the only Electors chosen