The daily gazette., 1877-01-01
Governor Growers
tn... Action.

We have already said that the more |
calmly and carefully the action of Gov
ernor Grover is studied, the more clearly |
will it appear that his action was we'll |
considered and digmtied. Good lawyers
are now, we think, agreed that either
Cronin, the next Ito, Watts in the poll,
was elected, or shat neither Cronin nor
Watts was chosen, in which case Oregon
has appointed but two electors.
A few persons there are who say that
neither the State Canvasser nor the Gov
ernor could see er know the ineligibility
of Watts, and that both were bound to
declare Watts elected. If this be sound,
both should haze declared Pope Pius TX.
elected, had his name CHANGED to be
highest on the roll. And this being true
and good law, If the constitutionally In
eligible Postmaster or Pope had sent his
vote to Washington, where, on Radical
theories, would have been the power of
remedy? iili.f1 . r- -.
A few other persons have puzzled
themselves over the notion that Watts,
although ineligible by resignation of
the Postmastership after the 7th of
November, and then, by resignation of
his dictatorship" create vacancy in the
college which his colleagues could FIJI.
This is the preeisenotion which troubled
| Governor Lippitt, in Rhode Island, and
led him very properly to ask the opinion
of the Supreme Court, which answered:
| I"Wethink Centennial Commission who
"was candidate for elector, and re
| "ceived q plurality of the votes, does not
''by declining the office create such va
''cancy as is provided flor in General
"Statutes, chapter IL, section7. Section
"7 is as follows: eff any electors, chosen
"as aforesaid, shall, after their said cleo
''tion, decline said office, or be prevented
from any cause, from serving therein,
'the other electors when met in Bristol
sin pursuance of this chapter shall fill such
'tthe Secretary's Office of the person or
"person by them appointed Before any
, "person can decline under this section he
, "must first be elected, and no person can
, "be elected who is ineligible, or in other
: "words incapable of being elected. y
: A man cannot resign that which he
"is not entitled to and which he has nc
/, right to occupy"
, This exactly has been the view of the
World from the beginning. AS to the
resignation, the Rhode Island Court fol-
,, lowed our reasoning in the Vermont case
in these words; ''We think ythe disqualifi
''cation is not removed by the resignation
, "of the office of trust, unless the office is
'sresigned before the election. The Ian
, "guage of the Constitution is that no per-
4 L 'oOu an OluNC VI u llo1 VI plOh
! "under the United States shall be ap-
Q "pointed an elector.' Under our law the
Q selection by the people constitutes the
2 appointment. The duty of the Cover
I 'snor is to examine and count the votes
! ''and give notice to the electors of thei
selection He merely ascertains-he doe
: ''not complete-the appointment. 1
:, ''resignation, therefore, atter,the election
It ''is too late to be effectual.'
0 In respect to the election of the mex
d highest candidate on the list, the Rhod,
u Island Court differs from Governor Grove
but since there is no provision in tn
h Oregon statue for new election, ther
! would on this theory be but two elector
;, from Oregon, as appears from these las
/ two points in the Rhode Island opinion
f "We think the disqualification does nc
!, result in the election of the candi
date next in vote, but in failure to elect
Our statue (Gen. St., chap, IL, sec.
lprovides that 'if by reason of the vote
a being equally divided or otherwise, ther
y shall not be an election of the number {
q electors to which the State may be Ell
v tilted, the kGovernor shall Forthwith
e convene the General Assembly at Prov
d dence for the choice of electors, to fl
r such vacancy by an election in gran
committed We think this provisio
y convers the contingency which has hal
lpened, and that, therefore, the Genera
Assembly in grand committee can cleo
: an elector to fill up the number to whic
!, the State is entitled" -
q In Rhode Island the law had provide
' for failure to elect. In Oregon it ha
!. not so proyided.-lV World.