New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-23

the state Of oregon itself For that state has under
aSen to dcine by the statute what snail constitute
vnroncv namely The death OF The incumbent; second
his resignation; third his removals fourth, ma cashS
to he an incumbent Of the district county, or Town Ut
which the duties 90 the once are Ieql,Ied 10 We '
charged; nth. ms conviction OF an infamous CIlht
sixth ms refusal TO take Che oath " ONCE ptscfc Oh
to give or renew hs official bonds seventh the decision
nf competent tribunal declaring Nod BIS election or
this cannot apply. because in The case or waits on "
suppoSiiion that he ineligible at the umo ol ms
orr final aupluncut there no decision OF Col, e.
tent tribunal declaring void his election or
aud yet on the Other side they argue ia HAT was the
decision OF competent tribunal II So anA ti,,t
the consequence docs not follow from TINS hlalut ','
instead of clcotng the minority candidate IL mere! VIZ
Ent there Is another view to take much stronger II
h,s hccn and must be argued in order 10 El> l'lh o
claim made here that the election OF ~ - ,n,d
date under Constitution Of the thta 9iacs ~
Oh ,iIo The otncr side claim that le ingilSpG t,
date actually elected cannot become an tcd In,
the counsel In referring 10 this statuIe htipo'u
word Incumbent after each OF It's ~ COM
it establishes my prGpo'' Void u" is IN fact tGat man
can be an incumbent altl3nsh ms Tifc'i itnt,.a
bilrs the IW and Inc fact that prohibitions estab
GshiDg incapacs lies Tor Office do not htceSSiR oN1'
conIetrnt tribunals, and that man. nOtWil9SlanilE
the mcapaciy may in fact hod me "'l,e .i = r,bnn,
declaring the validity of MS original appointment; OF ~
his getting out 81 thc way " some olhur lYo
date may actually lie put into occupation OF the G"to
Umtl a drc,lon Of a competent tribunal declared III
statItT gs, vnrthor IN reason and common sonsc he
cannot Voluntarily create n vacancy by doing that which
Inc might he conn ced 10 do bJ decision Oh competent
The Presiding Justicc-Docs tho counsel claim there
was any difference oetweCI vote cast loi az mti-oe
Wr Nafticw,"I6ere was lust as much difference
there was between man and dnoII5e-bt iW'e4 IL,
man capable OF exercising the functions oi the c' 'u
doing le things which the law imposed upon NM ~"
mere nothing. - man5 man i0f a. tnu' M'
though Incapable by law oi holding ~ Office, he never
lie tau exercise the functions Of The Office ana
is EgticS and every acI Heio3I ~ nh mus l, i
the law Tor the performance all thr dniirs irtlnef
in the case OF Caesar GEt mas De'I,phS' i'S' a. ~
In ths decision IbieiJu5ce Chase says tneic ID no
instance OF person actually GiiS.eI AG M i f
tons, have been held invalid.
Commissioner Moron-Nhen m office is hed by az
other person serving - an onteI dc i'c'' anu Nv "
are held invalid as 40 al third persons can tue o'c at
The same timc il Law be held To be Vacant ..,,,.
Mr. Matthcws-t A. not vacant II IT,. person Is iC,"i
in olicc and acting. Tic can lorSo u ~ it's''o' '
II d. is 81, officer &c t0cto the Office Is not vacant -
Commissioner Bi'Ge}-l our poston' I',h' ~ , S,,,
mono bit r,gI.IT5 constituted aE"Hl hdNihr JUS
c.cjion can Oust au Ineligible person VINO mas oc0A
Mr. Ma,lncws-Ycs Sir; because there must be tn
be 'sar,taheH ~ '9gne'' W. y '5 in Ike cs-
lion and deciding 50, whether juGic1! or Otherwise
MI Matthews concluded as follows:
do not stand lyre to-day the counsel for any
person ur any party hut IN the attitude OF man VINO
has ID defend great constitutional aud legal lrA'I.';
/ care nothing Whatever for the popular ciicS an
clamors wlch IL may suit any BODY, VITA lonu anu
The earth / shan be cont,n il anything have sud Nj
contribute to the safety Of our constitution" oLn 1i
government aid 10 Oct rhine the doctrines MII'h ,
al lie foUEOatiuu OF all possible coFtil'Hl me ilgi
that any nan III ms PlIf'c ,,u j. for
his Official character. Wth certain p5 ~, ~ ,,i.
his power. has Il tight TO step Ou OF his sphere q! any
MomeHI ",h ~" ,i ' what b, consider, TO b, IT,
execution OF the high act OF conserving ana lrNT'hE
constitutional powers and rights ana thai 'he
81 STATE lhlt" ny idH 10 ,li Iv 100, mn ,,f,
definite and wei UNDERSTOOD Ih' I Ill., ~, t.rr