The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-02-22
The Electoral Count.
Oregon Before the
Commission.
Arguments by Objec-
tors and Counsel.

WASHINGTON, Feb. 21.-The House met at 10
o'clock and an hour was consumed in ascertain
ing whether there was quorum present, and
in the reading of the testimony to sustain the
objection made yesterday against the electoral
vote of r. M. Daggett of Nevada.
Mr. Springer, who made the objection yester
day, offered resolution that the vote be count
ed, and explained an error made in describing
the office held by Daggett as that of United
States Commissioner, while the testimony show.
ed that he held the Office of clerk Of the United
States Court.
The House decided to let the three votes of
Nevada be counted and the Senate was notified.
AT II 45 the Senators entered the hall and took
their seats.
The presiding officer called the meeting to
order and directed the reading of the resolution
of each House in favor of counting the vote of
Nevada.
The teller then announced that the state of
Nevada had cast its vote fo- Hayes and Wheel
er.
Then followed in succession the states of New
Hampshire. with five votes for Hayes and
Wheeler; New Jersey, with nine for Tllden and
Hendricks: New York, with thirty-fve for Til
den and Hendricks; North Carolina, with ten
for Tilden and Hendricks; Ohio, with twenty
two for Hayes and Wheeler
The presiding officer then opened and handed
the tellers certificate received from the state
of Oregon. 1t was read by Mr.. Stone of Mis-
souri,, and proved to De the sworn certificates of
the three Hayes electors, Cartwright, Odell and
Watts, executed before notary public.
+ The presiding officer then handed to the tell
eIs the certificate of the three rival electors,
Cronin, Miller and Parker, authenticated by
the signatures of the Governor and Secretary
of State, with the seal of the state attached.
This certificate gives two votes to Hayes and
Wheeler and one vote to Tilden and Hendricks.
Senator Mitchell of Oregon, presented Obiec-
tious to the certificate of Cronin, Miller and
Parker, on grounds which have already been
made public. This objection is signed by Sena-
tors Mitchell and Sargent and by Representa-
tves Lawrence of Ohio, Burchard of Illinois,
and McDill of Iowa.
Senator Kelly of Oregon, presented an objec-
ton to the Cartwright, Odell and Watts. 1t IS
signed by Senators Kelly, Bogy, McDonaldson,
Stevenson and Cooper, and by Representatives
Field of New YorK, Tucker of Virginia, Lane
of Oregon jerks of Pennsylvania, Wslling of
Ohio, Clymer of Pennsylvania, Wiggnton of
California, Poppleton, Vance and Hurd of Ohio,
and Luttrell Of California.
All objections to the Oregon certificate hav-
ing been presented, they were referred to the
Electoral Commission, and the Senate returned
to its own chamber.
Proceedings in the Commission.
The electoral Commission met at 10 o'clock.
All the members were present.
The President laid the paper received from
the two Houses before the COmmiSs ion, and on
motion of Mr. Abbott they were ordered to be
printed. The papers were then read by the
Secretary.
Senator Kelly and Mr.. jerks appeared as
directors to certificate No. 1, and Senator Mitch
ell and Mr.. Lawrence as objectors to certificate
No. 2,
On motion of MIR. Kelly it was ordered that
Watts be subpWnaed and his commission and
ao;0 ,ot; ha produood from IA Post Off 70
Department.
The Commission then took a recess for half
an hour.
The Commission was called to order again at
10 minute past 2, and Senator Kelly proceeded
to submit his objections to certificate No. l. He
argued that if Watts was not qualified on the
7tA of November, when the election took place,
he could not be elected at any subsequent cleo
ton. In the Vermont case he said the Legisla-
ture had been convened and. Sollace being a
postmaster, Federal officer, and consequently
ineligible, filled the vacancy. The Rhode Is
land Legislature had taken similar view and
filled vacancy in a like manner. he contend
ed the states had the power to enforce the pro-
visions of the Consultation, and that if the
state of Oregon had excluded the ineligible
elector she had but done her duty. In support
of his position, Mr. Kelly cited report made
by Felix Grundy, Henry Clay and Silas Wright,
Congressional committee in 1887, in which
these gentlemen held that deputy postmasters
commended that by the constitution and laws of
Oregon the person receiving the next highest
number of votes was entitled to be declared
elected. The election was by law required to
be held November 9TH, and there was not time
to hold second one, neither was such subse-
| quent election authorized. Hence, if there was
no election on that day, or If those receiving
1 the highest number OF votes were ineligible
| there could be no election, and the state would
| be unrepresented unless the votes for the high
act. 1inih 10 npdi n Lotto r oil u
quoted the authority of the Oregon Supreme
Court tosshow that the Governor has right to
enquire into the eligibility and issue commits
sion when there is any infraction of the Con-
stituton. In other words, in the very words of
the Constitution, "He shall see that the laws
are faithfully executed
Mr.. Kelly contended that tine Governor and
| Secretary of State were the proper persons to
| canvass the votes and issue certificates to the
| other electors. There could be canvass by
| gentlemen, including Cronin. 1t mattered not
| how they came to their decision The presump-
| ton of the law will always be that it was upon
sufficient evidence. They had evidence Of the
| ineligibility of one Of the candidates. and they
decided it was sufficient to exclude him, aud
therefore certificate was given in the Ian.
| guage that was read here. These two officers
| are the only medium of communication be-
tween the state and Federal government.
Commissioner Abbott inquired whether the
certificate which was presented here was not in
| exact accordance with the provision of the law
of Oregon in every respect.
Senator Kelly replied it was in exact accor.
dance with the law of Oregon and the law Of
| the United States.
Commissioner Abbott inquired whether there
was any other board in Oregon except that con-
stituted by the Governor and Secretary of State
who could certify to the election of electors.
Senator Kelly replied there was none
Representative jerks next addressed the
Commission on behalf Of the Democratic side.
He also argued that the law of Oregon and OF
the United States had been perfectly complied
with by the Governar. If, he said, it were
claimed that the Governor had refused to dc
his duty in the giving Of certificate it would
be your duty to inquire concerning that matter
for you could not aid to give validity to such an
| act of infamy. Unless such charge is made,
however, the certificates Of the Governor and
| Secretary of State must be taken as conclusive
| evidence that CroIin and the other two electors
were elected. The object of the certificates of
the Secretary of State so to identify the person
as the person voted for.
The next question would be the effect of that
evidence in the case of error or mistake if it
was shown that the error was wilfull and fraud
ulent We assert now, as we always have, that
fraud vitiates the whole proceedings. That the
granting of the Commission is political act and
as such cannot be inquired into except wilful
fraud. by any other tribunal than that whose
duty it is to exercise political functions. The
Secretary of State and the Governor were the
only authorized canvassing board to declare the
result of the elevtion, and the Governor having