The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-22
Preceedings OF the Electoral Con-
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mission.
WAsHIsaTos, February 2,.-The
Electoral Commission met at O'clock
all the members being present.
The President laid the papers received
from the two Houses before the Commis-
sion, and on motion of Mr.. Abbott they
were ordered to be printed.
The papers were then read py the
Secretary. .c.s-.ss .aas as nGF
Judge Clifford asked who appeared -
objectors on the two sides, 1 s...t
Senator Kelly announced that himself
and Mr.. jerks would appear - objec-
tors to certificate No. l.
Sesstor Sargent announced that sem
stor Mitchell and Mr.. Lawrence would
appear as objectors to certificate No. 9.
Mr.. Kelly asked an order for the pro-
duction before the Commission oft
resignation OF Waits from the postoface
Department; also that Sesrtor Mitchell
and Mr.. Watts might be subpensed rs
witnesses.
Judge Clifford asked if the witnesses
were within reach.
Senator Mitchell said they were both
in the room.
The orders in both cases were granted,
and at the request of Sen stor Kelly, who
was to open for the objectors. = recess oil
half an hour was taken 10 allow him 10
procure books, Sc.
The Commission was called 10 order
again a. 10 minutes past O'Clock.
Senator Kelly proceeded TO submit his
objection 10 certlac, ate No. /. He said be
presumed there would not be any dispute
OF the third objection, viz: that Waits
was postmaster, ss they wers prepared
with proof TO sustain the allegation. Ii
this was an office of profit or tru.t the
inhibition WAS Ms clear xs
language could mske il. Mr.. Kelly
argued that If Waits was not qualified
on the 7th of November, when
the election took place, he
could not be elected at any .ub.eQueat
election. In the Vermont case, he said
Lhe Legislature had been convened aud
had decided that SaIlace being postma,-
Ter WAS a Federal officer, conseq uently
ineligible and had filed tho vacancy.
The Rhode Island legislature had taken
4 similar view, and filed the vacancy in
a like manner. He eontendcd the
States had power - eltorce the pro-
visions Of tie Constitution, and
hat IL the state of Oregon had excluded
sn ineligible elector she had but done her
iuty. He contendei that BY the Con.
'titution and laws OF Oregon the person
receiving the next highest number OF
votes was entitled 10 be declared elected.
The election was by law required to be-
held November TN, and thure wss not
lime 10 hold u second one; neither wss
subsequent election authorized.
Mr.. Kelly argued that this was ques.
lion for the executive and The governor
Lad q right TO decide. The governor has,
be SAID, the right 10 il qure into the
case; he has right 10 Inquire into incl
Isibility and not issue commission
when there is any intrsction Of the Cor.
stitution. In other words: IN tho very
words Of the Constitution, "He shall see
that the LAVE are faithfully exec Itcd."
Shall he sit quiet'y by, know n that
this mau Watts held sn Office OF prod,
under the Constitution Of the United
States, when he Was sworn 10 support
The Constitution of the United states
and the state Of Oregon, and see both
ltampled under foot by giving u cert,h-
cate 10 man who is Ineligible? That
The Governor Of Oregon and Secretary OF
State are the persons 10 canvas these
votes. There is no evidence that there
was a canvass by any other person. II
= for them and them only, aud they
have decided. They have given their
certificate that these three gentlemen
ire eligible: / mean including Cronin.
Il matters not how they came To that
,ecision the presumption Of law will
always be that II was upon sufficient
violence.
Representative jerks mex. addressed
he Commission for the Democratic side.
nd alter quite lengthy argument thus
ummed up the propositions he had At.
empted % show:
First-That the only evidence before
Tou which conf rms 10 the claw OF law"
; the evidence a. required by the law OF
oregon, aDd the law oi the Uaited
states, IL that which is cert fed 10 by the
Jovernor Of the State Of Oregon.
Second -Tbst the act OF that Govern
,r ia CONCLUSIVE upon tbt, tribunal in this
INQUIRY.
rhrd-Tnst Watts could no, be
elected even If be had q majority OF
he votes.
Fourlh-Tha,tle votes being cast for
'ne who could not be appointed, Cronin.
he next highest, was eiected.
Piith-fbst even II Cronn was not
elected there was no vacancy, ana bsins
10 yscsncy there could be no 1lling by
WY college whatever.
Then the case stands in this wsy:
CTonin csme and voted and two others
,ame and voted, but you DO not know
whether they are the per.
ons VINO voted or not, because
hey do not come identified ~ the aw
sys they shall come, but assuming they
we're the same persons who errs voted
or aud properly identified, which Of
.hese votes should he @, unit d. Crr nin's
tote should be coun Ell a. cast, and the
,ther two o. they are cast. would be The
,onS lnuon should come 70 from thee
everai points.
Sens,or Mitchell presented ,bs:tIsn'
,n behalf OF the Republicans, aid in bls
lrgument said: In Oregon there ~as co
az authorizing the Governor - certify
, minority candidate elected. The Legs
s.ure oi Oregon might have provided
hst electors should bs sppoitt tad ~ Tie
Governor, the Supreme Court or the
0: State, but 1t did DOT, bat d'd
iirect that the people, tse qg,lissd cleo
ors sbsll by . plurality o; lhs votes 10
De cast 10 the different prec,Lcts eSoose
sIectrs-
+ rH,uey,Df.f On Fourth Paa,