The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1877-02-24
GRAND COMMISSION.
Argument Opened nv mitchell, and
tonsinnei by Kelly, senks and NV.
The houses then separated.

GRAND COMMISSION.
Argument Opened by mitchell, and
tonsinnesi By Kelly, senks ai.d Inv.
renee.
The commission was called order
by Justice Clifford, and the papers sub
mitted by the president Of the Senate
read and filed.
Senator Mitchell, opened 10 short
speech as an objeetor of the Repub-
liean side. His argument was based
on the ground that CroDin had not
been appointed an elector, and that
Watts was the true Representative OF
the sentiments of a majority of the
people of Oregon.
At the close of his speech recess
WAS taken.
The commission was called to order
again at ten minutes past two, and
Senator Kelly proceeded 10 submit his
objection 20 certificate No. J.. He said
he presumed that there would not be
= dispute of the third objection, viz
That Watts was postmaster, aud they
were prepared with proof TO sustain
the allegation, ard that il was an Office
of profit and trust the constitution was
is clear rs language could make il.
Mr.. Kelly argued that Watts was
not qualified on the IN of November,
when the election took place. He
could not lie elected at any subsequent
election. In the Vermont case. be
said, the Legislature was convened.
and had decided that Solace, being q
postmaster, was Federal officer, and
consequently ineligible, and had tilled
! the vacancy. The Rhode Island
Legislature had taken similar view
and filled a vacancy in like manner.
He eontended that the States had the
power To enforce the provisions
of the constitution, and that II
the State OF Oregon had excluded ia
eligible electors she had but done her
duty. He contended that 10y the con
stitUtion and laws of Oregon the per
son receiving the highest number Of
votes was entitled 70 be declared
elected. The election was 10y law re-
quired to be held on November I, and
| there was not time to hold second
OBe, neither was such a subsequent
election authorized.
At the close of Senator Kelly's argu-
ment Congressman jerks spoke in be-.
half OF the Democratic objection aud
I Representative Lawrence in behalf OF
the Republicans.
The commission met pursuant to adj
! jouTument, when, on motion Of JUS
tiee Strong, Republican, certain evil
| deLce is to be received subject to the
| decision of the commission after aryu-
meDt upon its original reception and
legal weight. There was no objection.
The object of this motion, Jusiice
! Strong stated, was to consolidate argu
ment.
The evidence submitted shows that
| Watts resigned by telegraph Novem-
| her Is, and the resig nation was nc
cepted by telegraph November Ii. A
special agent took charge OF the Office.
Watts account with the postoliice de
| partment WAS hot closed until Janu.
AIRY. Mr. Eyarts. after referring 70 the
! position his side took in the Florida
and Louisiana cases, said il was the
same to-day in the case of Oregon. Ia
| Oregon peaceful election was held,
| In accordance with law, and result
was obtained which was acquiesced In
by the people. ard that result was
lodged where by law il belongs, in the
Office Of the secretary of state. This
record constituted the election of three
electors, each of whom should have
received certificate of such election
by the governor of the st tie, who, IN
der the law, could legally do nothing
else. Mr.. Evarts continued n:
length to contend that Gov
ernor Grover violated State and
national law in giving certificate
to Cronin. Mr.. Evsrts said the law
of Oregon provided, when there were
two candidates who received the same
number OF votes, and one was found
to be ineligible, that the other did not
therefore hold the office, but that "a
new election was necessary. lie xt
argued the majority was the college,
and not the single Voice of Cronin.
Had be been duly appointed elector,
ne said, the commission would have
little trouble in reaching a conclusion
AS TO which was the legitimate eiector.
But suppose they refused to recognize
Gronin as an eiector. They did not
think he was one, and nobody else
ever thought he was one, till it was
determined to manufacture him into
one, and attempt to make him stand
as such till after the count was settled.
Grant the proposition that Cronin
could form college, aud you had the
sbsurd possibility of three electoral
colleges in Oregon, each elector en-
titled TO cast the vote of the State, sc.
cording to his idea. In reply to a
question by Mr.. Abbott, he said there
was no existing law ia any State that
caused the contingency of the death OF
absence of majority OF the college.
The general theory of the law was that
there must be quorum to transae;
business, and there must be statutory
provisions in any case to make il
otherwise. Referring to the act of the
Legislature of Rhode Island, which
provides that If an ineligible elector
was elected the Legislature should
meet aud elect another, he
said that would do for the State OF
Rhode Island, where the governor
could blow his horn in the door of the
executive Mansion and summon bis
legislature, but 1t would not 90 for
the great State Of Oregon.
| Mr.. Merriek rose to close the argu-
ment. He said in his own mini be
had the same view that he held Hhen
he opened the argument IN the case OF
Florida, but he owed it TO his clients
and to the tribunal to eoasorm ais ar
gument TO the decisions which had
been made, and he should eonf,ne
! Kin, n fh.f H.