Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1877-02-28

Florida and Louisiana cases. He
must consider that the real meaning
of their judgment in these cases was
that the certificate of the Governor
was conclusive and ultimate act
performed by the state, beyond which
they had no power t, go.
Merrick argued tl.at the laws Of
Louisiana and Florida, il. regard to
the ascertainmcnt of result of the
appointment of electors, were similar
to the law of Oregon, and submitted
that to withhold o commission, or to
withhold certificate from a party
deemed by the Go 5crnor to be ineli-
gible to Office was legitimate per-
formance of q constitutional and
proper executive trust. You have
told US, said he, that the state cannot
interfere with an elector, whether he
be eligible or ineligible, whether his
election be procu red by fair means or
foul. You have told us it cannot be
interferred with except between the
time of the conclusion of the Return
ing Board and the time of his
voting. Now the Secretary of
State of Oregon, seeking to perform
his duty, and this much-abused exec
utivc, seeking to protect that State
from the odium of having wantonly
violated the Constitution of the
United States, had solemnly deter
mined that an elector claiming to be
elected was not elected. The Govern
or of Oregon could not have given a
certificate to All ineligible candidate
without violating his oath and being
guilty of an infraction of the Federal
Constitution.
Merrick claimed as Cronin held
certificate with the broad seal of the
State attached to it he had imminent
of title to the office. What had
Watts? Nothing. The opposing
counsel said, in considering the evi-
dencc of the title possessed by Watts,
that he had certificate from the
Secretary of State as to the canvass Of
the vote. What did this certificate
purport to be? 1t is, he added, can
abstract of votes cast at the Presiden-
tial election in Oregon" It does no.
say the canvass of the vote to
it appear that abstract" and 6,
vass" We're syn0nOmOus terms.
referred to the statutes of Ores,
which required the clerks to make out
certain abstracts and send them up.
These the Governor and Secretary Of
State were required to canvass, and
when they have canvassed these abb
stracts the canvass makes another
paper which should be the paper of
record in that Office, and which is not
here in this certificate.
On the subject of vacancy counsel
made point that unless the office had
been once filled there could be no
vacancy. and unless once filled there
could be no resignation. The vacancy
alleged to be filled by these electors
was not created by Cronin's absence,
but by Watts resignation. If they
had power to fill the vacancy at all,
they executed that power by filling a
vacancy created by the resignation of
Watts, and not by the non-action of
Cronin.
AT the conclusion of Merrick's ar
gument the Commission went into
secret session.
SECRET SESSION.
1t is understood that Immediately
ullCI IuC SOlHHulsslOH WCHt luLO scCTCt
session, Morton made an hours
speech in favor of counting the three
electoral votes of Oregon for Hayes
and Wheeler.
Edmunds, in some incidental re-
marks, clearly indicated that he wo'd
vote in the same direction.
Justice Miller then made an elabor-
ate argument to show that there was
nothing in the Florida and Louisiana
decisions Of the Commission inconsis-
tent with giving the entire vote of
Oregon to the Republican candidates.
Thurman, Edmunds, Strong and
Bradley were not well, and an adj
journment was taken at their sugges-
tion. 1t was ordered by unanimous
vote, and has no political significance
whatever.
1t can be added that there were no
indications this evening If break
among either the Democratic or Re-
publican members of the mmission,
and that there was no vote ,r any ap-
proach to vote on the main question
at issue.