The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-23
Of elections, and there was no offer to

that little pocket dictionary and show the cor
rrsP9nc,encc n,, between Gramerey Park n ~: T.:
Governors certificate fell to the ground when it
was shown that it was not the warrant TO the
I6.orS T6e law Tor; IT Gt 'hcE ,6, 1us t6s
votes for electors should he given receiv-
ed. returned. and canvassed the same as for
members of Congress. and in the cnse OF mem
hers Of Congress it was made the duty OF the
Secretary Of state to canvass the votes. and
there the statutory directions end. The statute
Secretary Of state should certify two lists show
ing who had received the highest num-
ed. Tho Constitution and law stamped
that record as ihe Legal and coastitutioG9al nal
gTY g he II me fe?n IRey nad gdf "a bs pT2ne
but the actual and substantial result OF the can
vGss. That was the appointment of the state,
tho inyestituro by the State Of the real rank and
title; All elso was mere proof, mere prna farie
evidence. to be taken rs proof only till CON
g2sa %Ha sopTn e S ss DE- SsG so
10 he intruded here Us "A substitute for the can
vass. II was signed by the Secretary Of state
as the canvassor VI the votes. That the
possession was not essential TO the dis
charge ~ the duties OF the office. he cOntcndcd,
was "a Well.settlcd principle of law. The cer-
tiicate II the Governor of Oregon did not. he
asserted. conform TO the statutes of the United
MIR, Matthews closed at l2 o'clock with dec
laration that he hud appeared. not as the coun-
sci u any, party. hut In support oi "A great con
stitutionul principle. regardless OF any popular
clamor that might he excited. For Governor
TO take upon himself the Executive. Judicial.
and Legislative powers was to bring about n
complication that would make confusion Of
government inextricablc.
TAXING TESTIMONY.
Judge Strong said II WINS very apparent. from
tho course the argument had taken that tho
time allotted to counsel on each side was liable
to he consumed hefor. they came to the qurs-
tion Of the admissibility of the evidence Much
Of the time had already been consumed. md
no Ns4A ~. ltasr h.fl elt...4
was any evidence to he received outside of the
cert certiicates spd papers already submitted. He
said he would prefer TO have the question OF the
evidence decided before counsel proceeded fur
ther with their arguments. and he moved that
the evidence described in the first item of the
offer made last eve ming be received, subject 10
the decision Of the commission in regard to lis
legal effect and II there WIS any evidence on
dcnce. that that evidence should be received at
this stage Of the proceedings.
-, The proposition was adopted hut mother Of
the papers called for in tho subpoena diicsS
te,lon served upon the Postmaster General were
AT hand. nor were the witnesses Irrsf M. aud
the commission took a recess until i2:45 7. VI.
f.rcd certified copy Of the commission of John
w Watts as Pqstmaster' dated Fob. 49, 1873.
ENlr. Evarts objected 10 the papers ~ not au-
thenticat"d. He said he had no doubt of their
authenticity. All he submitted WIS that their
prnpcr produ,uon rs proofs should nc sub
mit;cd through the witness. They did not
prove Themselves. The Postmaster General he
saw. was in attendance ana ready ~ verify
tlAtlll H. DfluS from Nl- HNlc".
Alter considerahlc discussion. however. he
siknlf"d. to save time. his willingness that the
payer should be treated rs n certified cory
Mr. Merrck then onercd in evidence thr COM
mission OF Henry W. Hal.as. Postmaster at La
fuyctle III the county oi famhlll, state Of Ore
gon. issued Jan. 3. 1871.
Mr. ENari- reserved all his objections.
Mr. JUST 'e Clirori Inquired II MI Merrick
had anything more 10 oii"r.
Mr. Merrirk had nothing more. and rested
the DcuOcreiic case Tor ~ pres nt
Mr.. Eyart- then called fostmester- General
James " Tyner. who testified that he know Of
Mr Watts as being Postmaster AT Lafayette.
lamhil county Oregon and that II WAS
fourth class ofii q. the apponim mt being vested
IA tn f'simn-t.r-Gen'raL II WIS not "a Pr'-i-
dental ON '.. II = I. elou-s in the a. .-tinu us
towhen Mr.. Mau- resigned j. = ui,i1' wis iui.'r-
Iulci 10y am ONl' ton from Julsf tti''n. Who
ruhnuti't t'Ai tA" u'-t rN.l'n.r IS g tlr writ
ten r,riEnlt t ans "a IA cA.-iet. ANA pre-
H. W.. ,ii %, tt.,,,. i,r-,,.,l
uir counsel T., ask II tnm ro-lgnnt .0i, ,y..- i'm
wttIn-.anl Mr.Ju-firs tunnrl directed Mr.
E,Hr'- flt M iIr u..,..n ri,lImlnurilv.
Mr. INir- th.u N-k,i N H." received nny
r--IguI.nu frH.n Mr. Watts and in what form.
Ti4rN.'..- said ho received ID hy telegraph
ari.if .r,tHri no wr ting. H. hat il- telegram
with him. aui produced II, and i was offered
ia eNlaru 10, Mr.. E,ari-.
Jul..u Green uIf. at to the production ~ II
on Nh. GROUND ilW there was no authorization
~ tAe slgnHtur'. II WIS "a NOR t.lrgrupnlr
memorandum r, '"iyed hy the Postmaster-Go Com
crnl 40 is md of the line.