New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-22

Mr. jerks followed with on address IN behalf
of the Democrats He said the Tiiicn relied simply
upon the law. and denied that thsIr objection was
technical one lie continued substantially a follows;
The frs question necessarily ga. stiOn Of evidence
What cyidcuc is tleIc before th Tribunal or what owl
dcnrc can or will De received ny it In answer 10 that
n we ore Judge by the prcccdcuts established
ny This Tribunal III the past we infer that
there is 10 be no evidence submitted
except the papers which with the several returns
from the President of the senate This narrows the liz
gU!rv considerably, and in that view We lrOi0-' 10
dj,,.Iss it, Tue Governors certificate, utc-trd
o?!r,i6 tir no. } Tnc Cyidcmcc for cclt.5ate
No / consists of the afidaysoi three person, whom
know not Tor there IS 10 evidence 90 luiy hcin ds
having been auy o. the persons voted iofa la election
These men have no reception iiat III. it'uAul tA
s, . ii,ila nj olf,errcafai which tlrv attempt 10
urlauute is the statement o! the votes cast III i!Hl
9oe "HM '' ~ The woes ~. ,aSf with the
fc, tori vote of the persons therein clIm!n- 10 be
elected thereto attached. In regard to this, we stand
l.p Tho lc proposition tat where there j. statutory
ia of autho.ii .ition i, can he rec, iycd as Ic.I
evidence N court OF justice. We have the statutory
tAe Governor aui Secretary sat, must he taken
oDp!etc aud conclusive evidence tha t!ohn ana 'Ae
tWo other electors were elected
CEoNIN's VALIDITY.
NJ jerks then went to argue that Watt was not
elected His plea was that If 1,man j. ineligible 1t makes
no rcnce If the voters do not know it. He cited
English authorities tIs point lie then sad:
vii! then tn1t waits was not rrtic1. Iic
urXt question U.s. Nas CiJuin CIC,eU! II Watts not
elected aud Cr.un WAS not elected what Should be the
ctoct? W0ui there be vacancy! We assume 10 cs-
tabsh that ihorc would not he a vacancy. Al watts WAS
not elected and il CrOniH was not elected 10y
smaller number OF votes iGcn there iS no vacancy.
We viii start bat the proposition thit electors
are qualified UcI,3ns. not Officers bat cLcHs vita Crf
tain given qualifications They are not 90 DE regarded a.
having jhe pnui, private employment which enters
mo the definition OI the term Olice-nOidcT, lat
that they privileged 10 perform only
yiiege such the Office Of c.cctp,, does II become
necessarily TAX, the elective franchise. for
stance. suppose there were hundred voters in
township ana OF the number shOud fan to vote.
Tina. would affect the question: for il is privilege
that a mau NAV may not use That NOrs not cause
any vacancy ~ the privilege or the rgHt.
VIII call your HOnors' attention 10 the recent
decided during the last Presidential election Of George
CO!I.s Of Rhcde island, which Is 10 he found ~
American Law Register OF January 1871 page -. in
thai case the question being WhethcrI Centennial UCcr
could hold Tie Office Of CcctuI, tie court concludes its
dec sion saying jhat person he elected Who
incl ci0e ard that "a man cannot resign that which Lc
Ia, no title to ill., There must be an incumbent, al
OF er words, 10 constitute vacancy.
The uiUrOsitioHs. then, that We have attempted 10
show are these: That the only evidence before
Won which conforms 10 tAc law %! The Land
* the evidence required BY IN" law Uf
oregon and the law OF the United States. thnt
winch is certified to by the Governor Of the
state OF Oregon; that the act 0i that Governor con-
elusive upon t,s Tribunal IN this inquiry; that Watts
could moi be elected II ne had majority OF the
De appointed, CrOn'n, the next highrN, WAS elect &
that oven if IrJnn not elected there was no Va
clnry ana, being vacancy there could De no h!inS
by college Whatever