The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-22
The Electoral Commission.

WASHINGTON, Feb. 81.
The electoral commission met at one
o'clock p. m. The president laid the pa
pers from the two houses before the CON-
mission. On motion of Mr.. Abbott they
were ordered printed. The papers were
then read by the secretary.
MIR. Kelley announced that himself and
Mr.. jerks would appear as directors to
certificate No. /.
Mr.. Sargent announced that Messrs.
Mitchell and Lawrence would appear as
directors to certificate No. 3.
Mr.. Kelley asked for an order for the
production of the commission and resig-
nation of Watts from the postofilce depart
ment, and also that Mitchell and Watts be
subpGnaed as witnesses.
Justice Clifford asked if witnesses were
within reach.
Mr.. Mitchell said they were both in the
room.
The order in both casea was granted, and
at the request of Mr.. Kelley, who was to
open, a recess of half an hour was taken.
Mr.. Kelly contended that by the constl-
tuition and laws Of Oregon, the person re-
ceiving the next highest number of votes
was entitled to be declared elected. The
election was by law required to be held
November 18th, and there was not time to
hold second one, neither was such sub.
sequent election authorized; hence, If there
was no election on that day, or If those re-
ceiving the highest number Of votes were
ineligible. there could be no election and
the state would be unrepresented unless
the votes for the highest eligible candidate
were counted. The next point touched
upon by Mr.. Kelly was whether the gov
ernor had the right to decide the question
of the ineligibility of Watts. He cited nu-
merous authorities in support of his claim
that the governor had such authority and
cited the decision of the supreme court of
Oregon in quo soarranto proceeding thai
the governor had right to inquire into in
eligibility and issue certificate in accord.
ance with the constitution. In answer to
Mr.. Thurman he read from the constitution
that the secretary of state shall prepare two
lists of electors and that they shall be
signed by the governor and secretary OF
state.
MIR. Thurman-Does the secretary OF
state make out that list including the name
of Wattsp
Mr.. Kelly-No, it did not inclsde the
name of Watts. The decision upon facts
and upon law was upon the interposition OF
protest by number of gentlemen to the
counting of the vote of Watts. The gov.
ernor undertook to decide that matter 81
he had right to decideit under the decision
have stated.
MIR. Abbott inquired whether the cerlfl
cate which was presented here was not in
exact accordance with the provisions of the
law of Oregon in every respect.
Mr.. Kelly replied It was in exact accord.
ance with the law of Oregon and the law
of the United States.
Mr.. Abbott inquired whether there was
any other board in Oregon except that con-
sttuted by the governor and secretary of
state who could certify to the election OF
electors.
Mr.. Kelly replied there was none.
MIR. jerks followed, also for the demo-
Gratis, and said the propositions that we
have attempted to show are these Tha,
the only evidence before you which con-
forms to the laws of the land is evidence as
required by the law of Oregon and the law
of the United States that which is certified
to by the governor of Oregon second, that
the act Of that governor lie conclusive upon
this tribunal in this Inquiry third, that
Watts could not be elected even if he
had majority of the votes fourth that
the votes being cast for one who could rot
be appointed Cronin, the next highest, was
elected; fifth, that even If Cronin was not
elected there was no vacancy, and being no
vacancy there could.be no filing by any
college whatever. Then the case stands in
this way Cronin comes and votes, two
others come and vote, but you do not know
whether they are the persons voted for OF
not, because they do not come identified as
the law says they shall come, but assuming
they were the same persons who were
voted for and properly identified,
which of these votes should be counted 7
Cronin's vote should be counted as cast and
the other two as they are cast should be the
conclusion l should come to from these
several propositions. We believe this to
be the correct exposition of the law and
the true case because the disqualification il
not one to be forgotten or repudiated. II
IS perhaps too common now to regard the
propositions Of the constitution as directo.
ny and to be obeyed or disobeyed at the OPP
tion of the person who may be administer.
Ing them, but We ask you to give to this
truth its proper weight in its decision and
giving 1t such proper weight the result will
be as we have indicated.
Senator Mitchell presented objections In
behalf OF the republicans, arguing thai
there was no law In Oregon authorizing
the governor to certify to the election of q
minority candidate. The last act of ap
pointment of electors by tho state wal
when the secretary Of state canvassed the
returns and ascertained who had the great