The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-02-23

4. That votes being cast FOR one who
could not b appointed, Cronin, the next
highest was elected.
8. That even II Cronin was not elected.
there was no vacancy, and being no va
cancy there could be no filling by any
college whatever.
Then the case stands In this way: Gro
min come ard votes two others come
and vote but you do not know whether
they are the persons voted for or not
because they do not come identified as
the law says they shall come. But as
suming they were the same persons who
were voted for and properly identified,
which of these votes shall be counted
Cronins vote should be counted as cast,
and the other two as they are cast, would
be the conclusion should come to from
these several propositions.
HIPrLE-MITCHELL's OBJECTIONS.
Senator Mitchell presented the objec.
tions on behalf OF the Republicans, and
in his argument said In Oregon there
was no law authorizing the governor to
certify minority candidate elected. The
legislature Of Oregon might have pro-
vided that electors should be appointed
by the governor, the supreme court or
secretary of state, but it did not; but it
did direct that the people, the qualified
electors, shall, By a piural,uy OF votes to
Be cast In different precincts, choose cleo
tors. Gov. Grover. in the matter OF his
i~s.ins - certificate, he tells us. ignored
the states statutes and followed that OF
congress. If congress had power to pre-
scribe the form of certificate, and be.
lIevs 1t had, then such certificate Is no
part of the manner of appointment, and
in issuing it. The governor could not
change the appointment as made by the
state and officially determined by the sec.
rotary of state as q final and conclusive
act in process Of appointment.
Behind this ultimate determination of
the canvassing board neither the COVER
nor of the state nor the tribunal, whose
final duty it is to count the votes tor
president and vfce-president, whether it
be the president Of the senate, the two
houses OF congress or the electoral trl-
bunal, can rightfully 60. The electoral
tribunal can question this or any other
proceeding down to the boundary line
where they touch the manner Of appoint
ments, there the Jurisdiction ends. the
decision of the state, through its can
| Yassing officer. being final and conclu-
sive. Odell and Cartwright being ma
jority Of the electors constituting the
electoral college In Oregon, whose title
is indisputaple, questioned by no one
not even by the governor in his certifi
cate, but by it approved. their certificates
as to the fact that there was vacancy
and that such vacancy was filed by then
is conclusive, not only against Cronin
but all other persons. the state, the gen
eral government, congress and the cleo
toral tribunal as well. MIR. President
have faith In this commission, and in the
justice OF its final judgment.
At the..conclusion of Senator Mitchell's
argument it was announced by the Dem
ocratic counsel that they should require
An extension OF their time, to double the
amount, and were even willing to sit un
til late in the evening. The question
hV"or0i Was not then decided. and DC !
-r~e eettius uaIA CAnQIes were DrOugh
in, and Mr.. Lawrence was INVITED to pro
coed with his objections.
LAwRENCE's OBJECTIONS.
The speaker quoted acts OF congress
and the statutes OF Oregon and stated
Odell and Cartwright came with eyi.
dence of title which satisfied all provis-
ions. He then stated as his first propo.
sition, and he declared that the whole
controversy might be disposed of in
favor of the Hayes electors by single
proposition, that If the monstrous posi-.
ton could be maintained that Cronin was
legally appointed, yet he refused to act,
neglected to attend with Odell and Cart.
wright, his place become vacant and
Watts was duly appointed to fill it. The
majority part OF the electors present is a
quorum; the acts Of quorum are valid
to decide when vacancy has arisen and
to fill it.
MIR. Lawrence argued that Watts was
elected, and became de tacto and deiure
an elector; that his resignat on created O
vacancy which was properly filled by his
re-sppointment that he did act is shown
by the records. Watts became an officer
de tacto, and for that reason his acts were
good.
Commissioner Edmunds moved that
further hearing be postponed until z
O'Clock, and then proceed 10 the senate
chamber, and that counsel have three
hours and half time on each side for
the whole case, including offers of proof
and everything.
Mr.. Evarts SAID their side did not re.
quest any additional time, as they SUD-
posed the discussion to be mainly one of
law.
| Judge HOadIey said they eypactad m