The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-23

NOT QUESTION FoR THE GOVERNOR
Mr. Evarts quoted from the laws OF Oregon to show
that when two persons voted tor. the receiv-
ing the highest number OF votes should DO declared
elected, and argued that HIS disqualification TO hold
tue once does not elect the other who receives the
next highest number Of votes. In that there
must be new election. 1t is not question for tho
Governor To determine The principle of the
College OF Electors is thai the majority
govern ana that principle cannot be applied to less
men cannot be- TOR there cannot be majority unless
there be at least three. Three makes college, be-
cause the vital principle oil the college that the
Jofily exercises the power OF the college.
What Is Cronin's account OF this proceedingg He
undertakes to say that they refused to act
But would you allow Cronins statement that these
men resigned aud deserted their duty to outweigh
thcr own certificates aud their own ballots that
bound 10 determine whether the majority OF college
can Ill vacancy, or whether the minority shall: and
cannot help concluding that the majority anchors the
college 10 Itself, aud that tho minority college at
ALL 3ut admitting that these republican electors did
not recognize Cronip or regard him olcctor they
had the right TO that Judgment and nobody else re-
To see whether he could be manufactured and
stand until alter the counting OF this vote No ono
would claim that anything happened when corpora
lion did not recognize the title oil man claiming to
belong to H. except that he was extruded, and II no
was wrongtuy extruded he must right himself by law
Parties might question whether the action OF Board
IN that cxrus'on not lawful; but you ever
hear oil the cxtrusion oi member OF
board. lawfully or unawfuliy, authorizing him
10 go ahead and Ill the Board and proceed
to actY think this is as strange novelty 10 the law
o the OF colleges or other bodies as was ever
suggested. Whatever may have happened to Urouin
0,hsr,s o" ma u n no, 'uane nn sns conege.
that under tho laws OF Oregon she could have three
electoral colleges composed OF ono man each, who
",nr,, cue" n wv ~ n.s o"n way anu D! h's own
majority constitutes the college, you put yourself uu
ac,,, 80. ~ ~. ~" so' lms an
aud that majority anchors to itself a the powers of
~, ansncv g., ~ go. y. vSy" ..o'i s"y .ney sla
v","s Can vn 49, '' h,a ,r,,s ny p.Hrmy ~
go 81, ). :. "'' P"~''' " ''''s WIZ" o"'y
o"s WV 80 '"'' rur v.vvcr nm nv
,o,,u,ss,or.r .,,s ~, "v ~, ~ DsA.h IN.
.c., ~ 10 80, o.. 20 '"'ou VA "vu.u w 'uc
Sns ono vas at,, Waud Tho s'a' 'no 'eo'0u Ina
~. ~ ' ''' "'u'a 'no "'a'o ioso US own '"o
Mr. Evarts repl,ed ,ho, in TIM, cos. ,ho s,, o,ah,
'P'o" .""s ~ s"as 'ase sue c'a.e ousn'
sI..,,nn 80 hsp,n :. , unu ~ ~ anu .lea. WIG
,hat .hs vo,.s .van,a 10, ". sm ue, nowerc.,
80 ". ~ 800 """'u W os ne'o 70 ~ oAss"s Va"
srch case TS.r u"o, "a" s ~ ~" .e1Ihs oo'ers
.S...at =" "'o va" oo w oooso "cn you are
.e.uosu " one, on nave an eiec'or agree, ana u
" t,aa. ia"I,..' -, . snv..u io'o .s wv =,
,x"r% e,,nr"vy % ,s, y, ~ no 0onslueaou snc
o.c,a, pr =" ,Sos. rn,n.,n,r ~ N 's.uas nu"'o'
~. ~. w. 100, ,s' mo- "'ei suo s"c"ucy
sr.d - m ,ha a,,"I. r,,,r,nr. w., 49, s .a' von
am,horttv IN bem IN chnos. nv Tho n,"rs,,,y ov
r"m accord,n" ~ ,he nrdna:.v -ni p y, quo.
an colleges That maior,,v Of ouorum ~ ean,wa'
lent 10 maiori,w ot H. wSo" NM, ~, uau'a a.
Electors WAS consti,n,sd ~ Two mon ,a.,l ~
has mi naan h,,,,,a, 49, AA,' 'os""J onoseu,
before the commis.ion cycc,t Tho c.r,,Sca,. 20
cr"nn I'm, Where 10 ron,n' svta.ua -, y,
h,s a.s.r,,on ~, nav r.snsn. % ~ M w .s'1 ~,
uroSnccd the minutes Of ,Sa ,ra "v a. M e
'ue n u,'nuvs o., sno TRANSACTION ne then
phn ~ '' s"a pao1s Wy us sngle vote now,
sIector In some St.tsa 49,, 800. .
docs not rest IN s,no,e a,.c,", av nao s"a' ~,
law Of Oreron Oregon had H~ m. "rov,s, smo
al tho Eler.ura ou M he I,n,on ro-.. - ,r.,'" ~,
tho f.ilure of nm cectun Whai was ,naiiS W., =,
was ,rhan hs c.c,o. Tia, w ,,ro.,ua. 'h 49, :"
ccc,ors rson,red inc ma,or,,r nrocses.S -, ~
that defect, AND Il is onIy in ihat ca 20 tnat hev mr..
allowed 10 substitute their action in the niace nr Tho
Ordinary moae Of eiection. but IL does not reau,re
sr,S,nv ,ra,~ ramra ~ u ,", ~ ,h n1t vacancy
nv n vacancy ar,s'ng IN snv ",hor m "~r...
0revon has seitiaa thsI "msst,on ,o- u.,
Tho detcrmns ,naa hv ny r,anc. on,,s 81.
vote of the state be lost ana tnev nrov,de IN that
for the lins of The vacancy in the Electoral Cocvo
Now upon nm exnm,nallon of All th,., cert acaiasi
have been grained To- nd that although .hcse "ncra
tors I'M m Oregon we're s harmess ~ scrncn,s tnav
there that the constitution OF tue United states
or that deirauds the state OF Oregon or thnl defeats
the election OF President All that has resulted from
The attempt 10 perpetrate a cousummatc fraud Is e.
exhibit The truud 10 public condemnation i'm, In
safety OF the state reinaius unharmed
rur nywncn.T A.crwxxr
Mr.. Merrck then Addressed the Commission m bo.
bali OF the democratc SIDE He SAID that be assumed
The same principles IN the consideration OF this case
thai he did in the Florida case hui. he
must accept tho Judgment OF this tribunal on those
principles whether ho agreed With them or not
would adhere 70 their previous decisions and .npiv m.
same pr ncipe to tho decision OF tho Oregon casc that
sion followed the rulings already made by it
public opinion would acauiesce IN the result
but II 1t should reverse those rulings II
would create intense sfnction. In ina Flor
ida case he had argued that Il WAS
competent for them 10 20 behind the Governors Ger.
ticatc upon charges OF sakc or fra nd but the com.
mission had med they had no power 10 do go
ana he ust consider that Tho real meaning OF their
judgment was that the certificate OF tho Governor
was The s,yc and ultimate act perivrmod bv the
state beyond which they haa no power to 20 lie had
observed az the lime of the on tho FLORIDA
case that tho oppos,ng counsel. whllo their
bark was being cast against the Scylia
OF Florida were even then looking ahead
to the Chary bds that threatened peril In Oregon Il
was then apparent from the dscussiors ana II il now
apparent from the admission for II Your Honors ol.
low the track pursued IN Florida the bark must be
wrecked In Oregon. Mr. Mcrrick quoted the dectsiou
OF the commission as made in the Florida and LOUISIANA
cases and argued theretrom that properly auhenti.
Gated IRON State under the avs OF that Stale
could not be inquired into When in Louisiana and
Florida you passed by tho certificate of the
Governor Won found Yourselves cd
BY the results OF the Returning Board ana YOU said
here we must stop Tor hero state rights fed-
eral power To mark the dividing line between the
State and federal authority the most difficult Office