The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-22
THE OREaoN CASE.
The Democratic Prlma Face Case Can only
be Overcome by Evidence sAliunde."

Editor Demoerat-T agree fully with
you as to the position which Justice
Bradley has heretofore taken In hts de.
cisions. as u member OF the Electoral
Commission, as you have stated 1t In
commenting on my communication
published In yesterdays DEMOCRAT, and
yet am hopeful.
! think, states his. position correctly
heretofore taken by Bradley was not
that the certificate OF the Governor
alone was conclusive as to the facts cers
tilted, but that 1t became conclusive
when shown to have been based upon
and issued Ia accordance with the find
Ing OF the Canyassing Board"
In other words, that under the limited
Jurisdiction OF the Commission, the
Governors certificate, supported by the
finding OF the Canvassing Board, made
n perfect case. Such was the case In
Florida and Louisiana. In Oregon 1t is
different. In that State, the Governor
certifles that three certain electors, two
for Hayes and one for Tilden, were duly
vass of the votes by the Secretary of
State shows that majority OF the votes
cast were polled for three different
electors, all for Hayes. Here is con-
flict between the two, certainly not that
agreement which would make the fact
as to who were appointed conclusive, or
perfect case for either set of electors.
Now, then, Is the certificate OF the Gov
ernor to be ignored entirely, and the
finding OF the Canvassing Board alone
to be deemed conclusive, II, indeed,
there Is any way by which that finding
can even get before the Commission
legally?
1certainly find no such doctrine laid
down in the decisions in the Florida
and Louisiana cases. My opinion Is
(for have not seen the reasons given
by him for his decisions) that Justice
Bradley pays great Difference to the
gubernatorial certificates; that he
thinks that of itself, it presents q
prima facie case, and, Ii eorroborated
by the finding OF the Canvassing Board
Is conclusive. But while do not think
that he will recognize the gubernatorial
certificates and reject the finding OF the
Canvassing Boar /, yet I do believe that
to decide the issue raised between the
two, he must go beyond that jurisdic-
ito. to which the Commission has 80
strictly limited itself; that to ascertain
Secretary OF State that q majority of
votes were cast for the three Hayes
electors is ,rue, the Governors certifi-
cate to the contrary notwithstanding, he
will have to enquire clearly attetnde, or
declare neither set OF electors fully and
properly accredited, and decline to
count the vote OF the State for either
party.
Let Gov. Hayes beware of Gliunde,
for it may prove two-edged sword.
We stand before the Commission on the
gubernatoriaI certificate, which de-
clares that three eligible electors, two
for Hayes and one for Tilden, were duly
appointed; our case is prinaa .facie
one; to overthrow it the onus is upon
our opponents. III Justice Bradley
holds that our certificate is not conclu-
sive, then there are nosOregon electors,
unless the Republicans can make q case
that is conclusive. What will they
offer? Perhaps the certificate OF q
notary public, with certified state.
ment Of the votes cast. Can conelu
siye case be made from this basis with,
out going Glinrae I think not.