The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-02-22
Continued from First Page.]

argument IL was onnOunceu W VIZ Dem
ocratic counsel that they should require
an extension of their time to double the
amount, and that they were willing to
sit til, late in the evening. The ques-
ton. however, was not then decided, and
as It was getting dark candles were
brought in and Mr.. Lawrence was in.
vited to peocef d with his objection.
The speaker quoted acts of Congress
and statutes of Oregon. and added that
Odell and Cartwright came with evi.
dence of title which satisfied
sll their provisions. He then stated
as his first proposition, and he declared
that the whole controversy might be
disposed OF in favor of the Hayes cleo
tors by a single proposition, that If the
monstrous position could be maintained
that Cronin was legally appointed, yet
he refused to attend with Odell and
Cartwright, his place became vacant and
Watts was duly appointed to d IL 1t. Inc
Electoral College is charged with three
duties. First. to fill al vacancies;
Second-To vote tor President and
Vice President, and
Third-To make and transmit to the
President of the Senate. lists Of all per-
sons voted for for President and Vice
President, which lists they shall sign
and certify.
The Electoral College is deliberative
body, as mnch so as Congress. The single
individual member acting separately and
apart from all others, and ca do no 9TH.
cisl act, no more so than an individual
member ::of Congress or of Court or
OF this Commission.
Commissioner Edmunds moved that
further hearing be postponed until $3.50
o'clock, and then proceed in 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 sup
posed the discussion to be mainly one Of
law.
Judge Hosdley said they expected to
offer some testimony and would like
time for that purpose, and added that
one of the points they expected to prove
WAS that more than LOO voters in Ore
gon who cast their ballots in favor Of
Watts had notice at the time that be was
postmaster, and therefore ineligible.
After some discussion among the men,
bers Of the Commission, Judge Ed
munds' melton for a recess and for
extension of time to counsel was agreed
10, aud the Commission thereupon ad-
journed till 1880 O'Clock p. NJ.
The Commission reassembled in the
Senate chamber at 1880.
Mr.. uerrick announced that Judge
Hoadley and himself would appear for
the Democrats.
Mr.. Evsrts said that Judge Stanley
Matthews and himself would appear for
the Republicans.
Judge Hosdley then addressed the
Commission. He claimed that the prin-
ciples controlling this case bad been al.
ready decided in the cases of Florida
and Lpuisisns Only such documents
and papers as if offered atiunds would
bs competent to be received, may
DO considered, when found within the
envelopes seIt TO the President OF
the Senate, and the decision OF the Return
ing Board acted on by the Governor of
the State is final and conc .uslve. Mr..
Hosdley said: My proposition is:that the
State of Oregon through her State Off
cors has spoken, and the result of that
speech is here in certificates given to
Cronin, Odell and Cartwright. They
are the only legitimate, lawful evidence
ol the act Of Oregon in this matter. l
submit that the certificate or list signed
by the Governor or the Secretary of
State of Oregon, and delivered to the
college of electors, is final and
conclusive evidence. Why wss, the COVER
nor and secretary of state required to
syn these lists? Ii is because the chief
executive of the state and the canvassing
officer should unite in declaring who is
elected, and when thus signed their sig.
natures give it the conclusive and final
evidence which is required.
Mr.. Thurman inquired who, by the
laws of Oregon, has the custody Of the
great seal of the state.
Judge Hoodley SAID he could not an
swer that question.
Mr.. Mathews said it was the Secre-
tsry of State under the Constitution.
MIR. Hoadley said that was probs-
bly, correct, but he would add that there
was nothing in the laws of Oregon which
authorized any such certificate or ex-
empli6cation as presented by the sup
porters of certificate No. l. He argued
that the act throughout was legal, and
continued: l say that Cronin was
elected. Testing by this method would
quo wsrrarto run in favor of Watts?
Would not disqualification have killed
his title? Could he by quo warrsnto
or certiordri or contest obtain the seal?
Cronin held it de fdcto. Watts was
a postmaster disqualified to test it
by any method On what principle of
law could John w. Watts. VINO did not
hold this commission from any court OF
Justice in his land, have got the title to
which he now lays claim2 Gro
min held the title; Cronin cast
the vote. Would you have
awarded the position to man whom the
constitution of your country says should |
not hold it. On that principle the man
d ate to elect is fulfilled by the election of |
Cronin. Test it by that method and tell |
me how any lawyer can say disquali-
lied candidate can seize the office by any |
process known to the law Of our country |
out OF the hands Of one who ho.ds it de |
tacto. He may have n judgment that the
office is vacant. and that is the end of |
the whole matter, 50 far as he is concern.
cd.
Judge Hosdley said the Commiss sion
excluded evidence in the Florida and
Louisiana cases, because it was without |
Judicial power, and said that without the
of judicial power you cannot de-
prive Tilden and Hendricks Of one vote
eos. for them in Oregon. Without the
exercise of Judicial power you cannot
award it to Raves and Wheeler.
At the conclusion of Judge Hoadiey's
argument the Commission adjourn ed till
I'D o'clock to morrow.
True Bill Against Don Pistf.
WASHINGTON, February u. - The
Grand Jury has found true bill against
Don Plstt for sedi,ious publications,