New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-22
NETWORK DAILY TRIBUNE THURSDAY. FEBRUARY o. 1877

Presidential electors in its way aud the laws OF
pcrfsc, ri ht to 10 il; Imay siy row That don't see
haw ANYTHING can be clearer thah tis ou' WI" 'o"'0
the point
CRoNlN's LFGAL FOOTING.
The next question pcsentcdi If that gentleman WAS not
eligible them was Croniu who received the next highest
number of vocsl viii refer 20 few decisions 10 snow
that where a person is ineligible and has received 'he
highest number Of votes. the next highest takes the
ccc ion that f. in Indiana, In Maryland ana l"rW'r'S
in Maine until il WIS confirmed by legislative enact
ment and | contend that IN California tns Is the RUE
aI.n shall refer 10 the now wclmown use oi ~,
IT, ooainst Ncr: also nt PAGE - OF III Indiana, 1lst
of Indiana 572, and 15th OF indiana, %; ms ~ @
ocirtne i'm Name and adiudsed by the Supreme
Court The Constitution OF oregon sly ,,,, I'm" ,hn
nonp or persons who sIll receive the lShcS' huhpc
Of votes shall be declared duly elected lhrTt Is US
tive Injunction in the law that the electors shai W.
elected on a pafu1n t pdy hoIJ Thai the inst election
10 convene ihc electors nj subsequent time to heid
new election 70 supply che vacancy. Here the power Of
me nr0ne has brrtnnc exhausted. They cannot vote
q second time even If they h"d 'nr, oectun
9e d mySs S R me sG fs SSfS Ncccs"r
The highest candidates must be chosen or the state WI
have NO rrorrseniati,n There will ne failure TO elect
one prrso and the state will lose It's rights That is the
position that take There is PosIiyc INJUNCTION 1nGt
says the election shall take place on that day
TuE GOVERNOR THE JUDGE.
The next point, ana the which viii he moS' Srent-
ously cones ted, Is this that The Governor bad no right
10 decide This matter There is nothing more faacons
In every department of the Government of the United
States As well as the government OF the states,
every officer whether executive. legislative. or judicial
is compelled exercise judgment IN certain eases sup
ucse that man has ceased TO be resident OF the STATE
who is an oniceholdcr lac dies The Governor must
take cognizancc OF the death of an incumbent without
the court deciding that fact. He takcs'nolCt VI an
abandonment when person leaves the state a case III
1lih Indiana which was nandamns 10 coiHel .t 80,
the Governor might determine whether GaldlG&e W7
entitled to receive commission or MOI WhcIc NJ IiIn
rests uuon the ground that the constitutional lnhlooh
is in force. Thr 39h Missouri that tAe Governor
must have n discretion in appointing commissioners he
NAV 90 behind certificate. In all these cases The GOV
exercises political discretion tor 'he So VI
which ne is alone anSwCrahlc 20 his country, .,.
The state OF Oregon itself has decided TINS matI III
an nreporcd case, which Is familiar 10 my G2iie'S c
ana myself. In NE election OF 80 cN-u0N mT"S r
elected District Al Crney for the Sale Shoit9 avI
entering upon the discharge oi his Gncs IN HiaISh nc
received FROM Prcsidrnl Grant tit once 81 nm 70,
Dslrict-Attorney. He holding both ON cs NJ !ie
time lhe Governor knowing nay Iar,, "I i,iG
that the Constitution OF me Std'c o! O.c-.n tti
any person Who WA holding any lice under me ft4e ~
Erlliuger prosecuting attorney Tor Hie 0''ie. ~
GOV. Gibbs refused TO rccuguZc thdt az "ih' !,
""po.ntincnt to Inc Gucl-Ju>ticr OF the STATE
| d pom, vino refused TO tctoSH2e u, because
ter II wa. question for tn judic5ry; Oh tnG oii'
Land, Mr.. Bcing-h believing mSeI T''hl' Hions, 81
on ths same sroud-thari il &as matter OF lori'i ~
quigy. On appeal the supreme C'H.' un'H'"o,S'' W.
TbcIr Mr. PRESIDENT is the very t!c that the Governor
has the rnt 10 manure into. iGcs. lie has the
sion when there any iuircuon OF tHt CONSTITUTION
In other wofd-in the very words OF the loIslItuo1-
say tho cutiyc has ,he right TO dcc'' questions 81
/ By Commissioner Tluunan-Docs the law Of OREGON
require the secret ~ oi S'3te !" give 'y %. 49,
or does require the Governor to give the evidence %
! - S, i,. K,lly-Lnt me read:
III, votes for electors SHAH Dc given received relr2e
and caryasscd U.s. IN sthe a' " \, ;sii ,,