The New York herald., 1877-01-11
A Case In Point Furnished During a
Constitutional Argument.
THE COMMITTEES on THE ELECTORAL VOTE
Progress Reported and an Early Joint
Session Anticipated.
THE REPORT OF THE FLORIDA COMMITTEE.
FROM OUR SPECIAL CORRESPONDENT.

FROM OUR SPECIAL RESPONDENT.
WAsHIyGToN, Jan. 10, 1877.
THE OREGON INVESTIGATION ''PANNING OUT
BAD FOR THE REPUBLICANS GOVERNOR
GROWERS ACTION IN ACCORDANCE WITH THE
LAW OF THE STATE AND DECISIONS OF THE
COURT.
The Senate committee which Is investigating the
Oregon case, Is coming to the melancholy conclusion
shat there has been no bribery no corrupt use OF
money and that the hopes they ut ono time enter
latned oil fixing upon the National Democratic
Committee or upon some of Mr.. Tden's
personal friends, completely in the misuse
OF money are doomed TO disappointment This is os
peciay vexatious because Of late there has been an
Increasing conviction among republicans that the oro-
son case is stronger than they hoped. and that it
needed 10 taint Of corruption fixed upon It
In order TO break It down. Sound lawyers have been
struck with the merits OF the defence made by Gov
Grover before committee, and particularly
with the fact that no appears to havc acted, not in
haste but with great delberation In strict accord
with the laws Of the State Of Oregon these havo
been settled analogous case ny decision OF the
Supreme Court A lawyer said to-day that he found
Governor Growers caso much stronger than he had
originally thought it.
''Tho Governor" said he, snakes two points
One s that, under the constitution OF the
United States, Watts, the Postmaster, was incapa
bic Of being elector, and that the Governor
who had sworn support tho federal as well as the
State constitution by his oath compelled to take
no.ice OF this incapacty ~hereupon arises the ques
ton what 10 vacancy, and this must be decided by
the State law to which the federal constitution leaves
all these details. Now, whatever tho law
Of other States may be, Grover shows in
letter from the Chief Justice Of Oregon which he has
put In evidence that this precise question was decided
by the highest court In Oregon In 1873 A. G. Gibbs
elected State Prosecuting Attorney OF tho South
judicial district In 1870 Whle holding this Office in
1872 he appointed United States District Attorney
for Oregon and Insisted upon holding both Offices,
rary to the statute Of the State. The Governor
ihereupon assumed that Gibbs had vacated his State
pfncs and appointed Beninger to be Prosecuting
Attorney p his place. Gibbs refused to gisc up the
s1iec, anu the brought up to the Supreme
Court appeal. Gibbs holding in argument that the
Governor could determine for himself that
VACANCY existed in the Office Of Prosecuting Attorney
In the South judicial district to authorize
the appointment Of the reato Tor the tnat the
determination OF tina; fact involved the exercise OF
judicial functions by the Executive" Chief Justice
Prim writes:-"This the principal legal question
in tho case and the Court unanimously declared that
she Governor invested with authority in
Of the Kind to look into the facts and
pass upon tho same without awaiting the
tion OF the courts. That Is to say" added
the lawyer, sThe State law declared by the Supreme
Court to be that ineligblty vacancy: that
Gibbs ceased to be "a State officer when he accepted
federal office. and that tho Governor had the power
under tho State law TO thus decide and to an the
vacancy. Tho Court held that Blhnger the Gov.
ernor's appoiutee, was entitled to tho place"
1t Is tho opinion Of some who have watched
The investigation that the facts and the law will force
tho committee to the conclusion that either Cronn's
claim 10 good as having received the highest vote as
eligible candidate that Oregon is entitled to bu,
two votes The latter conclusion seems to be thought
the most probable
THE AUTHORITY OF THE PRESIDING OFFICER
OF THE SENATE TO COUNT THE voTE-A
PARALLEL CASE FURNISHED A DISTINGUISHED
CONSTITUTIONAL DEBATER.
The Committee on the Powers Privileges and Duties
Of the House in regard to the electoral vote is endeav
orlng to throw all the light 1t upon the subject
il has held numerous meetings, and many grave and
weighty arguments have been made one side and
he other during the last ten days. AS n
jart Of the gossip Of the hour, there is a
vell authenticated story IN reference to this
committee, which is told as follows Professor
Seelye. few days ago, was making a very learned
argument upon that part of the constitution which says
that he President of the Senate SHALL in the presence
Of the Senate and House of Representatives, open all
the certificates and tue vote shall then counted
Mr.. seelye, who Is republican, of course main
ainng that Mr. Ferry. the President the Senate had
he clear and indisputable right only to open tho
voes but TO do the counting At particularly vigor-
ous anv eloquent point in his argument, Mr. Proctor
Knott, tho chairman Of the committee $50 tho story
goes) nmarkcd:--
''ProAssor, do not wish to interrupt you In your
oquentconstitutonal argument, but want you to
explain b mo an invitation have Just received TO
dinner tse Interpretation OF which pcrplexcs mo a
good deal It is as follows:--
"The pleasure OF your company Is requested at din
nerto'morow evening, al Wcckers TO meet Professor
Seeiye and other distinguished gentlemen The dishes
VIII De uncovered by tho steward precisely at seven
O'Clock, and the dinner will then eaten
'Now, what want you to interpret Tor me- Protes.
sor," said Mr. Knott. "s who to eat the dinner
hA ofo uoeA 1ru 4