Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1877-02-28

The Commission was called to or.
der again ten minutes past two, and
Senator Kelly proceeded to submi,
his objections to certificate No.
He said he presumed that there would
not be any dispute of the third objec
ton, viz: that Watts was postmaster
and they were prepared with proof
to sustain the allegation that this was
an office of profit or trust. The con-
stitutional inhibition was as clear az
language could make it. Kelly ar
gued that if Watts was not qualified
on the 7th of November, when the
election took place, he could not be
elected at any subsequent election.
In the Vermont case, he said, the leg
islature had been convened and had
decided that Sollace, being postmas-
ter, was Federal officer and conse.
quently ineligible, and had filed the
vacancy. The Rhode Island legisla.
ture had taken similar view and
filled the vacancy in like manner. He
contended Watts had power TO use
the provisions of the constitution,
and that if the State of Oregon had
excluded an ineligible elector she had
but done her dnty. He contended
that by the constitution and laws OF
Oregon, the person receiving the
next highest number of votes was en-.
titled to be declared elected. The
election was by law required to be
held November 7th, and there was
not time to hold second, neither
was such subsequent election au.
thorized.
Kelly argued that this was a ques.
ton for the cxecutive.and the Cover.
nor had right to decide. The Gov.
ernor has, he said, a right to inquire
into these facts. lie has right to
inquire into the ineligibility and is.
sue commission when there is any
infraction of the constitution. In
other words, in the very words of the
constitution, "he shall see that the
laws are faithfully executed" Shall
he quietly, knowing that this mar
Watts was postmaster, holding al
office of trust under the Constitution
Of the United States, and when he wa.
sworn to support the Constitution ol
the United States and the State OF
Oregon see both trampled under foo
by giving certificate to man who
is ineligible. The Governor Of Ore
gon and the Secretary of State al,
| the persons to canvass these votes
There is no evidence that there was /,
canvass by any other person. 1t il
for them, and only they have decided
They have given their certificate tha
these three gentlemen are eligible
mean including Mr.. Cronin. l
matters not how they came to tha
decision. The presumption of Law
will always be that it was upon suffi
cient evidence.
Hoadley said, my position is tina
the State of Oregon, through he
State officers, has spoken and tn
result Of that speech is the certificat
given to Cronin, Odell and Cart
wright. These are the only legiti
mate, lawful evidences of the act o
Oregon in this matter. submit tha
the certificate or list signed by tn
Governor or Secretary of State o
Oregon and delivered to the colleg
Of electors is final and conclusiv
evidence.
| Why was the Governor and Secre
tary required to sign these lists?
is because the chief executive Of tn
State and the canvassing Office
should unite in declaring who
elected, and when thus signed thci
signatures give conclusive and fina
evidence which is required.
i Commissioner Thurman inquire,
who, by the laws of Oregon, ha,
custody of the great seal Of tha
Estate?
| Judge IIoadley said he could nc
answer that question.
i Mr.. Matthews said it was the Sc,
rotary of State, under the constitl
tion.
| Judge Hoadley said that was prob,
bly, correct, but he would add tn,
there was nothing in the laws ,
Oregon which authorized any sue
certificate or exemplification as
presented by the supporters of CO
titicate No. l.
Hoadley argued that the actic
!. throughout was legal, and continued
| say Cronin was elected, testing b
tho method would quo warrant
run in favor of Watts? Would n,
. disqualification have killed his title
! Could he by quo warranto or cert
: orari contest obtain tho seat tn
tCrOnin held GOvnrnor Grovor