The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1877-02-23

resignation. On the 14th of November
witness telegraphed to Underwood to
take charge of the Office till Watts sue
cessor was appointed, and on the oath
of November received letter from I'm
derwood stating that he had taken
charge of the office according to in
structions. Other kilograms and letters
were produced to show details in con-
nection with the resignation of Watts
and the appointment and qualification
of his successor.
Thurman inquired if there was any
law or rule of the Department that re-
quifed the accounts of a postmaster to be
settled before his resignation could be
accepted. The Postmaster General re-
piled that he was not aware of any.
John w. Watts was called, and testi-
fed to the same fact relative to his res
ignation and its acceptance.
j. NJ. McGrew, sixth auditor, testi-
fed that the accounts of Watts had
been adjusted and settled up to and in
cluding the 18th of November.
Evarts commenced his argument at
half past IL with the claim that the
course pursued on that side in connec-
tion with this case was consistent with
their claims in the Florida and Louisi-
ana cases. In those cases the certifi-
Gates had been in accordance with the
canvass, and they hold now that the
certificate should conform to the can
vass. These two conforming, the evil
dence was conclusive. The canvass, he
maintained, was the substance, the GER
tiicate the form. He charged that the
opposition had charged their claims
with the different cases, and for that
reason had been compelled to change
counsel. Mr.. Evarts then took up the
certificate of Odell, Cartwright and
Watts, claiming that in it every re-
quirement of the constitution had been
complied with. He insisted that the
evidence of title rested in this certifi-
cate, and not in the one which had the
governors signature. The absence of
the certified lists was through the de-
fault of the governor and secretary of
state, and not through any neglect of
the electors. The refusal of these Off
GERS to furnish the list was derelic-
tion of duty, and such derelictions of
duty always had an object. The GER
titicate contained more; it containedan
abstract of the votes cast for Presiden-
tial electors, as on file in the office of
the secretary of state, certificate by
S. F. Chadwick, secretary of state, that
the inclosed was true copy of the alb
stract and that he had affixed the great
seal to the copy; besides this there were
the minutes of the college; the resigna-
ton of Watts was received and accept
ed. The act had been done openly, un-
der an uncertain idea that he
might have been disqualified
Watts did his duty, for he would not
put in peril one of the votes of the state
of Oregon. The votes had been cast
and the ballots were here. Under the
constitution, act of 1882, and the laws
of Oregon, these minutes were plenary
evidence of the validity of the act of
these electors.
Mr.. Evarts having concluded his ar
gument, the electoral commission at 5
O'Clock went into secret session until
7:20 and adjourned till tomorrow. ow-
ing to fatigue and the wish of the men,
bers to look into the very numerous le-
gal points raised.
The commission will vote at to-
morrow at farthest, hence, unless the
two Houses remain in session in the
evening, the commission will not report
to the joint session until Saturday.