The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-02-23
CLOSING THE OREGON CASE.
YET MORE ARGUMENT BEFORE THE M
TION.tL RETURNING BO.fRD.
the Republicans no Longer INSISTING that
the Governors Certificate is Finai-The
Democratic Counsel Urging the Tribunal to
make nt Least ~ Prctence Of Consistency.

Democratic
mike at Least ~ rrctence of Consistency.
WASHINGTON, Feb 22.-Orcgon was re-
fumcd this morning under rather more favor
nbleAuspircs. If a better attendanceht tllc court
room and more general interest in the pro-
ccedngs can be called auspicious. The close
quarters were crowded to-day most Of the reg
ular hahitucs being present and some few
whose iacos have not become familiar to the oc-
cupants Of the gallery. Attorney General Taft
condcsccnded to inspire Republicans on the
bench and counsel 10y his benign presence.
though by some dangerous mistake he took
teat among the Democratic lawyers and in
point OF position was the vis-a-vis Of Judge
Matthews. who IL very likely to slip into his
shoes. There was another tall. scholarly per-
sonagc among the visitors In the chamber. who
atira ted not little attention on account Of the
vigorous campaign he waged against the Re-
publican party. with which he had been asso-
ci.ted for many years. This was Geo. W. Julian
Of nliana He listened throughout the long
dchaio- with profound attention. aud remarked
Aierward that he had never heard clearer and
closer piece Of logic than Mr.. Mcrrick's speech.
Jud4e stanley Matthews and Mr. Evarts spoke
fr th. Republican ohectors. Thoy both took
IL" ground that they were perfectly consistent
III their positions before the tribunal from first
ioiast In the cases of Florida and Louisiana
they had contcndcd that II was incompetent 10
s. back further than simply 20 find out whether
the certificate Of the Governor had been in ac-
cord with the facts us found and returned by
te proper canvassing authorities. In Florida
le tgnvaasing Board was empowered to
tetcrmne and declare the result Of the
votes. The same was true Of the Wells
Returning Board Of louisiana They had
done so. and had not exceeded the
powers conferred on them. and the Governors
Of both States had certified upon their findings.
In the Oregon case they would stand on the
snmc ground and ask the question whether the
Governor Of that State had Issued the certificates
D. "a" uct- demanded or as the uroner capvoss-
I t'n Wa, of course. the only one open 10 the Re-
ilhi 'Hu counsel for they knew that the com
MISSION mad suggested precisely this plan of de-
i.h' 'Y lnslsunE on the trchnicalite of tho
IIWrt- nt IN" Returning Boards and, not in SO
many words. On the cOnclusiV.neAs ~ a Cover
nor rll'ut". In order however. to give Re-
lNhli4n counsel all possible advantage in the
csse. Mr.. Justice strong submitted resolution
Al 10 N" allowed them 10 submit evidence as t.
t7e pos gnuton OF Watts without stating what
the ell OF this would be- This was carried
AAt io ie next half hour after the conclusion
q MI Matthews syeech Attorney U.ncrnl
Iynor Account Clork McGrew ana Postmaster
WIT w re- subjected To examination on the
iasslr On the lith u Xovem6eT' X r' which dli has has
Il Nfi ls'en denied and that his successor was
ally arpolnted but it9ppeared from the papers
Ir'du '"i IN evid.nre 10y McGrew, as well as 10y
Id I -timony of Watts himself that his account
WITH the Government had not been closed until
tn 81 day OF January. 1871.
The announcement that the commission had
A-recd 10 admit evidence az to the Oregon cleo
tr wa- received 10y tho Democrats With con
tmpunus snecrs. The tribunal admitted evil
dcue" ia the case of Humphreys. where the
Demo rats had a very wrnk point, as he had re-
ciudcd il in the cases Of Brewster and Levisce
where the proof oi inrllgihllity was Qverwhel-
Ling. and today they admitted II in the case Of
MH'is 10 hnurd some lu-t,ilr alton of going
behind the sovereign seal which tne.r
WIS lhr l9Si straw. and Democrats Indignantly
r'pudint"d the whol" thing. representative
Jsnk- about this time came hounding into
te House while the ncnlh'r, wer" doing over
TIE appropriation bills and created much *
ftiien up the Democrat backbone. It wns
AI glit"ring generality. but his manner wae 80
Nry assuring that some few began TO see a
hN.f lining 70 me Cloud. though ih' great ma
, ,trlJ thought that jerks WIS IN the track. and
had notion that the seven spot could take the
Mr, Merrick closed the debate eni made in
900" r-l"cts ih" most pointed. l"-i .ul. and
fearless address the commission has listened
L. II throw back the ln-inuntipn that Demo-
ernti' counsel had changed their position snre
u" op ming Of the Florida case. They had.
however. "a r"ptcd the findings of the tribunal.
and hat every reason t. rNp.'t now thai ih,
tibuna would not be tie frs. o. challenge lie
truth and justice ~ those decisions hy over
inrnlns tieni IN order - reach sired result
tween tur laws OF the three disputed States in
I'snrI To- the canvass ui the votes. While in
1rlin Nni Louis inna M" f-p-NtiNp statutes Of
~ states provided for canvass hy the Re-
turning boards in Oregon there was No such
lrnNls 'u. me Governor and Secretary Of
nat" W'r" ordered simply - issue certificates
thr 4+fNr- 'lr frl. leaving the iA't Oi cles-
I ~. -N iNr Hs eligibility WAS concerned in the
Sr'i'"u of ih" En- utlN". Tho statutes Of
oregon "Nrr'--ly rurried out the provision Of
q" l 'd'ru Constitution in rrirren'e to ineligi-
lls can liialns Hnd the Governors sworn duty
Nl- t. r"iu-c cert n 'ute tO Watts Again II
tfnnn mold ~" crriiii ate, only a Il" fnofn rl"c-
t'n. th"r" was no vacancy Ia the collage. for
time. II ''re. th"n. "" have no CanNa--ing Board
Oi ilnul r'-nrt--nothing hut thrrNer. -t Of dis
tretiuntry powers conferred ly The two Cun-ti-
tutun~. There cnn ho no appeal 10 nu oili eial
canvt-- Tor the Governor and Ser Htnry OF State
Hre made ia" sol" interpreters Of the const.tu-
tiOnnl results Of the canvass. and his sal and
ceriii at" must be- supreme. Mr. M.rriok closed
with ringing appeal lor cons istru y in luds-
mont. -uying that the agitation Of the public
heart would b" increased If this qu, -tiOn WIS
t'lNc7 and 81 nr tI "a" people. II, exposed the
iu'k'H ~ his opponents in twisting decisions
v -ht ih"ir purposes hy Omlitng important
u1na "a tho 'nt'n'r- from which they rrad,
hhd hN th" pr"du fion of text and context re-
iY.tl iucm completely with their own chosen
hullpi ties.
The members ~ the commission talked gen
frrl} oyer The Oregon question from until <
P'h. hi winch tim" hr 'rss was taken ON the
iNNllun oi the Democratic side. They urged
tnH any indecent huete was not the thin.
~ -u. hn important time. and relerrcd to the
lHl iIIf some of th'm had not lul the OppIr-
iulf ih"v wished for 4 'us7ns the detail, of
49," l.Yfi-Irnn cus. NJ Noi. Avu@ tukrn and II
hhlll uN lD'k iI-lu0rroW afternoon, thus allow
lIss al necessary Glance Tor debate.