New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-11-20

There Is one last word of counsel to be
gwen with regard to the election OF President
Gariell-that the electors in The various STATES
shll use the utmost ere TO comply with the
forms OF law IN all details. \ correspondent
suggests that in some OF the STATES a heavy
Snow-siorm, for example, might prevent the
meeting of the Electoral College on The day ap-
pointed, and a question mlght thus b raised of
the val dity Of the vote. The Wisconsin case
IN 1886 was one in point There the
Electoral College was prevented from meet
ing until the an Of Dccemhcy when
it should have met on the Sd. Wen the
vote WIS questioned in joint session 0. Cor.
eless. the presiding officer declared nj! debate
out of order. and announced the whole vote
as reported to him. Oy the tellers, including
the five Votas Of Wisconsin for General Ere
mont, nis was perhaps the gravest Of the
Technical informaities which have been found
in electoral returns and even tins WAS not
allowed TO defeat an expression OF the popular
viii. But the electoral votes for General Gar
| field viii be counted by an intensely hostile
Congress. There is 10 prospect now chat any
attempt will be made to OO5truct the unit or
to reverse the result, bat it is best thdtth law
should be followed TO the letter-iilst, because
laws should always be respected in the small
est particular second, because It is best not
to lead q Democratic Congress into temptl-
ton.
In States where stress of weather might
possibly prevent Il majority OF the electors
from reaching the capital, 1t might be we'll for
all to start day sooner than is absolutely
Necessary. If a majority be present, persons
can be elected to fiji the places of absent cleo
tors, and the vote of the State can thus be
made good. All the States we believe, now
have laws pr0yiimg for the filing Of such
vacancies, though number Of them were
slow in adopting them. In 1920, Wien Mr.
Madison WIS elected Pennsylvania, Tennessee
and Mississippi each lost a vote through The
death of an eloctor. In 1892 Henry Clay
lost two votes from Mary land because
two electors had been detained by illness from
the meeting of Tie College. The only other
similar instance is that of Nevada, which was
admitted to the Union 10y a proclamation
dated only one week before the Presidential !
election of 1864. One of the electors died, |
and there was no State law authorizing the |
filing of a vacancy. Nevada therefore, cast |
only two votes for Lincoln. One Of the |
States-COorado-is in somewhat analogous
position now. Its electors were chosen in |
1876 by the Legislature, and there was a |
popular vote for President this year for the |
first time. There has been ample time how
ever, to provide such a law, and it has III all |
probability been made.
Some of the State laws authorize the filling
of vacancies without limit as to number or
cause The Oregon law, for example, author
lies "the electors present" to fill "by plurality
" votes" ANY "vacancy OccasiOned by death,
" refusal to act, neglect to attend, or other
" wise (Which, ii was claimed in 1876 III
Guided a non-electoD. The day for the meet
ing of the Electoral Colleges this year will be
Wednesday, December !. Under the New
York law, the electors must meet in Albany.
at the Capitol, on Tuesday, November 30, at
o'clock IN the afternoon, ard must there
upon proceed TO fill "by ballot and by plurality
" of votes" all vacancies occasioned by the
" death, refusal to serve or neglect to attend
&" at that hour OF any electOr." The Electoral
College being then complete, they are to select
a President and Secretary "from their own
" body" The next day they are to meet
at the Capitol and vote for President and
Vice President in distinct ballots They
must make "distinct lists" of the persons
voted for as President and as Vice President,
and the number of votes for each, (which
l." lists they shall sign and certify" and an
nexng thereto list of the electors prepared
by the Secretary of State, signed by the
Governor and sealed with the seal of the
State, shall seal up the same. certifying
81 thereon that lists of the votes of this State
81 for President and ice-President are con-
- tanned therein" a messenger is to be ap-
pointed, by writing under the hands of a
% majority" of the electors, to deliver the re-
turn to the President Of the Senate at Wash
ngton before the first Wednesday in January
The electors are also required to forward
by mail list similar in all respects
20 the President of the Senate at
Washington, and to deliver another to
tue United States Judge for the Northern