The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-12-04
Georxia's Blank in the Election Of
gSSA-


THE DISCOVERY THAT THROUGH A LEGAL
DISCREPANCY THE STATE RAD LOST HER
HIGHT TO VOTE FOR PRESIDENT.
tAtisata Constitute q, 2d.I
A great sensation was created over The
city yesterday afternoon by the report that
Georgia had lost Der electoral vote in the
presidential contest. Wbile Garfeld's sue
cess Il assured without the ard OF any such
ac,idcnt, vet the announcement created 10
little surprise.
IL appears that there is strange dis
crepapcy between the State Code and the
U lifted States Statutes on the subject OF the
manner in which the electoral vote shall be
cast. The United States statute is as fol-
lows, section 1874, page 81:
1.-The electors for esch State shall meet
aad give their Votes upon The first Wednes.
day in December in the year IN which they
are appointed, at such place in each State
rs The Legislature OF such State shall d.
rect"
Passed in March, 1892.
But here comes the Code OF Georgia and
says:
"Section 1912. On the twentieth day after
said election shall have taken place II is
the duty Of the Governor TO consolidate the
several returns and immediately notify those
persons OF their election who have received
vote amounting to majority, and 10 re.
quire their attendance at the Capitol on the
first Monday in December thereafter to cast
tue vote OF the State on the Wednesday fol-
lowing at ~ NJ"
IL will be readily perceived that no con-
fiict could ever occur between these two
laws except when a Wednes day in Deem
Der came before Monday. This year We'd
nesGay is the first day OF the month, and
while the other States have cast their cleo
floral votes, Georgia u blank in the count,
and without any fault on the part Of her
Executive, because be has followed the
plain language OF the law OF The State.
Yesterday afternoon a reporter OF the
Constitution called on the Governor and
Interviewed him on the subject.
Reporter: What do you think about the
rumor that Georgia has lost her electoral
vote 7
Governor COlquiti Well, / know why
the assertion is made, but do not believe
the vote is lost. In calling the electors 10
meet acted in accord with the PLAIN prOvi-
sionS of the law, and | am sure the vote OF
Georgia will yet be counted. | learn that
there was bill introduced in the Senate
to-day 10 amend our Code so as TO make 1t
conform TO the United States Statutes on
The subject OF presidential elections, but
of course it cannot apply 10 this in
stance. AS you see b. the law | act
ed in perfect obedience to the direction
OF the Code. [The Governor here read the
law Of the state on the subject ] How
should | act! Should follow such plain
dictaiiOn of the Code of the State. or should
I. even II | had known the statute OF the
United States, have obeyed that? | see that
precedent has made the rule by which /
acted IN this case. la 1876 the electors
were called to meet under exactly the sane
law, and in that critical year there was no
difficulty, because the first Wednesday came
after the first Monday. Bot the Code, and
not the Governor, Is responsible for this dis
rrepancy. AS the matter stands, it makes
no practical difference; but IL il did, how
should have acted!
Reporter: Do you think Georgia will lose
her elec oral vote?
Governor COlquit: No; do not think
%. | do not think any question will be |
made on il. The electors will meet here |
next week. and on Wednesday they Will
cast their votes for President and Vice
Presidei OF the United States. Those |
votes will be sent on 10 Washington, and |
hey will be counted, think.
Reporter: Was there not Il difficulty OF
his kind in 1902
Governor COIquitt: No, sir; the Code |
provides that In a case where The electors
IN any ticket fail TO receive a majority, the
legislature shall elect from them those per-
ons who shall cast the vote of the State.
n 1860 there were Bell, Breckenridge, and |
Douglas tickets in Georgia. None Of them
"a .
md the Legislature chose the Breckn-
idge electors. The present case is not
II all parallel or similar TO that. am sure
bat the vote OF Georgia would have
'een counted for Hancock if it had elected
lin, even though all error such as this had
occurred through deficiency in the State
ode. THIS would surely have been the
guilty of the case, and with such a MAORI
y, do not believe the States vote would
ave been thrown out. or course the law
hould be altered to be in perfect conform
ty 10 the United States statute, but as it
ow stands acted after The prfc edent q
~ predecessors and in plain pursuance 4
be law, and am sure / acted right"
The best legal opinions seem to confirm
be Governors action in the premises. and
is generally agreed that it would be wrong !
W. io'I"" W n"i" nun dOCouHtdDIc IOI
of the caen lar WHICH puts the
ieorsia Code in an embarrassing position.
AS the matter stands the electors OF Geor-
ia will surely meet next Monday, and .
ext wednesday will cast their votes for
hancock and English, and that the vote of I
ieorgia will be counted in the Electoral :
oIlege seems to be the opinion OF many,
'hile others think the errors in the Code
as robbed the State Of a privilege which
ouid bave been honorable in its exercise {
Tough futile in its result.
A Fund Raised for General Grant. I
Especial to the Baltimore Americana s