New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-01-28
MISTAKES OF ELECTORS.
THE VOTE OF TEXAS WILL BE COUNTED.
WHY THE ELECTORAL RETURN OF THE LONE
STAR STATE WE'RE SENT BtcK-A TALK
far TELEGRAPH 10 NE ramusz.,

tBY TELEGRAPH TO THE TaIBuEEI
Washington, Jan. 27.-The case Of the electoral
certificate of the State Of Texas which Senator ingalls,
as president pro tempor declined to receive aud sent
back by the messenger who brought IT, for correction
has caused good deal of and has given rise TO
question as 10 how far the electors OF State may be
allowed TO correct their work when Il has been I'M
perfectly performed. Some contend that after the
electors OF have met cast their ballots and adj
journed they have ceased to exist body and can
be again called together. Others assert that the
Governor of the state has the power to reconvene the
Electoral Board Of his State If It IS discovered, after
the board has adjourned that the members have failed
TO perform some portion OF the work devolving upon
them or that the work actually performed is imperfect
In any particular. AS Senator Hoar IS probably as
we'll informed upon this subject any other member
of the Senate having made It special study Whiie
engaged In the preparation OF the present Presidential
Succession bill. Tribune correspondent called upon
the Senator to-day and asked him II, in his opinion the
electors Of State could DO rcconvened by tho Gov
ernor to correct any mperecon connected with their
duty Of voting for President and Vlce-President
Il Think said the Senator, Il shah have 10
separate their duty into two parts In order fuzzy 10
answer the question. IN the first place, the Con-
stltution provides that tho electors shall meet ON
certain day and cast their votes, by ballot for
President and then east their votes, also by ballot
for Vlce-President. Now It doesn't make any DIFF
they twelve separate pieces of paper with the
name Of Mr.. Harrison them for President. or one
Of their number casts single ballot TO which they
all assent. They pursue either for Vice
President, but they must sign their names to the
record Of the votes as cast. Up to this time their
duties are prescribed by the Constitution, and when
they have performed this act they have compieted
the Constitutional work for which they werc creatod
All the work after this tho certihcation, Is simply
evidence OF tho act which they have performed:
This evidence they can correct IL Imperfect, out
there was any ireguary In the act OF esas or dId
not voto-I don't think that could be corrected
=" Have you considered anything about this ie1aS
Oh, yes I was consulted by Mr.. ingalls, about It
and am familiar with all the facts. The law TO .,
ques that the electors shall mako three certcaes OF
their action-one TO DO filed with tho clerk OF me
United states District Court I'm which they assemble
one TO be sent by mall 70 the President OF tho 5eatg
and 10 be transmitted by messenger and Delivered
10 the President Of the Senate. The law also re =,
aures that record OF the action OF the electors sna
be lndorsed on the envelope containing tho return
These envelopes cannot be opened until the day nAed
m ioint session. whom the seals shall DO broken by
the President Of tho Senate in the presence OF Io
presented by tho messenger 10 Mr. ingalls, the en-
velope simply addressed &c the president OF INC
Senate Mr.. ingalls,, thinking that ths Wa . an1
communication properly Endorsed, broke the scar anu
opened IT, when he found that there vas nothing 0
suited with and MIR Evarts "a to what course hS
should pursue, and the advice was that no sn1ui a
return II for insertion IN now envelope, Nh,h
should be properly Endorsed IL tho messenger sheud
fan 10 return in Time ho has siil the return ust ne
received BY mail. and that can be opened anu lhe
vote counted lie also conferred with both the IeNss
senators. and they agreed that this was mo pes'
plan to adopt . -. A., -. y,
Then you think that this talk about the von OF I
Texas not being counted has TO foundation IN Ise.
az don't think Il would be right TO throw Guy tho
vote OF state and nor allow the manifest VIII OF VIC
people OF that state 90 be expressed meIey upodn
such a tcchnicality as now exists nave h es
Though do not know definitely, that thero arc iech-
meal defects IN the certificates OF one or TWO oher
States.n -, A.. ....te
Mr. ingalls, Is taking tho greatest caro- OF inc eeri,
Gates OF the electoral vntes 70 that no anclaoht sh
hapnen 10 them before tho day fixed by law Tor tI
hcir,s. orened That viii be "Wednesday, February
m according 10 section OF the Electoral Count law
which urOydrs that Congress shall be IN session on
tbe second "wednesday en- February succeeding every
meeting OF the electors and then details the msnne
IN which the two houses OF Congress shall meet ana
how the returns shall be opened and Rad Tao Votcs
Counted and the announcement OF the result made.