The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-30
In the Process Of Electing a Presi-
dent Of These United
States.
Casting and Counting the Votes of
Electors Chosen by the
People.
Provisions Taken to Guar Against Con-
tests-How to Dispose of Them
Should any Occur.

WASHINGTON, Dec, 2J.--On Jan. . tnd
presidential electors In every state In tn,
union will meet at their respective capital,
and cast their votes for president n vice
president Of the United States. When con-
press assemblies on the second Wednesday
in February, 1893. the two houses will NEE
in the hall of the house OF representatives
and proceed to count the votes 80 cast. ant
the result will then be Officially" declared
for the first time.
The congressional count will be made
under the law that was signed by President
Cleveland on Feb. 5 1887. That statute
was passed to obviate some OF the difficult
ties which arose ne a result of the Hayes
Tilden contested election of 1876.
Under it's provisions the president Of the
senate presides over the joint convention
of the two houses. It orders that the cleo
tors OF each state shall meet in the place
prescribed by the legislature on the second
Monday in January following the Novem-
Der election and give their votes. The sec
ond section is especially designed to do
away with contested returns from any
state, and to furnish a means for congress
to dispose of them if any are made. 1t
enacts that If any state shall have provided
by laws enacted prior to the presidential
election for the final determination, by ju-
dicisl or other tribunals, of any contest
concerning its electoral vote, and such de-
termination shall have been made at least
six days before the meeting of the electors,
that decision shall govern the vote of the
state.
But if in spite of this precaation there are
contested returns from q state, sections
three and four aim to meet the emergency.
They make it the duty of the governor of
each state to transmit the result of the
election by certificate to the secretary of
state at Washington, and to deliver to the
electors the same certificates in triplicate,
which they are TO send to the secretary of
state. If there shall have been any con-
tested returns settled in the state the gov
ernor shall transmit notice thereof to the
secretary of state, who shall publish it in
any newspaper he may designate, and a6
the first subsequent meeting of congress he
must transmit to the two house copies of
each certificate.
Let US suppose the two houses assembled
in the hall of the house of representatives
with Vice President Morton presiding.
There are two telIe1s for the senate and two
for she house. Mr.. Morton begins calling
the roll of the states in alphabetical order,
and opens the certificates of the electoral
| vote of each, handing them to the ~tellers.
| who make q list of the votes as they appear
from the certificates, and deliver the result
to Mr.. Morton. who announces the vote.
This announcement is deemed sufficient
declaration of the election of president and
vice president.
So far all is smooth sailing, but what if
there are contested returns from any state
or objections are raised to the reception of
a NErfifioata2 That ia whara Genkinn q
comes in. Under it one senator and one
representative may state their case against
a single certificate. whereupon the two
houses will separate Il each in it's OWE
chamber will consider the objection, but
no votes from any state which have beer
lawfully certified shall be rejected unless
the two houses, acting concurrently, ghal
agree that such votes have not been regu
larly given by electors whose appointment
has been properly certified. In case OF
contested returns from any state the two
houses, acting separately, must concur al
to which shall be counted as having beer
adiudged valid by the state tribunals, anC
in case there shall have been no decision b,
state authority the two houses must concui
in counting or rejecting the disputed re-
turn. But il the two houses shall disag REL
in respect to the counting of such votes
then the votes of the electors whose ap'
pointment has been certified by the gov.
ernor of tha state hall be counted.
The new Law seeks as much as possible t.
refer the decision of all contested ~eiectore
votes to the states in which the contests
occur, and further provides that when tn,
states shall have neglected that duty. tn
consent CT both houses of congress ia re
quired to throw out any return. Thi
policy was adopted in view of the confic
which arose when the count of the election
of 1876 came to be made. The republican
claimed the election of MIR. Hayes, tn
democrats that of MIR. Tildep. The issu
hinged upon the electoral votes of Louisi
ana and Florida and one in Oregon. TIL
democrats did not claim that the repubii
cans had not carried the latter state, blu
that one of their candidates for eleotor wa
ineligible. Both parties contested tn
other two states.
Here occurred the perilous question o
who was entitled to count the electoral vote
and declare the result. Conflicting sets o
returns had been sent from Florida an
Louisiana, and the democratic governor o
Oregon had certified to the election O
Cronin, one of the democratic candidate
for ~elector. Ihe republicans argued ths
the president OF the senate, q republicaH
had tho sole authority to open the return
and declare the count, while the democrat
maintained hat only the joint body of tn
two houses could declare the result. On
OF the bitter conflict the electoral commie
sion was born, and the law of 1887 ia de
signed to prevent another such contention
Called Charley Foster Down.
49,.