The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-12-27
EIECTING A PRESIDENT.
Casting and Counting the Votes Of the Elec-
tors Chosen by the People.

new YORK Press.
On Jan. o the presidential electors in
every State in the Union will meet at their
respective capitals and cast their votes for
President and Vice-president OF the United
States. When Congress assemblies on the
second Wednesday in February, 1893. the
two houses will meet In the hall of the
House of Representatives and proceed 10
count the votes SO cast, and the result
will then be Officially" declared for the
first time.
The con gressional couut will be made
under the law that was signed by President
Cleveland on Feb. 8. 1887. The statute was
passed to obviate some of the difficulties
which arose as q result of the Haves-1ilden
contested election OF 1876.
Under it's provisions the President of the
Senate presides over the joint convention
of the two houses. 1t orders that the
electors of each State shall meet in the
place prescribed by the Legislature on the
second Monday in January following the
November election and give their votes.
The second section 10 especially designed
to do away with contested returns from
any State. and 20 furnish a means for Con-
Gress to dispose of them if any are made.
1t enects that if any State shall nave pro-
vided. by laws enacted prior to the presi-
Dental election, for the final determine
ton, By judicial or other tribunBls, OF q
contest concerning it's electoral vote, and
such determination 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 precaution, there
are contested returns from n State. Sec
tions B and 4 aim to meet the emergency.
They make IL the duty of the Governor of
election by certificate to the Secretary or
State at Washington. and To deliver to the
electors the same certificate in triplicate.
which they are also TO send 70 the Secretary
of State. Ii there shall have been any con-
tested returns settled in the State the Gov
ernOr shall transmit notice thereof TO the
Secretary of Stats. who shall publish 1t IN
any newspaper he may designate, and ct
the first subsequent meeting of Congress he
must transmit to the two houses copies of
each certificate.
Let us suppose the two houses assembled
in the hall of the House of Representatives.
with NIce-presldent Morton presiding.
There g.. are re-. tT H,, .oliers M for a., a Senate Sss and
calling the roll of the States in alpha bet
lcal 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 MIR. Morton. who announces
the vote. This announcement Is deemed
sufficient declaration of the election OF
President and Vice-president.
so Tar all IL smooth sailing, but what II
there are contested returns from any State
or objections are raised to the reception OF
q cartificates That Is where Section 4
comes in. Under it one Senator and one
Representative may state their case against
houses will separate, and each in it's own
chamber Will consider the objection, but
no votes from any State which have been
lawfully certified shall be rejected unless
the two houses. acting concurrently. shall
agree that such votes have not been
regularly given by electors whose appoint
ment has been properly. certified. In case
of contested returns from any State the
two houses, acting separately. must concur
as to which shall be counted az having
been a~djudged valid by the State tribunals.
and in case there shall have boon no decis-
ion by State authority the two houses
disputed return. But il the two houses
shall disagree In respect to the counting Of
such votes. then the votes of the electors
whose appointments has been certified by
the Governor of the State shall be counted.
The new law seeks as much as possible.to
refer the decision of all contested electoral
votes to the States in which the contests
occur, and further provides that when the
States shall have neglected that duty the
consent of both houses Of Congress 10 re.
CURED to throw out any return. This pol
icy was adopted IN view of the conflict
which arose when the count of the election
of 1876 came to be made. The Republicans
claimed the election Of Mr.. Hayes. tho
Democrats that of Mr.. Tilden. The Issue
hinged upon the electoral votes of Louls-
lana and Florida and one i'll Oregon. The
Democrats did not claim that the Repub-
licans had not carried the latter State. but
that one of their candidates for elector was
ineligible. Both parties contested the other
two States.
Here occurred the perilous question of
who was entitled Co count the electoral
votes and declare the result. Conflicting
sets of returns had been sent from Florida
and Louisiana. and the Democratic Gov
ernor of Oregon had certified to the cleo
tion of Cronin, one Of the Democratic can.
didates for elector. The Republicans ar
Rued that the President of the Senate. q
Republican, had the sole authority to open
the returns and declare the count, while
the democrats maintained that only the
Joint body of the two houses could declare
the result. Ont of the bitter conflict the
Electoral Commission was born. and the
law of 1887 is designed TO prevent another
such contention.