The Caucasian. (Clinton, N.C.) 188?-1913, 1896-12-10
the ELECTORAL COLLEGE


First District-Rslph Ito WAND, Of
Second District-Howard +. Free.
man, Of Wilson.
Ihird District-CharIes X. Tboma.
Of Nash. D. "AiieJ'
Fifth District-william u. Merritt
Of Person. '''
sixth District-BeDj. +. Keith, of
New Hanover.
seventh District-Theo. r. KIuttz.
OF Rowan,
Ninth District-Robert ID. GiImer.
Of Haywood.
The elector from the Eighth dis.
trict, DIR. Tyre York, Of Wilkes, was
not present. 80
Elector-at-Large Locke Craig called
the college to order and nominated
Capt. X. Il. Davis for chairman. lie
was elected by reclamation.
On taking the chair, Capt. Davis
made an appropriate and brief talk.
thanking his colleagues for the honor
conferred upon him.
we nave met" he said, Ito organize
an electoral college and cast the vote
Tor President and VIce.President of
>OTLn C6rOlIna.
MIR. Merritt, elector from the Fifth
district, was made secretary.
There was discussion upon whether
the electors could proceed in the alb
sence of the certificates from the Gov
ernor.
On motion of ElectOr Thomas. a
committee OF three was appointed to
wait upon one of the Justices of the
nd b;
minister the oath to the electors. JUS
tice Clark complied and ADM nistered
the Oaths.
All the electors were found to be
present except DR.. Tyre York, elector
from the Eighth district.
Mr.. KluttZ read from the election
law and argued that the college could
do nothing now but to adjourn. "The
Governor could do nothing else than
call us here. 1t is his duty to make
out three lists. We cannot proceed to.
day without them"
| Mr.. Thomas made a suggestion, from
the result of the examination of the
law, that the lists the Governor were
to give the electors tomorrow were
merely to be forwarded to the Federal
authorities, and would not have any
bearing on this meeting. DIR. Free
man thought that this meeting ought
to fill the vacancy caused by the alb
sence of DR.. York.
Mr.. Kluttz, in order to bring the
matter before the college, offered the
following resolution:
"ResOlyed, That whereas, DR.. Tyre
York, electOr from the Eighth Con-
gressiOnal district, is absent, that the
matter of filling the vacancy, caused
by his absence, be postponed until to-
morrow at nOOn."
1t was adopted. The college then
adjourned to meet again Wednesday
at noon.
Second Days Proceedings.
At the hour appointed the Electoral
College met again in the Senate
chambers, Col, II. b. Davis, of New
Hanover, in the chair and w. ID. Mer-
rift, of Person, Secretary.
The rOll-call showed all members
presents, except DR.. Tyre York, of the
eighth District.
The president announced that the
first business before the body was the
unfinish business in regard to the fill.
ing of the vacancy OccasiOned by the
absence of DR.. York.
Mr.. Kluttz said he had just been in
consultation with the AttOrney-Gen-
eral and that his opinion was that
under the Federal law, this body had
no right to declare vacancy at this
time, as it was not the time to vote
Even had the Electoral College. he
said, the right to declare vacancy
, and fill it, such action would be in
contraventiOn to the Federal law and
on the 18th of January DR.. YOrl
: would have right to come here anC
demand that he be allowed to vote
The question of a vacancy can only bt
5 considered at time when the Elec
, t0ral College assemblies to vote.
Mr.. Gilmer then stated that the in
: PRODUCTION of Mr.. Kluttz's resolution
on Tuesday was entirely out of Orde
. and unnecessary, it should now b
withdrawn, as it was not pertinent t.
the business of the body. "Ihoug
: the Governor was right in calling tn
: College together, as required by tn
Y State law" he said, 1.-THE jurisdiction
I of the body now in session is limited
The Federal law provides that an
!, vacancy shall be filled when the Col
. lege meets to cast its vote. SectiO
1873, chapter /, of the Revised Statute
of the United States, passed by th
l. Congress of 1S73-74 says: Each Stat
may by law provide for the filling {
% any vacancies which may occur in il
college of electors when such cOlleg
4 meets to give its electoral vOtes.'
Mr.. Craig held that it was evideI
, the Legislature intended that a
/, vacancies should be filled day, there
fore, he moved that the whole matte
be postponed until the meeting
r January.
Mr.. Gilmer moved to amend this b
7. moving that the motion be laid on tt
table.
Mr.. Thomas agreed with the view {
the law taken by Messrs. Gilmer an
Kluttz and explained at length tt
provisions regarding the casting
~ the electoral vote and the declaring
:. a vacancy. He said the Electors wel
40 meeting here under the prOclamatiC
y, y of the Governor and in obedience
L. the State law and he held that, as Fl
re as possible, the State and Federal Law
I'd ought to be reconciled. He cOuldn
tv see why it was necessary to strike o.
the resolution.
"A Mr.. Gilmer said that about all the
n was for the Electoral College to do
~ this meeting was to meet and a
journ.
OF Mr.. Kluttz held that the collie
r. ought not to adjourn sine die, but a
b. journ over to the next meeting on t
of second Monday in January (11th.) E
therefore, favored pOstpOning all t
IF unfinished business over until tn
% time.
10 The motion to postpone action
all unfinish business till the Janua
on meeting prevailed and the ElectOl
y n III
Oh noon on the second Monday in Jan
iff airy.
va Just after adjournment and beft
in the Electors left the hall their cert
Gates of election, signed by the CT
.o ernor, were handed them. Thu
'er copies of these certificates were a
JUS transmitted by registered mail to t