Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-11-10
ELECTION CONTEST
Up 70 CONGRESS
SENATE AND HOUSE MUST DE-
eide IF QUESTION ls CARRIED
THRU COURTS.
MAJORITY
WOULD FAVOR WILSON
Protest Of Votes in Close States Would
Cause ,Lono Course of Procedure
Protest of Votes in Close States Would
Cause Long Course Of Procedure
Situation Different From That Of
Hayes and Tilden Contest in 1876.

Washington, Nov. 10.-In case the
defeated candidate for president wants
to make contest for the office, based
on the closeness Of the returns in the
crucial states, the matter will go to
congress for adjustment
This would give President Wilson a
great advantage, whether contestant
or defendant, inasmuch as the demo-
cratic party has complete control OF
the machinery Of both the house and
the senate, and would provide the
means for hearing and adjudicating
The contest.
The constitution formally provides a
method of electing president where
no candidate gets majority In the
electoral college. 1t does not provide
a method. however, for the. conduct Of
a contest in which a defeated candi-
date demands recounting Of the bal
lots in particular states.
Where there Is not a majority in the
electoral college, the house Of repre-
sentatives chooses a president. The
house does not vote by members. but
by state delegations. 1pasmuch as
either Mr.. Wilson or Mr. Hughes will
have majority on the face Of final
returns from the election on Tuesday,
the house will not elect by this method.
Contest Of 1875 Recalled.
In 1875 there was dispute over the
result between Hayes and Wheeler re-
publican candidates for president ana
vice president and Tilden and Hen
bricks. the democratic candidates. Til
den and Hendricks on the face Of the
returns came within one vote of ma
JUfity. The votes III three states were
contested. At the time the house OF
representatives was controlled by the
democrats and the senate by the re-
SaS!!cans-- The cnnst ltiiti ion provides
that the electoral ballots shall be open
ed at a joint session Of congress and
counted by the president of the SEN
ate This was the crux Of the contest
between T.lden and Hayes, inasmuch
as the democrats claimed it put the
matter of selection entirely lin the
hands of republican vice president.
Finally an agreement was reached TO
select commission composed of If
teen members. five from the house,five
from the senate, and five from the SUI
preme court. The verdict OF this COM
mission was 10 stand unless rejected oy
one house or the other.
How Hayes Was Elected.
The republicans gained control OF
the commission and by a strict party
vote OF s to- it decided the contests in
each Of the three states In favor OF
Hayes and Wheeler. The house reject
ed the finding. but the senate. controll-
ed by the republicans, approved 1t and
thus gave the presidency to Hayes.
This year there could be no jockey
ing FOR position on the commission, II
one were chosen. irasmuch as the
democrats control both houses Of con-
gress and could appoint one Of their
own making. -
To contestSthe election the defeated
candidate will have TO carry his fight
thru the state courts in the various
disputed states and then to congress
on the findings OF the courts. If they
are adverse. II they are in his favor
il is assumed that the other candidate
will go to congress. in which event the
elections committees of the senate and
the house would hear the case and de-
eide whether or not TO propose legis!a-
ton providing for an adjudication be-
yond that of the courts.