The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-11-10
ARE
FORECASTE:D| IN
CLOS: STATES

WASHINGTON, d. c. Nov. u
Government officials here were deep
ly Interested in and not little con-
cerned over today'S announcements
from Democratic and Republican CAM
paign leaders that contests might be
expected, with q possibility Of legal
proceedings, over the vote for PreSl-
dental electors in several OF the close
states.
Examination Of the decisions of the
Supreme Court and Of The revised
statutes disclosed that electors arc
plainly regarded as state officers. The
highest court held in TWO leading
cases that questions Of their proper
or improper choice are for state cleo
ton officers or state courts 10 determ-
inc and that the federal government
is not lawfully concerned even if fraud
is shown.
The revised statutes provide that
the electors shall meet in each state
and give their votes" on the second
Monday in January Following election
at places 10 be designated by the state
legislatures. In the ordinary course
of proceedings where the right Of the
electors 10 sit is uncontested their
votes would be counted in the House
of Representatives here on the second
Wednesday in February and this
would be the legal end 10 the election.
The statutes further provide that
where a state shall have laws made
prior 10 the election determining
methods by which controversies or
contests. over electors shall be set
tied. whether by judicial proceedings
or otherwise, these laws. shall be
binding and shall govern in counting
the electoral vote Officials here
were under the impression that it
would be found that all the states that
may be involved in contests have laws
Of this character.
How Much Latitude.
Aside from the direction that the
electoral votes of all the States he
counted in the House on the second
Monday in February. there seems to
be nothing TO indicate just how much
latitude a State might have in deter
mining contests so as to have its ote
counted lathe fixed time. The stat
utes provide that the voters OF the
States be forwarded TO Washington
forthwith" after the electors meet on
the second Monday in January. and
also say that whenever the certihcate
Of any State as 10 its electors has
not been received in Washington on
the fourth Monday in January, Spc'
cia messenger shall br sent to the
district judge in that State. in who's"
hands one certificat" must be Lodged
and be is required 'forthwith'' to for
ward his certificate TO the capital.
When Congress nreiE to receive
the votes il is still possible for a ma
iority to reverse the certified results
from any State in rcrtIn cases. AS
the votes are read 10 the joint SEES
sion. the statutes give The right 10
any member Of either house to object
tn COLLECTIONS 10 be considered in sep
ara1e session. Where only one return
has been made from State. Congress
cannot oy"rturn the certified result
except the two houses concurr'h'Iy
may reject any vote where ii appears
not TO have been given b ythe properly
chosen electors. Where more thah
one certificate for a State has ncen
sent. the vote Of those electors "hohl
the two houses shall COncurrenty de-
eide have hcen supported in a conteSt
by the proper State authorities: shall
be received and accredited. Where
there has been no determination or q
contest hv State authorities, and there
is more than one certificate returned
the choice as TO those properly seleCt'
ed is with the Two houses. II the TWO
houses disagree, the certificate, signed
by the executive of a State concerned'
shall be binding and the votes 30 GER
titled counted.