Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-11-10
WORRIED BY PROSPECT
Continued from Page One)

prior to the election determining meth
DDS by which controversies or contests
over electors shall be settled, whether
by judicial proceedings or otherwise
these laws shall be binding and shall
govern in counting the electoral vote"
Officials here were under the i'm
preston that it would be found that all
the states that may be involved in con-
tests have laws of this character.
Aside from the direction that the
electoral votes of all the states be
/ counted in the House on the second
Monday in January there seems to be
nothing to indicate just how much lat
itude a state might have In determin-
| ing contests so as to have its - vote
counted at the fixed time. The Stat,
utes provide that the votes Of thu
states to be forwarded to Washington
forthwith" after the electors meet on
| on the second Monday in january and
also say that whenever the cerf31cSte
of any state as to it's electors has bofi
been received in Washington Ons1hc3
: fourth Monday in Januaryka NJ
messenger shall be sent to tie disfrfcS.
judge in that state in WHOSE kaul1e y
certificate must be lodged and :
instructed forthwith to. foewas
certificate to the capital 81
Procedure in Congress 4 ~
When Congress meets to receive Ky
votes it is still possible for maiof41
reverse the certified result from any 2fftSs
In certain cases. AS the votes are read "a
the joint session, the statutes give the
right to any member Of either house TO
object, the objections to be considered In
separate sessions. Where only one return
has been made from a state. Congress
cannot overturn the certified result excep,
the two houses concurrently may reject
any vote where 1t appears not to have
been given by the properly chosen cleo
tors. Where more than one certificate for
state has been sent the vote of those
electors which the two houses shall con-
currently decide have been supported in
contest by the proper state authorities,
shall be received and accredited.
Where there has been no determination
OF a contest by state authorities and
there Is more than one certificate return
ed. the choice as to those properly Sc
lected is with the two houses. II the
two houses disagree the certificate signe
by the executive Of a state concerned
shall be binding and the votes to certified
counted
The constitution provides that where
an election is thrown into the House a
selection must be made by the returns
from the election but this apparently
is intended only to cover cases where
there Is a tie and whether 1t applies
TO- those where there is a dispute over
electors from state or states is not
clear.
Should contests and recounts over
Tuesdays elections before state can
vassing boards or in state courts, con-
sumo such time that the governors
would be unable to certify the final re-
suit by the time congress meets In Feb
ruary it was believed by legal experts
here that the final canvass could be
held opon until March 4 and that q Sc
lection would be MALI by that time.
Upon the question Of state jurisdic-
ton over choice of electors. several
cases have been before the supreme
court. but apparently none directly on
the question Of Jurisdiction oyer a re.
count OF such electoral votes.