New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-11-09
Electoral Vote Contests

and schemes for contesting the re-
suits declared in those states. That
situation naturally recalls what hap
pened in 1877, when there was a dis
pute over the electoral votes cast by
Florida, Louisiana, South Carolina
and Oregon, and an extra-legal cleo
toral commission had TO be created TO
pass on the contested returns.
In the election of 1876 Samuel j.
Tilden received 1874 electoral votes.
rutherford B. Hayes received 165,
and 20 votes from the four above
named states were claimed for each
candidate.
Exactly the same question arose in
Florida, Louisiana and South Caro-
lima. There were dual governments
in each of those states and contest
ing certificates were sent to Wash
ington by rival returning boards. In
Oregon three Republican electors
were chosen. One Of them had been
q postmaster ut the time Of his cleo
ton, but had resigned. He resigned
as an elector. The other two Repub-
lican electors filled his place and the
Secretary Of State forwarded their
votes, given for Hayes. The Gov
ernor Of Oregon, who was a Demo
crat, gave the Democratic candidate
for elector who had had the highest
vote the certificate Of the successful
but disqualified Republican candi-
date. The single Democratic elector
thus created named two other cleo
tors and they cast Oregon's three
votes for Tilden, the Governor for
warding them to Washington.
Since partisanship at that time
was rancorous, the Republican Sen
ate and Democratic House Of Rep
resentaHves could not agree on
the method to be followed in count
ing the electoral votes. The Consti-
tuition was not clear on that point
and the machinery provided by
statute was inadequate. In order to
avoid a deadlock and a possible re-
sort to force Congress therefore
passed along to an electoral COM
mission of fifteen members-fve
Senator's, FIVE Representatives and
five Supreme Court justices-the
task of deciding which of the con-
testing certificates ought to be ac-
cepted and counted.
So far az Oregon was concerned
law and equity were all on the side
of honoring the certificate which
represented the clearly expressed
will of the voters. In Florida,
Louisiana and South Carolina, how
ever, the whole question of the
status Of the two rival state organi-
zations-one carpet-bag and negro,
the other revolutionary and white
was involved. The commission
finally held that it could not go be-
hind the surface regularity Of the
various certificates offered and nat
urally accepted in each case that of
the recognized and expiring carpet
bag government. Having performed
that last service, those carpet-bag
governments faded away. Undoubt-
eddy, many Southern statesmen of
that period were entirely willing to
barter Mr.. Tilden's claim to the
Presidency in return for the restora
ton Of white supremacy in Florida,
Louisiana and South Carolina.
The Electoral Commission estab-
lished the precedent that Congress
should not seek to go behind GER
tifcates regularly submitted by rec
ognized state governments. That
principle is also embodied in the
Edmunds law of 1887, which defined
and enlarged the power of Congress
to deal with Electoral College re-
turns.
This act directs that IL any state
shall have provided by law, before
the selection of electors, for the final
determination of contests regarding
their appointment, the states de-
cision shall be final, unless the regu-
larity of the states action is ques-
toned by both houses of Congress.
If two or more returns are re-
ceived, these rules govern:
/. If the state shall have deter
mined that the votes forwarded in
one Of the returns were given regu-
larly, those votes shall be counted.
2. II two authorities, each claim
ing regularity, shall both have de-
termined that the different sets Of
votes were regularly cast, then Con-
gress must decide which set shall be
accepted.
8. II the state shall have made no
determination, then Congress shall
be free TO determine. But II the
houses cannot agree, the votes Of