Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1916-11-10
Electoral Vote Contests
From the New York Tribune.)

There is bound to be a good deal
of talk in the next few days about
electo recounts in the close States
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 1S4 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
a postmaster at 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
wardng them to Washington.
Since partisan ship at that time
was rancorous, the Republican SEN
ate and Democratic House OF Rep
resentatives could not agree on the
method to be followed in counting the
electoral votes. The Constitution
was not clear on that point
and the machinery provided by
statute was inadequate. In order to
avoid a deadlock and a posa bic re
sort to force, Congress therefore
passed along to an electoral commits
sion of fifteen members-ive Sen
ators. five Representatives and five
Supreme Court Justices-the task of
deciding which OF the contrasting GER
tificates ought to be accepted and
counted.
So far as Oregon was concerned
law and equity were all on the side
Of hOnoring the cert fcate which rep
resented the clearly expressed Will OF
the voters. In Florida, Louisiana and
South Carolina, however the whole
question OF the status of the two rival
State Organizations-one carpet-bag
and negro. the other revolutionary
and white-was involved. The COM
mission finally held that il could not
90 behind the surface regularity OF
the various certificates offered and
naturally 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-
edly. many Southern statesmen of
that period were entirely willing to
barter Mr. Tldens claim to the
Presidency in rekurn 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
tiflcates 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 if any state
shall have provided by law. before
the selection of electors. for the final
determination Of contests regarding
their appointment. the staSe's de-
cision shall be final unless the regu-
larity or the states action is ques-
toned by both houses Of Congress.
II two Or more returns are rece'v-
ed. these rules govern:
I. II the state shall have deter
mined that the votes forwarded in
one Of the returns were given regl-
larly. those votes shall be counted.
.. IF two authorities. each claim
ing regularity. shall both have de
term'ned that the different sets Of
votes were regularly cast. then Con