The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-11-11
CONTESTS
MUST Be DECIDED BY
INDIVIDUAL STAT Is
And This Fact is Giving Federal
Government Officials Con-
siderable Concern.


--
WASHINGTON. Nov. 1--- Govern
ment officials here are deeply inter-
tested in. and not a little concerned
over announcements from Democrats
tic and Republican campaign leaders
that contests might be expected. with
4 possibility of legal proceedings,
over the vote for presidential electors
IN several ofHthe close states.
Examination OF the decisions Of
I the supreme court and OF the revised
statutes, disclosed that electors are
plainly regarded as state officers. The
highest court has held in two lead
Ing cases that questions Of their
proper or improper choice are for
state election officers or state courts
to determine and that the federal
government is not lawfully concern
ed 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 to be designated BY the
state legislatures. In the ordinary
course of proceedings where the right
Of the electors to Sit is uncontested
their votes would be counted in the
House of Representative here on the
second Wednesday in February and
this would be the legal end to the
election.
The statutes further provide that
where q state shall have laws made
tnrior to the election determining
methods BY which controversies Of
contests over electors shall be set
Itled. whether by judicial proceedings
or otherwise. these laws shall be
binding and shall govern in counting
the electoral vote" Officials here
We're under the impression that it
would be found that all the states
that may be involved in contests have
laws Of this character.
! Aside from the direction that the
electoral votes Of all tile states be
tcounted in the House on the second
Monday in February, there seems
Hnothing to indicate just how much
latitude a state might have in deter
mining contests. SO as to have its vote
Ecounted at the fixed time The stat
lutes provide that the votes OF the
states be forwarded to Washington
forthwith" after the electors meet
on the second Monday in January
land also say that whenever the GER
i.t;ficate Of any state as to its electors
has not been received in Washington
ION the fourth Monday in January. Il
special messenger shall he sent to. the
district judge in that state, in whose
hands one certificate must be lodged
and he is required .fortllwith'' to
forward his certificate to the capitol.
When Congress meets to receive
the votes. it is still possible for a.
majority to reverse the certified re-
suits from any state in certain cases
AS the votes are read to the Joint
session. the statutes give the right to-
any member OF either house TO OBJ
ject, the objections to be considered
in separate session. Where only one
return has been made from 4 state.
Congress cannot overturn the certi-
fed result, except the two houses con-
currently may reject any vote where
I.it appears not have been given by
1.-The proper chosen electors. Where
more than one certificate for a state
has been sent. the vote Of those elect
I.ors who the houses shall concurrent
lslv decide have been supported in a
contest by the proper state author
lities, shall be received and accredit-
led Where there has been no deter
limitation Of contest by state au-
lthorities and there IS more than one
icerttficatc returned the choice as TO
ithose properly selected is with the
1.-TWO houses If the two houses disa-
gree the certificate signed by the eS-
Eecutive OF q state concerned shall be
binding and the votes 50 certified
counted