Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-11-10
CONTESTS ARE UP
TO STATE COURTS
Tribunals That Must Pass on
Question of Choice of
Electors.
WASHINGTON is INTERESTED
Federal Government Is Not Con-
cerned, Even When Fraud
Be Shown.
WASHINGTON is INTERESTED
ne Assoctated Pr..u.I

"HSfiINi1ON. November a.-C;Oy-
ernment officials here were deeply in
terested IN. and not q little concerned
over to-day's announcements from
Democratic and Republican campaign
leaders that contests might he OK
pected. with "A possibility of legal PRO-
ccedinKs. over the votes for prcsidcn-
tial electors in several close States
Examination OF the decisions Of the
supreme Court and of the Revised STATE
utes disclosed that electors plainly are
regarded rs state officers. The highest
court has held in two leading cases
that questions of their proper or i'm
proper choice arc for state election
officers of state courts 10 determine
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.
"a, places to he designated by the State
legislatures.
In the ordinary course OF proceed
ings. where the right Of the electors is
uhcontes'ed, their votes would be
counted in the House OF Rcpresenta
tires here on the second "Wednesday
IN February. and this would be- the
leEa! end 10 the election
The statutes further provide ,b,t
where - State shall have laws made
prior 10 the election determining
methods by which controversies or con.
tests over elections shall be settled
whether by judicial proceedings or
otherwise, these laws shall he bind
St.l
electoral vote"
oiEcials here were under tile ilnprov
sion that IT would be found that all
the States that may be involved in
contests have laws Of this character.
DOUBT REGARDING
POWERS or STATES
Aside from the decision that the .iec-
toral votes OF ALI the States be- counted
IN the House OF the second Wednesday,
in February there seems 10 be uothiuo
to Indicate just how much latitude
state might have in determining CON
tests so as TO have it's vote counted
At the fixed time.
hen congress meets to receive the
votes II is still possible for tn. ma
joriiE TO reverse the certified return
ANY state. AS the votes are read IN
the joint session. the statutes riy,. N.
right 70 any member OF either house
20 object. the objections to be con-
stdered in separate session When ONLY
one return has been made from n
state. congress cannot ovcr;urn tb.
certified result, except the two hous.s
concurrently may reject any vote whcr.
IL appears not 10 have been given hv
'he properly chosen electors Where
more than one certificate for STATE
has been sent, the vote of those electors
VINO. the TWO houses shall concur
rently decide. have been been sun.
ported in contest by the proper stare
authorities shall he received and ac-
credited
Where there has been no determine.
ton OF contest by State authorities
and there Is more than one certifc,t.
returned. the choice as TO those nron
erly selected is with the two houses
II the two houses disagree the certiti
cate signed by the executive OF Stare
concerned shall be binding, and tho
votes so certified counted The Con
stitution provides that where an cleo
ton is thrown into the House. So.
lection must be made by March fol-
lowing the election. but this appar-
emily is intended only to cover cases
where there is a tie, and whether il
applies to those where there is a dis
pute over electors from a state or
States is not clear
NIGHT HOLD CANVASS
OPEN TO MARCH &
should contests and recounts over
tuesdays election before State can.
Hassing boards. or in State courts. con.
sumo such time that the Governors
would be unable to certify the final
result by the time Congress meets I'm
February. il was believed by legal cx-
perts that the final Canvass could he
heid open until March !. and that a
selection VIII be made by that time.
upon the question OF State jurisdic-
Ton over choice of electors, several
cases have been before the Suprcmc
court. but apparently none directly on
the question of jurisdiction over n re-
count OF such electoral votes I'm lSo0
IN virginia case, upon prosecution
ior fraudulent voting for electors Jus-
tice Gray said the only powers Of the
federal government with regard Ia the
appointment or the votes of prcsidcn-
tial electors ARE those which authorize
Congress TO determine the time and
the day on which they shall give their
votes. ana which direct that ccrtiG-
Gates OF their votes shall bc opened
10y the President and Senate in the
presence OF both houses. and the votes
counted"
Although electors are appointed un-
dcr the Constitution. they are no more
officers or agents OF the United States
than are members of rhe state lcris-