Evening star., 1924-09-15
THE ELECTORAL COLLEGE
BY FREDERIC ]. HASKIN.
No. Ii.

All Of the minute details for the
election of President of the United
States by the electoral college were
not worked out at one sitting. In
fact, the statute regulating the cast
ing of the votes, the method of max
ing returns and the system of count
ing dates only from February 8, 1897.
The necessity for this law became
painfully apparent in 1877 when both
Rutherford B. Hayes and Samuel J.
Tilden claimed the election, an issue
finally decided by the extra constitu-
tional electoral commission by
strict party vote of eight to seven in
favor OF Hayes. Following this man
date the two houses Of Congress
counted 1S5 votes for Hayes and 1S4
for Tilden. AS the Senate was Re
publican and the House Democratic,
no joint assembly could have agreed
on the count.
When the two houses meet, accord
ing to the present law, the votes of
the States are read in alphabetical
order. In earlier times the roll of the
States was called geographically, New
Hampshire being first. Two tellers
already have been appointed by the
Senate and two by the House. The
President Of the Senate opens the
return from each State and reads it.
W men IL mas DeeH SO Iedu II 10 OPSA ~
objection in writing signed by at
least one Senator and one Represent
ative. If such objection is made, no
debate is in order, but the Senate re-
tires to its own chamber. In each
house two hours are permitted for
debate. each member being limited to
five minutes.
If the two houses agree in their
determination respecting the disputed
ind
stand and the votes be counted ac-
cordingly. But if they disagree. then
the votes given by that set of cleo
tors certified to by the governor OF the
State are to be counted.
AS a matter of fact, such disputes
have arisen and have yet to be set
tied. In 1857, the electors in Wiscon-
sin were prevented from meeting on
the appointed day by terrific snow
storm They met the next day. When
the time came to count the votes
the Wisconsin men had voted for
Fremont and Decentralization was
made. There was a wrangle and the
Senate withdrew, debated the ques-
ton two whole days. and never did
go back to the joint session. But
James Buchanan was sworn in be-
cause the Wisconsin vote, whether
it was counted or not, did not affect
the result.
In 1881 the electors in Georgia
made a mistake and met on the
wrong day. The Georgia vote, cast
for Hancock and English, made no
difference in the result The total
was announced as being so many for
Hancock, If Georgia vote be counted,
and so many if the Georgia vote be
excluded, the making of precedent
thus being avoided.
Arkansas Had No Seal.
In 1873 the electoral vote of Ar
kansas was rejected by Congress be-
cause the returned certificate bore
the seal of the secretary of state
instead of the great seal. the state
not having secured one up to that
time.
There is a great deai of law on the
subject OF the electors and their
| votes, but there is not one word IN
any law to bind the action of an
elector in casting his ballot. He may
vote for whomsoever he pleases. The
risk is his. In 1920. when it was
apparent that his action would not
affect the result, one Monroe elector
changed his vote for John quincy
Adams, SO that George Washington
| might go down in history as being
the only President elected by unani-
nous vote.
The people are permitted to vote
for electors only by the grace of the
State Legislatures. If, prior to the
| last election, Gov. Smith had seen fit
to call an extra session of the New
York Legislature. and If that Les
islature had enacted a law providing
| that New York's electors be appoint
ed by the surrogate Of Schoharie
County, that law would have been
binding, and the people of the most
populous State in the Union would
have hadkeo voice in the election Of
lPresideu6 IardinG.