The tribunal had the right to reject votes, or
count votes, according as they found the votes to be lawful
or unlawful. They had the right to reject returns from election
precincts where they found there could have been no lawful
or orderly election by reason of violence, or where they found
the returns untrustworthy by reason of fraud. This power
they exercised, and from it there was no appeal.
On the other hand the laws of Oregon did not provide for
a board of State canvassers, but provided that the Secretary
of State should canvass the votes in the presence of the
Governor, and prepare duplicate lists thereof, which lists
should be singed by the Governor and Secretary. These lists,
certified by the Secretary, were before the Electoral Commission,
and disclosed the choice of Republican electors. The Governor,
however, undertook to declare his opinion of the result. That
opinion was that a Democrat was chosen who had received less
than a majority of the votes, or to use the phrase of the
Governor, "received the highest number of votes cast for persons
eligible," because his Republican competitor was not eligible;
and he, therefore, certified that the Democrat had the largest
number of votes cast for persons eligible.
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