Proceedings of the Electoral Commission Appointed Under the Act of Congress Appr
Proceedings of the Electoral Commission Appointed Under the Act of Congress Appr
United States Electoral Commission 1877
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A sworn copy ought to have boon produced. Then as a scqultnr from that we would cite your honors to the case of Pendleton vs. The United States, 2 Brockenborough s Reports, page 75, in which the principle announced is that " the certificate must be in the form prescribed by law. " Then if the officer has not power to certify or if the certificate be not in the form prescribed by law, it is not evidence before any trib unal. Now is there a form prescribed by law that this certificate shall have ...; and if there is, will you in the face of clearly established law rule that this is any evidence for any purpose whatever, as against a certificate that fully, in all particulars, conforms to the law of the land ? What is the law of the land iu reference to that ? First, with reference to the law of Oregon, what does it require ? It says : The secretary of state shall prepare two lists of the names of the electors elected, and affix the seal of the State to the same. Such lists shall be signed by the gov ernor and secretary, and by the latter delivered to the college of electors at the hour of their meeting on such first Wednesday of December.
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