Wheeling compiler. [volume] (Wheeling, Va. [i.e. W. Va.]) 1829-1831, 1830-03-24

.uo recorder, or he be unable 10 attend, Ue
Senior Alderman capable of attending
.ehcN attend end conduct such election &C
'cording to Ea'0."
The next Senior Magistrate TO the
Sheriff in a county is the eldest Justice oil
the Peace, and the next Senior Magistrate
70 the Mayor in corporation, is the re-
corder, or where there Is no recorder, tue
senior Alderman.
According to the doctrine Of my collea'
one. there was no necessity in 1919 to
make the above addition to the 10th
section. According to him, the words "or
Mayor" could have been supplied by IN
terpretation, and that supplied, the terms
"senior Magistrate" would apply to coun-
ty aud city. 49,,
A stronger reason would have existed
for this liberal construction in this case
than in that provided for in the 10Th sec
ton, As to that, have said already, that
the Legislature had nowhere intimated
wish that an election in city or town cor
oorate should be adjourned; but that one
should be holden was their main object.
To this purpose their whole Legislation
was directed; and the death of Mayor
vas lust as possible as the denth OF
SHERIFF. Either would prevent an election.
and th-7s defeat the main design; the re
visers. and the whole Assembly of 1873.
were of opinion thatthe words ''or Mayor. p"
could no, be supplied by INTERPRETATION
and construction, even 10 s1Ye the eiecuon
itself much less the adjournment OF one;
and therefore they added to the sixteenth
section an express provision to provide for
what they viewed as an OmlssIon-a casU>
omissus. The revisers of 1919, and the
| whole General Assembly, Of that year
we're either right or wrong in their 90
tsrprelation of the sixteenth section as they
FUND it. If they were right, the sitting
member is entitled to his seat; but If they
we're wrong, my honorable colleague Is
wiser than the revisers, and the whole AS
,emby Of 1919, put together.
With the construction put by The re
Wilson's, and also by the General Assembly,
On the sixteenth section, that the words
sor Mayor could not be added by lm'h-
lcation to the word "Sherff" to 2re.cut
IAN election from bang last by the death or
Inability Of the Mayor, no one can Ini1gne
that they supposed the same words "or
, Mayor" could be added to the word.
"SlerifT or Under Sheriff " in the fifteenth
} section. merely 20 authorize the c01tinn-
aylo of an election. We may rest per-
facly assured. that had the revisers and
e. Assembly of 1919 found our cities so vast
ly Increased in population, as to require
thecontuuauce ofthe polls at their cleo
.iois they would have supplied the neces-
p sarv words and we could have found them
Ms we fad all their additions to the general
sws of the land, printed between inverted
, commas.
If more proofof the truth ofour interpre-
hdon were waiting. the 18th Dist, I'D
furnish it,
The l1th section, as 1t stood before the
, revJ~ioo IF 1919. enacted a penalty on
\ Mig strates" refusing to perform their
id'tjos under the 18th section. Here again
the revisers, not supuosiug the Recorder
or Alderman" could be embraced by inter
prctati0a, inserted those words so as TO
embrace them expressly, which they also
did in the provisions for certifying the cleo
tons, beginning with the Dist and 22d
sections; aud all that follows, in the gener-
al election lew, Is subject 10 the same re-
ma k.
Mr.. Speaker, having understood from
every quarter that the sitting member is
entitled to his seat, unless the Mayor had
power to adjourn the polls; and having
made up my mind against the petitioner on
that question, have not examined the tes-
! timony to see whether either ofthe contn-
gencies happened on which the Sheriff ola
county is authorized to continue an cleo
ton.