Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1869-02-04
The Old Family Journal.
WEST vTRGINIA LEGISLATURE.

WEST VIRGINIA LEG1SLAIOH'1 1'
In the Senate Of West Virginia, on Friday
Mr. Hoks. from the Judiciary committee u
ported bill requiring applicants Tor Incense 10
retail spirituous liquors to give twenty o'9'
uo,ics before making their application
Mr.. Chapline introduced bill allowing Miss
E,lsn Briseoe 10 teach school without taking
~, ,es, oath. Read twice aud laid on the Ia
be.
In the House Of Delegates afternoon session.
tbs special order, the contested election case OF
Jefferson county, was taken up.
The majority and minority reports Of the
committee on Elections were read. The ma
trity report declares Messrs. Smith and Miller,
contestants, entitled to the seats as delegates
rom jefferson. The minority report awards
them TO Miller. contestant, and Harrison, sit
sing member.
Mr.. Wilson thought single glance at the
7eport Of the committee would convince every
member Of It's iucoyrectness. He wanted legal
su,,ice done to the county Of Jefferson. He
claimed that It was for the other side to make
a case. and not fJr him to DO IT, They came
with one poE-book Only from each poll with
one list, &c, which is not in accordance with
sections %. 2S and so Of the Acts Of 1868,
Chapter $50. Ifthe certificates detection &c
we're produced in duplicates, he would nave
shown that they did not agree.
The committee assumed that because the
clerks of election in the townships where he
has majority did not write the full vote in
the poll books in letters, the vote is invalid
He produced evidence showing irregularities in
the books and the counting Of the votes in such
townships where they have najorities. He
criticized the action Of the Registrar in JeiIer-
son. claiming that he did not act in accordance
with the law, and showing the contract which
Mr.. Smith made with Mr.. Osborne, one Of the
contestants, selling to the latter his own son as
= substitute in the rebel army, and pronounced
him a disloyal man during the war, aud couse-
queutly not entitled to his seat.
Mr.. Flick desired to have the cases Of JefIer-
son separated, aud offered a substitute for the
majority repor; to that effect.
Dir. Wilson objected, on the ground that any
informalitics in the report arose by the COM
mittee, and not in the House
Mr. Piunel thought it Just TO decide the
cases together. II Mr.. Smith is disqualified
or not entitled to the seat it makes the seat va
cant, and requires a new election.
The substitute adopted by the ayes and noes
Is as follows:
Eesolrea. That Mr. Miller is entitled to a
seat in the House as delegate from Jefferson
county.
Mr.. Jacobs. Of Hampshire, wished to know
how the committee or anybody else can de-
termiue whom the Illegal votes were cast for.
lie considered it impossible for them to deter
mine. and if the officers OF the elections fail to
10 their duty they are liable to punishment,
but sucb action should not deprive an elected
officer Of his place.
Mr. Smith, Of Kanawha moved % change
the RESI- luton as follows:
Resolrsf. That Jacob T. Miller IS du'y cleo
ted = ucmbcr oi ,hi. body, and T. Willis Viii
s3n is not 50 elected.
Nr. Wisuer. counsel for Mr. J. J. Miller.
argued that It was not required TO produce the
pou-books, &c. in duplicates. believing that
IN Court one witness is sufficient, and it is Tor
the other party 20 produce the other books
lie thought that the officers OF election had a
certain duty 90 perform, and they had failed
% comply with the law, consequently the vote
q certain townships were thrown out. The
Board Of Registration, he said, were not au-
5horizcd TO personally notify every citizen, CON
s.queutly that body cannot accept the votes Of
disqualified voters
Onmotion Of Mr.. Mabon, the House took a
recess until o'clock.
EsESING SESSION.
The House concluded its investigation Of the
contested election cases from jefferson county
The seat II F. Willis Wilson was awarded to
Jacob Miller. by vote Of 20 ,os. The House
refused 20 give tie scat Of Harrison to the con-
tos;su.. John :. Smith, By yo;e Of % yeas
60 8 nays