The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1869-02-02
W'heeliug gesister
Tuesday,. .....Fe February =
Contested Elections.

port of the cass from Logan county WI
be found in the House proceedings III
morning. Two cases from Jederso
county were decided on Friday ever
ING. The seat of Mr.. f. WILLIS WI
SON was contested by JACOB MILE
and dJ.F. SMITH, mainly on the groun
that the majority OF the sitting membel
was made up illegal votes, the names
the persons casting these votes not b.
ing on the registration lists. Mr. WI
SON showed that these voters had bee
regularly registered, that many OF thei
were honorably discharged Union so
diers, and that their names had bee
stricken from the lists without the nc
tice which the law requires, that the
were not legally disfranchised and wsr
therefore rightfully entitled to vote
Mr.. WILSON further contended that MI
SMITH, one of the contestants, could no
qualify because be had aided the rsbel
lion by furnishing his son to the rebe
army as a substitute for one r. L. Os
BoURN. In proof of this, Mr. Wilson
produced the following paper:
Memorandum Of agreement made and en-
tered into this 26th day Of September
1862, betWeeR I'm. I. OsbOurn and John
+. Smith:
The said VIM. +. Osbonrn hereby
binds himself 10 pay tu ,hr said John
F. Smith eight hundred dellars aud one
horse, saddle aud brid. worth two hum
dred dollars, ~ i payment III full for the
services of his son, James Smith, as a
substitute in the place of his son, K.
l.. Osbourn, in the Confederate army,
said James Smith TO serve until he Is Is
years of age, unless SCORER discharged.
TIL said James Smith Is also to receive
all the pay that accrucs from the Con
fedrrate States, in addition to thu
above
The above sum of eight hundred dol
lars is to be paid in Virginia money
wi.hrn ninety days from date, or beal
interest
Given under our hands and seals,
Teste: WM. T. OSBOURN, (Seal)
JOHN +. SMITH, (Seal)
JAMES S. SMITH. (SeaD
certify that the aforementioned
James :. Smith has been this day ac'
cepted as u substitute for three years
Tor the aforesaid Robert J.. Osbourn.
Capt. W. A. MORGAN,
lst Va. Cavalry.
Mr.. Smith did not receive the seat oi
Mr.. WILSOS Ir was awarded TO Mr..
MILLER, the other contestant, by the
following voc:
YEAs-Fleming, (Speakerj Ballard
Bower. Carpenter of Greenbrier, Car
pruter of Monroe, Carroll, Cha lton,
Core, Cunningham, Dis, Duffy, Ed
wards, Flick, Garrison, Gibson OF Poca-
homtas, Gibson of Preston, Gold, Hay
moud, Heermans, Howes, Keever, Kin
caid, MahOn Mann, Martin, McClaskey,
Pinuell, Powell. Putnam, Reynolds,
Rollins. Scotield, Smith of Kanawha,
Smith of Morgan; Snodgrass, Tabler,
Thomas Tyson, Williams and Wright
90.
NAYs-HarrisOn of Lewis, Hutton,
Jacob of Ohio, Jacob of Hampshire,
Lamb, Manion, Snider and Stltel-o.
Dir. SMITH having also contested the
seat of the other sitting member, Mr..
HARRISON, the House next considered
this case. The majority of the commit
tee on Elections and Privileges reported
against Mr.. HARRISON and had also re-
ported against Nj. WILSON. The mi
nority report, signed by Mr.. HERVEY,
gave Mr.. WILSON'S seat to Mr.. MILLER
but declared in favor of Mr. HARRISON,
the other sitting member. The major
ity report argued against Mr. HARRISON
Oh the ground that he bad received
illegal votes, and that the poll books of
several townships where he received ma
jolitics had not been properly signed by
the inspectors and clerks.
Sir STANTON. of this city, appeared
as counsel for Mr.. HARRISON. He showed
that after deducting from Mr.. HARRI-
SONS poll all the illegal or unregistered
votes cast, that gentleman would still
have . majority of two. He then took
the position that the absence of the
signatures of clerks and inspectors from
the poll books did not, as claimed, in
validate the election, because il was
The voice of the people WHICH governed
IA such a ciSe, not the errors of clerks
4 The only question to be determined
was, who received majority of the
legal votes' The decision must turn
upon that question and not upon tech.
nical quibG!es or clerical Irregularities.
The question being upon the adoption
of the majority report ousting Mr.. HAIR
RIsON, the House rejected that report
aud awarded the seat to Mr. HARRISON
by the following vote:
YEAs.-Messrs. Bewyer, Carpenter, al
Greenbrier, Carpenter, of Monroe, Car
roll, Cunningham, dis, Gibson, of Po
cahontas, Gold, HOwes, Keever, Kin
cai6, Mann, Miller, Pinnell, Reynolds
Rollins, ScOfeld, Smith, of Morgan
Snodgrass, Tabler, Thomas and VII
liams-22.
NAYS -Messrs. Fleming, Speaker
Ba allard, Charlton, Core, Duffy, EC
wards, Flick, Garrison, Gibson, of Pres
ton, Harrison, of Lewis, Raymond
Heermans, Hervey, Jacob, of OhiC
Jacob of Hampshire, Lamb, Mahor
Manion, Martin, McClaskey, Powell
Putnam, Smith, of KanawEa, Snidel
Sufel, Tyson, Vance and Wright-2S.
This last case has elected cOnsidera
be comment, because it is the first in
stance in which Democratic membe
from Jefferson has retained his sea
after a contest.
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