The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1869-01-30


of the House, forbidding the employ
ment OF counsel in contested electier
cases.
This resolution was understood II
refer specially to the case of Mr.. Harri
son, whose seat is contested and whC
has employed counsel. After lengthy
discussion the motion, together with
substitute offered by Mr.. H0WES, was
tabled.
BY Mr.. McCLASKEY: Directing the
Judiciary committee to inquire into the
expediency of amending the license law
80 as to require travelling peddlers from
other States to pay license tax.
BY MIR. MARTIN Directing the Ju'
dietary committee to inquire into the
expediency of changing the time OF
holding Circuit Court in Kanawha
county, from June Goth to July Goth.
By Mr.. FRENCH: Directing she
committee on Education to inquired into
the expediency of allowing the school
officers of Mercer, Wyoming, Raleigh
and Mcdowell counties TO employ
teachers without requiring them to take
the test oath. Adopted. Yeas "a, nays IL.
Mr.. SCOFIELD presented the petition
Of James Hutchinson and others, asking
that he be allowed to practice law with
out taking the test oath. Referred to
the Judiciary committee.
Mr.. SMITH, of Kanawhs, presente d
the petition of citizens of Kanawha
county, asking authority to change GER
tain township lines. Referred to conf
mittee on Counties, Townships and Mu-
nicipal interpretations.
By Mr.. HARRISON, of Lewis: Direct
ing the committee on Claims and
Grievances to inquire into the expedi-
ency of reporting bill for the relief of
the administrator and securities of John
Morrow, deceased.
By Mr.. CARPENTER, of Greenhrier
Petition of citizens of Greenbrier coup-
asking that Colonel Henry be allowed
to teach school without taking the test
oath.
By. Mr.. HEERMANS: Directing the
committee on Humane and Criminal In
stitutions to inquire into the expedien-
oy of providing for the election of Su-
periutendent OF the Penitentiary at the
present session.
PASSED.
House Bill, authorizing the Governor
to fill all vacancies occurring in the Ju-
dicial Circuits by the appointment of
Judges to sit until the next general Ju-
dicial election. Yeas AZ, nays 10.
REFERRED.
House Bill, to prevent the working of
manufactures on the Sabbath, and
the House Bill for the relief of Milton
Norris and Benjamin Lynn, were re-
ferred to the Judiciary committee.
FIRST READING.
House Bills Nos. 16, II, 16, 10, 20, 81,
%, %, "a, %, &c and q were read the
first time.
The House took recess until 2 P. NJ.
AFTERNOON SESSION.
The special order, the contested eec.
tion case of Jefferson county, was taken
up.
The majority and minority reports of
the committee on Elections were read.
The majority report declares Messrs.
Smith and Miller, contestants, entitled
to the seats as delegates from Jefferson.
/ The minority report awards them to Mil
Ter, contestant, and Harrison, sitting
. member.
Mr.. WILSON thought single glance
at the report of the committee would
convince every member of its incorrect
ness. He wanted legal justice done to
the county of Jefferson. He claimed
that il was for the other side to make q
case. aud not for hin to do so. They
came with one poll-book only from each
poll, with one list, &c, which is not in
accordance with sections 20, - and 30
of the Acts of 1868, Chapter l3O. If the
certificates of election, &c, were produc-
ed in duplicates, he would have shown
that they did not agree.
| The committee assume that because
the clerks of election in the townships
where he has majority did not write
the full vote in the poll books in let
ters, the vote is invalid. He produced
evidence showing Irregularities in the
books and tho counting of the votes in
such townships where they have ma
jorities. He criticized the action of the
Registrar in Jefferson, 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 rs 4 substitute i'll the rebel
army, and pronounced him disloyal
man during the war, and consequently
not entitled to his seat.
Mr.. FLICK desired to have the cases of
Jefferson separated, and offered asubsti-
tute for the majority report to that eff
feet,
Mr.. WILSON objected, on the ground
that any informalites in the report
arose by the committee, and not in the
House.
Mr.. PINNELL thought it just to de-
eide the cases together. If Mr.. Smith
is disqualified or not entitled to the seat
it makes the seat vacant, and requires a
new election.
The substitute adopted by the ayes and
noes is as follows:
ReSolred, 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 determine whom the illegal votes
were cast for. He considered it impossi-
BILE for them to determine, and if the
officers of the elections fail to do their
duty they are liable to punishment, but
such action should not deprive an elect
ed officer of his place.
Mr.. SMITH, of Kanawha, moved to
change the resolution as follows:
RcSOlred, That Jacob J. Miller is duly
elected member of this body, and T..
Willis Wilson is not so elected.
Mr.. Wisner, counsel for Mr.. J. j.
Miller, argued that it was not required
to produce the poll-books, &c, in du-
plicates, believing that in Court one
witness is sufficient, and it is for the
other party to produce the other books.
He thought that the officers of election
had a certain duty TO perform, and they
had failed to comply with the law, con-
sequently the vote of certain townships
were thrown ont. The Board of Regis
tratiOn, he said, were not authorized to
personally notify every citizen, conse-
quently that body cannot accept the
votes of disqualified voters.
On motion of Mr.. MAHON. the House
took recess until o'clock.
/ EVENING SESSION.
The House concluded its investigation
of the contested election cases from