The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-02-09
West Virginia Legislature.
TUESDAY, February 3. 1870.
SENATE.


The reading of the journal was dis
pensed with.
A message was received from thu
House of Delegates announcing th'
passage of certain bills and communl
eating House Joint Resolution No. 10
the same as that introduced in the Sen
ate by Mr.. Ramsdell yesterday.
The question was on the passage o
the resolution.
Mr.. FOREMAN was opposed to the
resolution. 1t changes the entire mod,
of serving notices from that prescribed
by the Code. A telegraphic dispatch il
to be served in this case-an anomaly
in the history of legislation. l ask th'
Senators here TO day if they would vote
for the service of a summons by
telegraph in an action for debt fol
$50 or S100. l don'G believe they
would. And yet We propose Il
try a man on charges looking t
bis removal from Office on just such
summons. And then, every Senator
who votes on this resolution votes Il
extend this session. But my principa
objection is to the mode of service. Ii
is admitted that this is a change of the
mode of giving notice, by providing fol
such notice in the resolution.
Mr.. GATHER said he had but little tC
say. He had no disposition to hurry
this trial, but there are grave charges
against Judge Harrison, and the Senatt
has determined TO try him under them
We are told by the Senator from Tyler
{ Mr. Boreman) that all those Senator:
who vote for this resolution vote to ex
tend this session. l tell yon, sir, those
who vote against this resolution vote
not to try him. / am not one of those
/ am informed, sir, that special Officer
has already been sent with the charges
and specifications, and we only send
him word of the time at which .this
trial will be bad, as change of the time
of trial is rendered necessary by the de
lay of this body in passing the resolu'
ton bringing charges against Judge
Harrison. If Judge Harrison is inno
cent the world should know,i if guilty
he must be removed.
Mr.. PHELPS showed that the mode
of giving the summons to the officer who
has been appointed to serve is not pro-
vided for by law. There is nothing in
the statute that can be violated by Civ.
ing our agent our instructions by tele'
graph. When he receives the summon:
he must give the notice in accordance
with the law. But the question of the
sufficiency of the notice is not a ques.
tion now. That is not to be considered
at this stage of the proceedings.
Mr.. YOUNG moved to amend the res
olution so as to appoint Louis Ballard
sheriff of Monroe county to serve copy
of these resolutions He said that be
had had his motives assailed in this
matter. He was in favor of extending
the session all summer if necessary. II
he does not have trial it shall not be
his fault. But he wants him TO have a
fair trial.
Mr.. DAYTON was opposed to this
amendment. Judge Harrison remained
in this city until the time of the con.
summation of the preference of charges
against him; he is here now by the
presence of his counsel and by tho pres.
ence Of friends, aye, as / think, by the
presence of members of this Senate, who
know where he is and are in daily COM
with him. The worlds in
telligence is conveyed through the
bosom of the ocean by telegraph; the
military affairs of this great country are
conducted by telegraph, yet we are told
We must not serve notice on a man,
who runs away TO avoid it, by the same
mode. ask for Judge Harrison fair
trial. If he were my brother-which,
thank God, he is not-he should be tried,
though he fled never so much to avoid it.
He is fugitive from justice and enti.
tied to no more consideration than any
other fugitive. l warn Senators that
their action in this case has to meet the
calm, cold scrutiny of the world. | am
not here to prostitute my office of Sem
ator to screen any such man.
Mr.. FOREMAN did not know who the
Senator from Barbour (Mr. Dayton) al
luded to when he said he was not here
to prostitute his office of Senator to
screen Judge Harrison. If he means
me, It is beneath my notice. l claim to
be actuated by as pure motives as any
man in this body. l never heard of
Nat Harrison until these charges were
produced, and | want to proceed as if l
did not know him now.
Mr.. DAYTON did not mean to cast
any imputation on any Senator, but he
wished to be understood as saying that
if he should use his position to put off
this trial, he should consider it as a
prostitution of his office. If it were
otherwise considered by Senators he
would beg leave to withdraw the re-
mark.
Mr. DAVIS read from the Constitu.
tion in regard to the trial Of Judges
He held that it was competent for this
Legislature 10 prescribe any mode that
would not violate the Constitution. 1t
has been said that we could not 90 con-
trary to the Code. Who made the Codei
Did not the Legislature make itf So
long as the Constitution does not pre-.
scribe the mode of serving the notice.
we may change as we will. 1t says we
must give twenty days notice, This we
propose to do. AS has been said, the
charges are grave ones. l would not
like to rest under them. 1t is usual
and not an unusual csurse, to make ar
rests all over the world by telegraph.
Yes, we are told that we cannot direct
the service of notice on a Judge who
hides himself, in the same mode. The
House, composed of some of the first le-
gal minds of the State, with but four
votes passed these resolutions
Those Senators who are in the interest or
rather, who differ with me, it would
seem, are dodging to gain time, aud
time is to defeat the trial. / demand
the yeas and nays.
The yeas and nays being ordered,
those voting in the affirmative were
Messrs. Boreman, Humphreys, Koonce,
Leonard, Werninger, Young, and Mr..
President Farnsworth-S.
Those voting in the negative were
Messrs. Applegate, Brown, Gather of
Tay lor; Gather of Gilmer, Cook, Crane,
Davis, Dayton, Doolittle, Harmau, Pat.
rick, Phelps, Ramsdell, Wilson and
So the amendment was lost.
The question being on the passage of
the resolution, Mr.. WILSON demanded
the yeas and nays.
Mr.. RAMSDELL did not intend to