The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-03-01
West Virginia Legislature.
MONDAY. February %, 1870.
ARNATE

Resolution No. 4, extending the powers
of the Joint Special committee to in
yestigate alleged determinations on
freight and passengers by the Baltimore
and Ohio Railroad, permitting said
committee to sit after the adjournment
OF the Legislature, aud to employ q
clerk, asd asked the concurrence of the
Senate.
BILLS, RESOLUTIONS, PETITIONS, &C.
By Mr.. YOUNG-Senate Joint Reso-
luton No. "a, to provide for taking the
sense of the voters of this State on the
question of female suffrage. 1t pro
vides that the question of female suf
fIage shall be submitted to the people
at the next election.
Under a Suspension of the rules the
resolution was read second time. The
question being "Shall the resolution
passi"
Those voting in the affirmative were
Messrs. Gather of Taylor, Gather of Gill
mer, Cook, Crane. Davis, Dayton, Doo-
little, Gold, Harman, Humphreys,
Koonce, Leonard, Phelps, Ramsdsll,
Werninger, Young, Mr.. President FarRs-
worth-ll.
Those voting in the negative were
Messrs. Boreman, Brown, Patrick, Will
son-4.
By Mr.. DOOLITTLE-Senate Bill No.
III, to amend section of chapter 62 oil
the Code, in relation to catching fish.
BY Mr.. RAMSDELL-That the Ser
geant.st-Arms and Assirtant Clerk re-
ceive mileage for this session the same
as members. Passed.
By Mr.. CRANE-Directing the Ser
geant alarms to issue warrant on
the Treasurer in favor of Alpheus Jen-
kins, Janitor, at the rate of 50 per day
during the session, as provided by law.
Under the head of Unfinished Busi.
ness, the consideration of Senate Joint
Resolution No. %, ia relation to the trial
of Judge Nat Harrison, came up.
The CHAIR submitted the following
communication from Judge Harrison
To the Honorable Senate Of Vest Tirginia {:
have been informed that Joint
Resolution passed the House of Dele
gates, on Saturday, providing for the
House and two from the Senate, to act
as managers and prosecutors on my
trial; and also by limiting the discus
sion on both sides, upon any legal ques-
tions which may arise, to but five min
utCs for each counsel. | respectfully
protest against the passage ofthis reso.
luton for two reasons:
1st. Because no Senator or member
who is to sit in Judgment on my case
ought to act as prosecutors on the trial.
The functions both of Judge and prose-
cutor are not only incompatible but
without precedent. If this were an
impeachment before the Senate, upon
charges preferred by the House, the
House which made the presentment,
but which could not try it, might ap-
point its own members as managers and
accusers to conduct the prosecution.
This was done upon the impeachment
of President Johnson, and is the prac
tice both in England and in this coun-
try. But in this case, both the Senate
and the House are my jurors as well as
judge, aud deny the right of either to
assume the antagonistic position OF
prosecutor.
2nd. Grave questions both of law and
fact will arise upon my trial. The
Constitution of West Virginia guaran.
tees to me the right of being heard by
counsel; and the Legislature, on the
very resolution which directed the
trial has expressly confirmed that ight.
To limit me now 10 argument to only
five minutes would be not only to repeal
your resolution in vital point TO the
defense, but it would virtually deprive
me of my constitutional right to he
heard by counsel. l respectfully
appeal to the Senate 10 protect
me against the mockery of suca
such trial, and to arrest the final pas
sage of resolution, which do not be-
lieve would have passed the House but
for miscOnception as to the full
force and effect of IT. | ask nothing but
a fair and impartial trial. and l doubt
not that both branches Of the Legisla-
ture will accord it to me. But rather
than this resolution should be adopted,
would prefer that both Houses should
at once remove me from my office with
ont the privilege either of evidence or
of counsel. Very Respectfully,
n. HARRISON
WHEELING, Feb. 2Sth, 1870.
The resolution was discussed by
Messrs. FOREMAN, PHELPS, DAYTON
and FARNSWORTH, the latter exhibit
ing considerable bitterness.
On motion of Mr.. KOONCE the con.
sideration of the resolution was made
the special order of the day for half
past two o'clock.
By Mr.. FARNSWORTH, (Mr. Gather,
of Taylor, in the chair,) protest from
J. F. Caldwell, as Mayor of Lewisburg,
against petition of Alex. F. Mathews
A crazy man would be ashamed of such
a petitfen. Laid on the table.
Sesate Joint Resolution, No. "a, al
lowing the Governor to employ counsel
in certain cases.
Mr.. FLICK appeared at the bar of the
Senate and announced that the House
of Delegates had passed House Joint
Resolution No. %, to instruct the At
torney General to institute proceedings
in the nature of quo WGrrGRto against
the corporation known as the Moorefeld
and South Branch Turnpike Company
because oftheir failure to put and keep
their road iu order, and asked the con-
currence Of the Senate.
Pending the consideration of Senate
Joint Resolution No. "a, the Senate took
recess until half.past two o'clock.
AFTERNOON SESSION.
The special order of the day being
the consideration of Senate Joint Reso-
luton No. %, appointing managers on
the part of the Senate and House of
Delegates for the trial of Judge Nat
Harrison,
Mr.. FOREMAN offered q substitute
for the first section, permitting the par
ties who preferred the charges against
Nathaniel Harrison, to appear upon the
trial by counsel or in person for the
prosecution of the charges presented
lie also offered substitute for the Sec
ond section, providing that such per.
sons or their counsel shall be permitted
to introduce and examine the testimony
and in all respects to conduct said trial
against said Harrison. Both snbsti-
tntes were adopted.
Mr.. FOREMAN moved to strike out
the section forbiddiug persons to speak
,,ora than fya minntes on any pOi Mt