The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-07-26
WEDNESDAY, JULY 20, 1871.

WEDNESDAY, JULY 20, 1871.
Concerning the APPOrtionmeh'o u 'n'
legislature
The Register in its zeal to make war on
the Constitution has become quite reck'
less of truth. We do not attempt to fol-
low up the petty perversions with which
its columns are daily filled, but when II
throws oil the discretion of an ingenious
lalsilier and boldly detles the truth, we
sometimes feel constrained to ask the pub
lie attention To its misrepresentation.
The statement yesterday that If the LeXt
apportionment DO made under the pres
ent Constitution Brooke and Hancock
counties will become u delegate district
and lose one delegate, is of this
character, rs we shall show. The editor
seems to have been giving his attention
lately to u study of the provisions in the
Constitution relating To this matter OF re-
presentation IN the Legislature; but the
results as they appear in his columns show
that either his honesty or his understand
ing is ut fault, We leave him to indicate
which. Here arr some statements IRON
the Registers editorial columns OF Mon
day;
The question also arises in this COnnec.
iion. by what constitutional right has
Morgan county hal representative Of
her own in the Legislature during mum
her Of years past ysThe 18th section oi
Article ". Of the Constitution provides
that "lhe counties Of Morgan and Bcrke.
ley shall form the seventh delegate dis
trict and choose Two delegates; Of whom
for the first term, one shall be resident
Of Berkeley and tho other Of Morgan
county; and tor the second term, both
shall be residents Of Berkeley county;
and so ON in rotation" Instead Of com.
plying with this rule, the two counties re.
ierred to have had three delegates NJ ev'
cry session Of the Legislature since the
formation Of the State; Berkeley county
has had two and Morgan county one
every year.
Tie same section Of the Constitution
fixed the number Of members of the
IlOusc of Delegates ut fifty seven In case
the counties Of PendlGtOn, Hardy, lamp.
shire, Morgan, Frederick, Berkeley aud
Jefferson became parts of this State. All
OF the counties named, except Frederick,
ARE recognized rs belonging TO West Viz.
ginia, but notwithstanding the county Of
Frederick, with II population then and
now of nearly seventeen thousand, Is not
and never has been included IN the State
the number Of members Of the House Of
Delegates has been assumed to bc titly.
seven, Just as II would have been bad
Frederick county been represented.
But this Is not all. Notwithstanding
the number Of delegates Is fixed at fily.
seven, including Frederick county, the
House has actually consisted Of iiIty.cGht
members, not counting Frederick nj all,
Tor Morgan and Berkeley have together
had OnG member more than they were en-
titled to under the Constitution.
Then follow some reflections to the
effect that Constitution under which
such things can be Is quite intolcrablc and
cannot be superseded too soon.
The truth in regard TO this matter h
very simple and very different from The
statements quoted. The Constitution in
defining the territory Of the State, pro
vidcd that Al counties should DO included
absolutely. Then il made contingent
provision for seven counties which II was
thought might Or might not be able Il
vote on the ratification or might he 81
hostile rs to reject. -Four Of these, Pend
Teton, Hardy, Hampshire ind Morgan
were treated asa district, and 1t WAS pro
vided thatil majority OF the votes II
the district were for ratification, tlost
counties were 10 be included ms part OF tn
State; II not, not. Frederick, Bcrkele!
and jefferson were treated rs anOlhe
district; and It WAS provided tina
ia majority Of the votes In that distric
were for ratification those three countie
were also IN be included, In the event tn
other district had ratified and wis In
Cluded. not otherwise. The provision o
the IYth Article, which the Rlgiste
progresses to quote (but gArblCs instead
WIS that Il these seven counties were in
cluded, in the manner laid down In tn
LIST Article, then Morgan md Berkele.
were to form delegate district, havini
two delegates alternated between them
But these seven counties did not becom
part OF the State. The llrst.namel lOu
counties ratified and were included. TIL
other three did not mtiIy and were no
included. The contingent provision Il
regard to the representation VI Morga
and Berkeley therefore fell to the ground
But the next succeeding paragraph pre-
vided for the case rs II actually did trans
plre:
"Dut II the counties Of Pendleton. Hard
Hampshire and Morgan become part Of this Stat
and Frederick, Berkeley and jefferson do nj
then PendletOn. Hardy and AOtgdn cOnnilt
shall ehOoW one deIe1dt6 ard Hampshire two unit
the next superintendent
Pendleton, Hardy, Hampshire an
Morgan did become part Of the State, an
Frederick, Berkeley and Jefferson did mol
and therefore Morgan was entitled I
choose one delegate until the next appoI
tionmenL A school boy can understan
that.
Now as to the representation of BerkC
ley. The 10th section Of Article " pr
yided that additional territory might h
admitted, and that in sucl, case the Legi
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