The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-09-20
The Legality of the August Election
for COnEresamen.

TO the Editor Of the Intslllgenees.
The legality Of the recent election Of
Congressman Is denied by many of our
politicians, and the denial backed by the
opinions ot several prominent lawyers In
the State. Entertaining for the latter
very high regard, yet I cannot help diff.
ering with them In these opinions. I
affirm the legality Of the election Of Hons.
John ]. Davis, j. n. Hagans, and Frank
Hereford, members Of Congress, and for
the following reasons: By the authority
Of the Constitution Of tho United States
alone, we choose Representatives in Con.
gresS, as may be seen by reference TO Art.
! section 2, which says: "The House Of
Representatives shall be composed or
members chosen every second year by the
people of the several States" Following
this authority In the same Article, In the
4th section, Is this provision; "The times,
places and manner Of holding elections
for Senators and Representatives, shall
be prescribed in each State by the Legis.
lature thereof From these Two
clauses Just quoted, I'VE conclude
We are authorized to elect mem.
bers ol Congress every second year,
at such times as may be prescribed
BY the Legislature Of our State, and that
the power to prescribe such Hines, belongs
exclusively to the State Legislature. We
must bear In mind however that whilst
tbs power belongs to the Legislature,
another power which has very much 10
do In determining the vexed question, as
you will hereafter see, does not belong TO,
II, but Is possessed exclusively by the
State Constitution, and that is, 70 prescribe
the particular day on which "the general
elections Of State and County officers
shall bc held" as may be seen in Section
z, Article 4, Of. the existing Constitution
subject to the exception ofthe present year
legltimately deducible from the 7th section
Of the schedule annexed thereto, which
fixes the day Of election Of State, County,
&c, officers for this year on the 22nd day
OF August. The Legislature in exercising
tho authority to prescribe The times OF
holding elections for Representatives In
Congress, has seen tit 70 use language In
relation thereto that can admit Of no reR.
sonable Interpretation other than that tho
times for such elections shall conform to
The times for holding the elections Of State,
county, district and other officers, demon.
mated general elections" in the statute.
The language is OF o general character
and does not particularize the fourth
Thursday or the second Tuesday Of Octo.
Der, or any other particular day Of the
week, month or year, but generally "at
the said general elections" But to the
statute itself: Chapter 8, Code Of West
Virginia, being the only legislative pro.
visions applicable to the subject, pro.
vides as follows: "Section l. The
general elections for State, district,
county and township officers and
members Of the Legislature shall
be held on the fourth Thursday ol
October" This Is but repetition OF the
constitution, as may be seen from the
marginal reference In the Code. Section
. then follows, saying: "At the said
elections there shall beelected in
the year eighteen hundred and seventy,
and every second year thereafter =
representative in the Congress of the
United States for the term beginning on
the fourth day Of March, &c" Can there
be anything clearer than the intent Of the
Legislature here, in prescribing the times
for holding the election for Congress, that
1t shall take place at the same time the
general elections are held, knowing that
the Legislature had no right to fix the
particular day Of said general election;
and at the same time knowing that, thai
particular day was liable to be changed
at any time Constitutional Convention
might see proper to do so, as was done
recently by ours, The peopl, have also
decided this question by their actions on
and prior to the general election, of the
22d ult., all parties generally throughout
the State, more especially in this Con-
Igressional District, accepting that as tht
day for the election Of Congressman. l1
this District we venture TO say not Q
single voter who cast vote, (and We be-
lieve the vote was full onel did &c
with any other belief than that the cleo
ton was legal, and that the successful
candidate should be our Representative
In the next Congress. II In other parts oi
the State voters have acted differently theJ
must as heretofore In the history Of oul
State under similar circumstances, TAXI
the consequences. We conclude, then
that our " general election" having occur
red on the 22d August, and by the term
Of the existing Constitution no other gen
eral election can occur this year, the elec
tion Of Congressman in our State on tn
day Of, and "at, the said general election,
was held in strict accord with legal re
quirements, and any attempt to hold an
other election will be treated as farce
nothing more" REVIEW.