The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-10-26
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= nblr.IIeadcd West Virginia
In' nCIpraliOn TO Congress.

-, DOubIc.IIeadCd West Virginia
'n' Delegation to Congress.
um able discussion Of question that
-. more than local interest, We invite
.rsntIOu to the article in this paper touch.
n, II, legality Of the elections In this
S,ste ca in August and October for members
=, ,be House Of Representatives. The
,,s,,jOp has now passed ono stage OF dis
susion. -,
VA presume the elections werc held
rbund4y to give the party that was un-
r,,ressiul at the August election in the
Fin, and Second Districts, ground for q
s,,lss,; and II upon so light apopular ex.
wes,ion the candidates successful Thurs.
av,houId still entertain that purpose, the
ose.,jop Is now rcmitted to the House OF
representatives. In pursuance Of such
urpose, 1t is presumed those candidates
vii demand, as well as the candidates
.lsctsd in August, certificates Of election
from tho Governor.
It's held by some that 1t will be the
Iuly Of The Governor to give certificates
d, each election, assuming it to be fairly
4, matter Of controversy which is the valid
ovs They hold that tho Governors du-
,.s 10 the matter arc purely ministe-
i'd; and that when an election has
been held by the lawful officers under
4ue lormslities, and the results thereof
Gs certified to him by the supervisors Of
theRyerAl counties, he cannot go behind
their certificates, but must certify a result
10 accordance with them; leaving the
holders Of the certificates to fight it out
before the House Of Representatives.
There Is some force in this view Of the
c4se, and it is one that would relieve the
Governor from making an unpleasant dc.
CIlon But there are also difficulties
about Il that need 10 be considered. Be
fore the meeting Of each House Of Repre-
EuHtiVes, 1t is the duty of the clerk to
make a list Of the persons who appear to
b elected members. Those who are
upon the clerks roll at the opening ofthe
House are members primG facie, are
iEOn in, take their seats, help organize
The House, and exercise all the functions
Di members unless and until removed in
'ayor Of q contestant. The clerk in
Masking bis roll includes those who hold
he Governors certificate Of election. III
'TO gentlemen from one district present.
u certificates emitting them to the same
ieAt, what could the clerk doG He could
lot discriminate between them, for both
ROuld stand before him on an equal foot
Og. He could not put both on the roll,
or that would give the State two mem.
oes from one district, until such time as
be controversy between them could be
sIued. II he refused TO put either on,
be district would be without q represen.
alive, perhaps Tor months; and 1t might
v held there WAS a vacancy, and the
Governor would be obliged within ten
lays from the time the fact came 10 his
to order an election to fill it.
bus plling complication on complication.
In this view Of the case it would seem
roper for the Governor to determine for
be purposes OF his certificate which
1 the elections he will recognize as
'guIar. 1t seems to be the only way TO
asuFe the State regular and continuous
presentation till such time as the next
iOu'e may be able to reach a decision
9uching our Congressional complication.
whichever may get the certificate, the
Innate rights of neither can be affected
yiL The House will decide at last be.
8een the contestants. VI course, with
1eVieWs we entertain touching the con-
'oVeSy, we do not see, ii certificates are
te given for only one election, how
icy can be given to the persons voted
y last Thursday; but as VIC recognize
ls delicate responsibility which Is i'm
osed on the Governor in this matter, we
fopoSe, also to respect his right to act
es from pressure and according 10 his
w unconstrained judgment OF law and
bis duty,