The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-06-25
Can There be an Election of Con.
gressmen4

Clhubt .uuu OtlcL lOIhS ulbUt uluCL HECutly
from the views entertained by the CORES.
pondent from this place Of the RegiSter,
whose communication appears in your
paper Of to-day concerning the election
Of Congressman In this State. Sometimes
the statement Of proposition carries
demonstration with It. Suppose this ques.
ton be tried by this standard. First, as
to the fourth Thursday of October. III
the new constitution DO adopted in Au.
gust, there Is a combination Of impos.
sibilities, viz. the general election Of
State officers and the election Of Con.
gressmen on the fourth Thursday Of DC.
tober. No authority exists except the
statute law found in the Code Tor the
election Of Congressman, which is TO
occur on the fourth Thursday in October,
1870, and every two years thereafter, on
the day Of a general election for State
officers. The former part Is unrepealed
by the constitution, the latter part is re.
pealed. Which shall. prevail Of the In.
consistenciesp The latter, as to the
general election for State officers.
Is repealed In express terms by
the schedule, the former by i'm
plication only, II at all. Now tho adop-
tionof the proposed constitutional August
does not repeal any Of the present statu.
tory laws Of West Virginia except those
repugnant to its provisions. Is there any
repugnance TO any provisions of the pro.
posed constitution In the statute by which
elections for Congressman are TO be held
on the fourth Thursday Of October
"Only this, and nothing more" no cleo,
ton can be held in the State oil West
Virginia except in municipalities, II the
constitution be adopted, until provision be
made therefor by law under it. The
schedule provides for the election In
August OF Executive, Legislative and
judicial officers, State, county and dis.
trict, and also prescribes when their terms
Of office shallbegin and conclude.
When this election is had, the State
organization Is complete, and no further
elections can be had, for none Is provided
for by the constitution or its schedule. The
election OF Congressman Is, therefore, rem
dered impossible, because by the statute
It Is to occur on the day of a general
election OF State officers, and that day
having been changed, an impossibility
arises, and by familiar rule of construc.
ton, that If thereto two parts Of a,statute
apparently inconsistent or irrcconcilable,
that which Is cypress in its terms must
prevail over that which arises by implica.
ton merely. In other words the greater
proposition includes the less, and the
fourth Thursday Of October having drop.
ped out Of the calendar OF election days
in West Virginia, by virtue Of the new
constitution, which IS TO take effect on the
gath day Of August, that clause of the
statute providing for the election OF Con.
gressmen on that day must give way to
the dominant clause in harmony 1oiM the
nel0 Constitution, and the election must
take place on the day of the general
election Tor State officers" If there be no
good cause why that Is impossible, which
L Is commended there Is. il
Now as to the second Tuesday in Octo-
Der being the proper day to elect Con.
gressmen. Surely no one can be in
earnest in maintaining such pro.
position? BY what law organic or
statutory is it to be held on that day9
Not by our existing Constitution or by
our present laws certainly. The only
source from whence such an idea can be
eliminated is, that in the proposed Consti.
tuition is this clause, 1.-THE general cleo.
tons OF Stale and county officers, and of
members Of the Legislature shall be held
on the second Tuesday Of October, until
otherwise provided by law" 1t would
take fine eyes to see any warrant for the
election Of Congressman under that clause,
the present year at least. ..-.;
But can the election OF Congressman
held on the fourth Thursday Of August
when a general election Tor State Off.
GERS" is TO be held, in the language OF the
statute!
Aside from the general question which
has been so potently mooted and so per-
sistcntly ignored, as to whether 1t was in
the power Of the Convention to provide
for the election Of any officers under the
new Constitution, at the election on its rat.
ification or rejection, and granting the
correctness and legality Of the course
pursued, the Convention itself determined
what offices should be filled by election
on that day. and 1t embodied its de.
sires and intention in the 7th section Of the
schedule, as follows:
~. On the same day, and under the
superintendent OF the officers who shall
conduct the election for determining the
ratification or rejection Of the Constitu.
tion and Schedule, elections shall be held
at tho several places Of voting in each
county, for Senators and members oil the
House Of Delegates, and all officers, exec.
utiVe, Judicial, county or district, REQUIRED
by this Constitution to be elected by the
people. Such elections Shall be by ballot.
and the results thereof shan be ASCERTAIN.
ed, determined and certified according 10
the provisions and requirements Of exist.
ing laws; except that the returns OF the
elections OF Governor, State Superlnten.
dent Of Free Schools, Auditor, Treasurer,
and Attorney General, shall be transmit.
ted TO the Secretary Of State, sealed and
addressed to the Speaker OF the House
Of Delegates" ~
And only these can be elected on that
day, even allowing the largest latitude,
and the most arbitrary exercise Of power
to the Convention. There Is another rule
Of construction that has been commended
for by, all political parties, and all states.
men and philosophers in this country
since its formation, and which has re:
celved tho solemn adjudication Of the
Supreme Court Of the United States, and
of every State Supreme Court where It
has been brought forward, that mus
govern IN this case. Its this, that when
the organic law designates particular
class Of subjects out OF a general class, or
lenominatcs specific number OF indi.
viduals or Individual cases out OF a va.
rtety Of persons or cases, or specifies a
given number of officers for any given
purpose, or, in short, defines its purposes
as to the prohibiting or permitting Of any
distinct object or purpose, or granting or
withholding Of poFsFs, It thereby leaves
all other classes, case, offices, objects,
| The lerislaiiYa or other anthnrii,., ma =.