The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-11-28
THE SENATORIAL MIDDLE.

THE SENAtOklAL w DDD'
Our Charleston letters show that
Mr.. JOHN. CUNNINGHAM, o. Hancock
county, is at the Capital and is endeav-
oring to procure admission to the State
Senate as one of the Representatives OF
the First Senatorial District. We are
at loss to imagine upon what ground
he bases his claim to the seat, and are
surprised to learn that there is any pos
sibility OF his admission by vote OF the
Senate. Having Jailed in the popular
election last August TO receive MAJOR
ity OF the votes cast for Senator from
the First District having been In fact
beaten by Mr.. PANNELL by nearly one
hundred votes it is little difficult to
see why he now applies Tor
adms-io and why the Senate 10 dis
posed to grant hi- petition. Even II 1t
be conceded that Mr.. PANNELL cannot
legally occupy the pace, because OF the
constitutional prohibition against both
Senators in any district residing in the
same county, it is hard TO see how that
fact entities Mr.. CUNNINGHAM TO the
Mace His residence in another county
than Ohio is 10 his favor; but then he
did not receive the requisite number Of
votes. Mr.. ADRIAN Wilson's title to
the seat is as good as Mr.. CUNNING
HAMS, and in fact almost any citizen OF
either Hancock or Brooke counties is
just as legally quail fled Tor the place as
Mr.. CUNNINGHAM is, il it depends upon
residence alone.
The idea that when the candidate
who has received the highest number
of votes for anv office is disqualified
from assuming its duties, his competi~
tor who failed in the popular canvass is
thereby elected to fill the place, Is un-
tenable in theory aud contrary TO prac-
tice. If a State Senator should die
resign, remove from the S ate, refuse to
take the oath prescribed by the Consti
tuition or in any other manner be disqnal.
flied, certainly it would not be held that
the majority should thereby be deprived
u u
of Their representation and that the
minority candidate should be sworn in
Such a claim would be prepos.erou.
and absurd, and we are surprised tina;
the Senate OF West Virginia is seriously
considering a petition that has 80 slight
a basis.
At the time of the August election
Mr.. PANNELL was as elihib!e as any
candidate in the field. He was voted
for in good faith by the people and re-
ceived Only four volts less than the
highest number cast for any candidate
tor Senator, and nearly one hundred
more than Mr.. CUNNINGHAM, who now
claims the seat. 1t may well be doubted
whether it was the intention OF the fra
mers OF the new Constitution to prohibit
the two Senators elected in any district
at the first election under it, from resld-
ing in the same county, because the
former Constitution made special ex-
ception in that case, and no such diff
Guilty as has arisen here was contem-
plated by the late convention. AS a
general rule, underlying all constiiu'
tons aud laws, the will OF the majority
OF the people should govern and be
obeyed. A majority of the people OF
the First Senatorial District have given
their voice in favor Of Mr.. JACOB and
Mr. PANNELL as their representatives
IN the State Senate, and their will would
be shamefully disregarded if a candi-
date who received a minority of the
votes should be admitted to represent
them.
This point is clear il Mr.. PANNELL
is not entitled to the seat, the place is
vacant-and an election to fiji the va
cancy should be ordered at orce'
There are many subjects coming before
the Legislature at its present session
in which the people Of the First Sem
atorial District are deeply interested.
They desire to be properly represented
and to exert their proper influence in
tue legislative body. They are unwil-
ling that candidate who received less
than half their sufirages should be con-
s.ituted their representative, and II he
Who has received a majority Of their
votes cannot be admitted 10y reason OF
his residence in the same county with
the other Senator IRON the district, let
a new election be held in order that
some person whom the m ajoriIy de sire
may take the place.