The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-10-11
FOR CONGRESS, FIRST DISTRICT,
COL. BEN. WILSON, of Harrison.
THE OBSERVATION-DISCLOSURES
DUIY OF SUPERVISORY.

THE OBSERVATION-DISCLOSURES
Duty of SUPERVISORS.
The persistent efforts OF certain inter-
ested parties to create confusion in the
public mind concerning the Congress
sional election to be held on the Oath Of
the present month may result in mis-
leading some of the officers whose duty
it is to preside at that election and certify
the result Chapter 5 Of the Code OF
West Virginia provides for the iufliction
OF certain penalties upon officers OF cleo
ton who shall fail or refuse to perform
the duties required Of them by law, and
il therefore behooves the Supervisors
aud Inspectors in the several counties
to proceed with some caution and in
form themselves fully concerning the
duty that devolves upon them and the
liabilities they incur.
AS to the question whether the fourth
Thursday in October is the proper day
for the election of members OF Congress
in this State, there is no longer room for
much uncertainty. the opinions Of 1.-THE
most prominent lawyers in the State
have been consulted, and, with singular
unanimity they dec are that the adop-
ton OF the new Constitution and
Schedule have not changed the pro
visions OF the Code in relation to the
election OF Congressmen, and that an
election should be held on the fourth
Thursday in October tor the
choice of these representatives. In
many cases these opinions have
been published over the signatures
u; their authors, and their arguments
Nhave not been successfully controyerted
In fact, it is admitted b" men of all
parties who have given the subject
legal examination, that the 9th OF
October in this year is the time fixed by
the Code for this election, and it is
scarcely possible to name prominent
lawyer who has examined the case who
does not coincide in this opinion.
Under these circumstances. we con-
ceive it to be the duty OF the several
Supervisors to proceed to hold the cleo
ton as required by the Code. No pro-
clamation by the Governor is needed,
nor is any authorized by the law the
election is to be held under the provi-
sions of Chapter 3 of the Code in so far
as the same have not been altered by
subsequent legislation. aud Chapter 3
declares what penalties shall be inflict>
ed upon any who fail to perform the
duties required of them in relation TO
an election.
We are informed that at q recent
meeting OF the Board OF Supervisors OF
Marshall county it was resolved to hold
no election 10 that county on the Oath
This was wrong in two respects. In
the fret place it is clearly demonstrable
that the law requires polls to be opened
at the several voting places in the
county on that day for the election o.
members OF Congress; and in the Sec
ond place the Board of Supervisors had
no authority as Board to pass any
such resolution. The Supervisors pre-
side at elections in their individual
capacity and not collectively, and each
Supervisor is to determine for himself
whether he will superintend the voting
in his own township or not. No reso-
luton of the Board can exsnerate indi-
vidual members from the performance
Of this dnty, nor exempt them from the
operations OF the law.
In case the Supervisors and other
officers OF elections refuse to act, the
law provides the means by which the
election may still be held. In accord
snce with section 9 of Chapter 3 of the
Code "any three voters of the township
may be appointed by the voters present
TO act for the time as supervisor and
inspectors" II the election be held in
this way, certificates OF the number OF
votes cast and for whom may be made
out in regular form and deposited with
the Recorder of the county who
may be compelled to forward them
TO the Governor of the State. At
all events, whether the Supervisors con-
sent or not, it is the right OF the people
in accordance with the law, to vote for
representatives in Congress on the
fourth Thursday in October, aud they
should not permit the neglect or refusal
OF any officer to discharge his luty to
deprive them of the exercise Of that
right. Let the voters assemble at the
usual places of voting on that day and
deposit their ballots. and means will be
adopted to give effect to the expression
OF their will. geo,