The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-10-17
THE CONGRESSIONAL ELECTION.

THE CONGRESSIONAL ELECTION.
1t is a fact worthy Of note that no
prominent or well known lawyer IN the
State seems willing to risk his reputa-
ION upon published opinion that the
fourth Thursday in October Is not the
lime fixed by law for the election OF
members OF Congress in this State.
When the question was first mootei last
summer there was some honest differ
cnce Of opinion concerning the law, but
after exhaustive discussio by the ahlest
LAWYERS in the State there was left no
room for doubt upon the subject, and
all those whose professional learning
and legal acumen best fitted them to
rom correct conclusions upon such a
question agreed that the day for the
election ofmembers OF Congress had been
let by the Constitutional Convention
precisely as it had been fixed by the
Legislature OF the State-the fourth
Thursday in October. Judge ALLEN
of Hardy, Judge HoGE, OF Berkeley,
Hon. SAMUEL PRICE, of Greenbrier, Hon.
C. j. FAULKNER, OF Berkeley, Hon.
SAMUEL WooDs, OF Barbour, and other
distinguished gentlemen wrote, for pub
lie information, their views upon the
question. These opinions We're pub
lshed in the REGISTER last sun ner and
all conquered in the conclusion that the
fourth Thursday 10 October is the only
hav upon which members Of Congress
can be elected in West Virginia under
the present law. In addition to the
names mentioned above may be given
those OF Hon. DANIEL LAMB, General
JAMES S. WHEAT, j. II. PENDLEroN,
Esq, and others of this city whom we
have ourselves consulted in relation to
the matter and whose opinions coincide
with those heretofore published in this
paper. We have also in our possession
letter written on the 18th Of last June
bv Hon. JOHN s. HOFFMAN, now of the
Supreme Court of Appeals, and which
has not yet been published, in which
he says:
"The time for holding elections for
Representatives in Congress for this
State has been fixed 10y the Legislature
of the State on the fourth THURSDAY in
October in this year. Code CHI. 3, ~
1t has not been changed by the LegtSla-
tire nor by Congrces, so that the change
shall take effect before 1876.
"The Convention had no power to alter
the time OF holding this election; and
il it had it did not indicate the will to
do 30. 1t confined its provisions as to
elections, In terms, to those of State rep
resentatives and officers.
Therefore, it seems clear that the
fourth Thursday in October next is the
time for the election OF Representatives
in Congress"
Against this terse, al nirable, and
conclusive statement OF the law; and
against the published opinions of the
distinguished lawyers to whom refer
ence is made above; we have simply
the dict,m OF the WIeeling Mte'hgeacer
and its two or three anonymous corre-
spondents. Let the people and the
officers whose duty it is to conduct cleo
tons Judge which is most likely to be
right and whose advice it will be safer
to follow.
There seems 10 be no difficulty upon
this question in either the Second or
Third Congressional Districts; both
parties are there engaging in the can
yass and !ull vote will probably be
polled there next Thursday. 1t is only
among the Radicals of the First Dis
trict that there is any pretended doubt
upon the subject, and there is good rea-
son to believe that if the editor of the
IatelEgenccr saw any possible chance
for the election of Radical to repre-
sentthis District in Congress, that paper
wouid be now trsntically engaged in
urging its readers to vote.