The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-09-25
N r,urpatlto,n., b !, Submitted


z,..,natIOn be Submitted
N,lI The 70 S' Or Re,lStedt
,.,,ion asserted by the lSTELhr
IN. tas ,Iesa ! .oon ., It became known now a.9.. thai
tE'cIS 'ScI.s.s,a,lonal h Convention had order
"C'a,o a,ssIal election for officers, and ID
81 H. @ maintained since, viz that In
taa'SS, NJ ,he Convention exceeded !, itl |
5o's =, ~ And that in consequence the
,'aon' .,5so VA illegal and void Is very
,ss51 ..s, enforced thi, morning 3D. BY ,ou. ou.
fSasy fSassisy,uS.nt "Legl,imist." We have AVE
ss 'Ss ,ny time doubted that the election &c Ion
w. = .s,sr. n August under order oi the
s.'...tjoa d e. was wholly without lawful
I'1 .,ss,r, That this IS true our CORES
a.1,s, ,.Is,Sy makes very plain. But what can
? '''Is' Joo. '' sbout III Can a remedy en- be
s.,iI, W The question would be q
'p?~ i?,'s,,e one Tor the Court Of Appeals
!, AN tbo decision oi that court be
u'I iS''i,sJ before the officers unlawtully
0o', .".,.II, August arc put in possession Of
C." ',vss s.tc rorernmeDl' The new Judges
u, !, n. O Coar, Of Appeals will take their
AN h January, though absolutely as
1.4 s.t,ate Of any rightIul authority to do
" .1 =, ,rv other citizens. The new Legis'
',,,,. Of which the same is equally true,
N ..sune legislative functions on the
..oDd Tuesday in November How can
+, Jrslon by competent authority on
M question Of tho legality Of tue Au'
,,t.lectlon for officers be obtained before
=. nover oil the State passes into the
s,,i.or those chosen at an election that
runull and yoldI What can the right.
Nj aac.rs do to prevent this unlawful
Ii,oos,.ssiOn ol them' They can acqul.
<ro, they can resist. Ifthey acquiesce,
T,our,e the transfer OF power must ever
sy,,Nsr stand Just as II it had been
m,3sIu pursuance oflaw. Ifthey resist,
ib,p We should have two State gov.
,nueu,,, each claiming to be the
5,b,bl one, not unlike the famous
Rhode Island case known 10 histo-
T'u DoRR's Rebellion. 1t was decided
b. The Supreme Court of the United
Sn,s, In that case, we believe, that it
rested with Congress, where there were
Conflicting governments in State to de.
cil. which was legitimate. Should a like
conflict arise in this State, it would rest
rith Congress to decide between the
claimants to the authority Of the State, in
be recognition Of Representatives.
IfuO officers have been lawfully elected
!outceed those who held when the new
Constitution came Tor shall Gomez
into force, the incumbents hold on until
Eoc@OB are lawfully elected. Our cor.
respondent Is right, we think, in the opin.
iu that The new constitution cannot be in
cre til its ratification has been pro-
claimed by the Governor. The first lie.
al lelHtOn that can be held under 1t will
aun The first SECOND Tuesday Of Oc.
tobeE" that occurs Subseqent to the date Of
< PROCLAMATION. There IS probably
ud time for such an election in the com.
log October, and il so, it would follow
tAnthG incumbent officers must hold till
their successors chosen in October 1878
IeqAlifed. But oI course all the off,
ctn chosen in August will claim to have
been lawfully elected and assume to en-.
is upon their terms whenever the time
tOtOSo arrives.
Il there were time, we suppose case
might be made and q decision obtained
tron the Court ol Appeals. Yet 1t is ap-
parent that no decision by that Court
would be respected by the opposing par
~ 1.-THE existing Court decided against
tho validity Ofthe August election, those
claiming under that election would re.
jet The decision; and If the new court
'AcUld decide the other way, the party
rejecting tho August election would dis.
regard the decision, and the conflict Of
'uIhOrity would still go on. Nor could
1t be terminated ill q recognition of one
OF the other of the conflicting gov.
t'rneats VI. made by Congress.
asFe again the situation is peculiar.
The case could not be taken 10 Congress
HlI we could send new representatives
elected under one or other OF the oppos.
as governments. Under which could
NE Representatives claim who were cho.
ea in AugustI And under which, any
Sao may be chosen in October? The
''S mat both elections would occur before
le old officers go out and yet las claimed)
anaeF Tho new Constitution, would add to
'ae complication. The fact that the same
Governor and other of the same State OIL.
Een would belong TO each government
would make still further addition to a
most ! A1eFesting and complicated situa-
We make these hasty suggestions, III
AadIuon TO those Of our correspondent, to
'sVN' people 10 thinking over the COM
PaSallOn in which the ofice.sceking Con-
have involved them, and
70 ciaW out discussion Of the situation
" nose who may have more leisure and
"pscily to solve It's difficulties than
ourselves We cannot contentedly see
'U people acquIesce without pro.
's' in OehOlding all the govern
4sl' in the commonwealth, local
aaa state, turned over to o set of per.