The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-09-17
THE coXsREssIoNAL ELECTION.

Some of the leading Republicans IN
the State pretend to affirm the validity
of the recent election for members OF
Congress in West Virginia and deny
that a legal election for these repre-
sentatives can be held on the Fourth
Thursday in October. They are there-
fore calling upon their partisaus to ao-
stain from voting in October, and are
demanding that Governor JACOB give
certificates Of election to those candI-
dates who received majority of the
votes cast in August. Their course IN
this matter is as purely factious as can
be. 1t is actuated solely by desire to
create confusion iu the public mind
and is a part Of the policy OF obstruc''
ton which the leading Radi-
Gals have pursued ever since the
Democrats have had control OF the
State Government. Republican laws
yers knov that the only proper day Tor
the election OF members OF Congress IL
this State this year is the day at present
prescribed by act of the Legislature;
that the ratification Of the new Constr
tuition changed that act only IN so lar
as regards the election OF State and
county officers; and that that portion
of the Code which provides for the cleo
ton OF representatives in Congress on
the Fourth Thursday in October re-
mains in full force and effect, because
it is not in conflict with any OF the
provisions of the new Constitution nor
at variance with any OF its terms. The
new Constitution does not in any way
affect the law relating to the election OF
members of Congress, but leaves it pre-
cisely as it has stood heretofore.
The whole subject was deliberately
and exhasstively discussed last June by
the most prominent lawyers in the
State and the weight OF legal opinion
was so clearly and decidedly in favor
Of the election on the Fourth Thursday
10 October that it has been considered
a settled question by all except those
who doubted for the sake OF doubling,
and who being convinced against their
will were of the same opinion still. The
LAWYERS most prominent for their legal
learning and mental ability concur In
opinion upon this subject. Hon. SAM
uEL PRICE, OF Greenbrier, Judge ALLEN,
of Hardy, Hon. C. j. FAULKNER and
Hon, JOHN BLAIR HoGE, Of Berkeley,
General WHEAT and DANIEL LAMB
Esqs., of this county, CALEB BoGGEss,
ESQ, and we believe, Hon. JOHN S.
CARLILE, OF Harrison, have all exc
pressed themselves convinced of the
legality Of the election for members OF
Congress in October, and number Of
those whose names are gwen ABOVE
have written carefully prepared argu-
ments upon this subject.
But now come the Parkersburg State
Journal and the Wheeling Mtelhgencsr
and deny that these eminent gentlemen
know anything about the law, and con.
tend that because in some of the
counties candidates for Congress were
voted for on the 22d of August, the Gov
ernor OF the State should give certifi-
Gates of election to those who received
a majority of the votes cast at that time.
Who constituted the editors of these
newspapers the legal advisers Of the
Governor, and by what authority or by
virtue Of what legal attainments they
usurp the functions of the Attorney
General, we know not, but sssufedly
Governor JACOB will show himself to be
both worse lawyer and holder man
than he is generally reputed to be if he
follows their aivice or oheys their
dictation. We will see.
t. -afaxonoa 20 Tho Lotto alac, nn IN