The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-08-28
THE STATE SENATOR'S.

A singular question: one wh'ch' u
our knowledge, has never before ARISEN
in this State, is presented, in determining
who are elected State Senator'S from
the First District. 1t appears on ex
animation of the total vote OF the Dis
rict that Mr. A. NJ. JACOB has received
34O3 votes; Mr. PANNELL 1897 Mr.
CUNNINGHAM 1905; aud Mr.. WILSON
1867. 1t would be natural to suppose
that the two candidates receiving the
highest number Of votes would be de.
clared elected, and that therefore
Messrs. JACOB and PANNELL, between
whom there is only a difference OF six
votes iu the whole number polled,
would be entitled to seats in the Senate
as representatives OF this District.
There is, however q clause IN
the Constitution, nearly Identical in
both the cd and the new, that
declares that Every district shall elect
two Senators, but where the district is
composed OF more than one county
b 9th shall not be chosen from the same
county" Messrs. JACOB and PANNELL
being both citizens Of the same county,
the question is, which, il either Of the
two, is elected2
II may be answered, The person re.
ceiviug the greater number OF votes.
But before determining whether, in that
case, the Senstorship should be
swar led to Mr.. CUNNINGHAM, who
stands next below Mr.. PANNELL on the
list, the following provision OF the Code
il to be taken into conside ration. The
Goth section of Chapter 3 (relating to
elections by the people, reads as fol
lows:
go. II two or more ballots be found
folded or rolled together, and the names
thereon be the same, all hut one OF
them shall be destroyed; but II the
names thereon be different, they shall
both be DESTROYED. And il any ballot
be found TO contain more than the
proper number OF names tor any office,
that first on the ballot shall only be
counted as to the said office. 10 any
election for Senator. or delegate for
delegate district, il person be voted for
on any ballot who is not a resident OF
the proper county, as required by the
fourth and eleventh sections OF the
fourth article of the Constitution, the
ballot shall not be counted for the said
Office; or il two or more persons are to
he chosen as delegates tor delegate
district, or for two counties voting
together, and it is required by the Con-
stitution that they should be residents
OF the same county, the ballot shall not
he counted 10 favor of either OF said
persons"
We do not know whether this section
of the Code has ever been subjected TO
judicial Interpretation and are at some
loss to understand very clearly Its
meaning as applied to the present case.
There were. undoubtedly, a number OF
ballots cast in this county for PANNELL
and JACOB "a candidates for the State
sSenate, one Of whom us not resident
Of the proper county" Now whether, in
such cases. the first eligible name
on the ballot should only be counted,
or whether the entire ballot should be
rejected does not very clearly appear
notwithstanding Mr.. JAcoB has, in the
Dtstricf, six votes more than Mr.. PAN
WELL, the latter has in Ohio county,
which is certainly entitled to one Of the
sses,ers, -S65 more votes than Ns.
JACOB, and has in the district ~ more