The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-10-04
Was the Recent Election Legal!


luz uCW CONSTITUTION seems 10 have
been bone Of contention from the start.
One doubt or difficulty is no sooner set
tied than another more formidable arises
TO take its place. Leaving out ofvicw al
together the objection urged that it was
illegal to hold any election of officers un-
der II new Constitution not yet in exis-
tencc, the more serious question now ar
ises as to whether the election was in di-
rect conflict with the provisions Of the
constitution itse! and therefore utterly
null and void. Section Z Of article " OF
the Constitution provides that:
"Thc general election of State and
county Officers, and OF members OF the
Legislature shall be held on the 2nd Tues.
day OF October, until otherwise provided
by law"
And by Section G Of the Schedule, the
Constitution "a majority OfvO.cs cast hay.
ing been in favor OF its ratiticRtiUn) became
operative and in full force from unl in
cluding the 4th Thursday Of August, 1872
In other words, when the election OF State
and other officers. took place on the ilh
Thursday OF August last the Constitution
declared that II should take place On the
End Tuesday Of October. How then can
the election be valid?
The only answer is found in sCCtcon :
Of the Schedule which provides, for the
election Of officers on the 4th Thursday OF
August, and it is claimed That the Con-
stitutiOn and Schedule were adopted to-
gclher. ltsO, then there certainly must
exist m irrCCOnCilable conflict between
the two documents, and the problem is
reduced TO the simple question, which
shall prevail, the Constitution or the
Schedule; which is the paramount law Of
the land: by all means, say we, the Con.
slltutiOn. The Schedule is no part of the
Constitution itself, strictly speaking, aud
does not exist aS u branch Oi the organic
law. Il is merely the machinery provi-
dcd whereby the organic law is >Dut into
motion, intended only 20 comprise "prO-
visions temporary in their character and
and effect" 1t then wl admit the new
Constitution 70 have been operative and
in full force since the @2nG day u! August
last, and that il is the fundamental las Of
The land, there can be no question ~ tn
the illcg4lity Of the late election, so far Us
the election OF officers is concerned.
1t is strange that this anomaly should
have escaped the attention OF the cunven.
ton; we can attribute il only 10 the haste
and confusion that marked the closing
hours.
We understand that several of the Of
ticers whose terms have been shortened
by the new constitution will refuse to sur
render their seats, claiming that their
successors have not been legally elected.
The question rs to the validity Of the cl-
eCtiOn will then be raised and no doubt
will come before the Courts for iudicil
determination. II seems to lis there can
be but one opinion as 10 the result.
Again the question so much Iii CuSsed
AS 10 the election OF Congressman from
Our State, has become one OF most vital
interest. We have read with diligcnt care
the several opinions prepared by certain
legal gentlemen, and the editorials of the
leading newspapers upon the subject;
some holding that the election should be
held on the 4lh Thursday Of August; some
on the 2l Tuesday Of October, and others
on the 4th Thursday of October. With
none of;thcse views do We CuGcur.
In our opinion, humble as it may be,
additional legislation is required upon the
subject, before any valid, legal election
can be had for our Representatives in the
next Congress, and this legislation should
be had at the earliest day possible, so TINT
We may not incur the disaster Of being
unrcprcSented altogether,
The Constitution Of the United States
provides that:
"Thc times, places and manner ofhold.
ing elections for Senators cd ltrprcscu-
tatives, shall be prescribed in each State,
by the Legislature thereof"
The State Constitution Of 1853, declares
that:
The general election OF State mud
County officers shall be held on the l,h
Thursday Of October"
And in pursuance Of these two provis-
ions the following legislation was Ind:
"l, The general election for State,
District and County officers and members
Of the Legislature, shall be held on the
4Ih Thursday OF October"
"2, At said elections in every year,
there shall be elected delegates to the Leg
llSlature, and one Senator tor every scnH-
tOral district. And in the year 1870, and
every second year thereafter, n Governor,
Secretary OF State, treasurer, auditor and
attorney general for the Stale, II prosccut
ing attorney, surveyor Of lands, recorder,
and the number Of HsscssUrs prescribed By
law, and Reprt'Cntdtire in MC Congress
ct tic United States, Tor the term Begin
ming on the 4 tn oi March next, alter the
election for every congressional district" !"
From strict pGrusal Of these sections
Il is apparent that their construction is rs
follows, to wit:
That ho election for Il RcprtMnmiirc in
Tie Congress, SiaA take pllcc at the same
time with tie election orMc STATE and county,
cGiccrs, on The An Thursday Of OctoJtr.
1870, and erery second year thereafter.
II this is not meant then no definite
meaning whatever Cnu be attached 10
them. Any other Interpretation would
leave the month and day for the election
entirely improved for
The object OF the first section is to fix
the month and day for tho several Clcc E
ions referred To, and Ot the second sec
ton, to fix the years; they are tree from
doubt or difficulty.
The new Constitution and the Schedule
do away with the provisions Ut the statue
fixing the dIh Thursday OF October rs the
dhy for the general election Of State and
county officers, md make no provisions
whatever for an election Of Representa-
livcs IN Congress Hence there is legal
lapsc-an absence Of any legislative nc
linn under the requirements OF the Fed
cral Constitution,
For the reasons above stated, We would
urge upon the Legislature, ut the opening
ol ils next session, To I'LL up this lapse,
and fix definitely upon time Ccrinin
when the election shall take place In
this way all Cavil can hu avoided, nud
our State bO saved any unpleasant dill
Culiirg in FnvnFI IA brr rnDrrsnntn,;,,