The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-06-26
PARKERsBURG, w. VA, June "a.
Editors of the Register:

PAREERsBURG, w. VA, June "a.
Editors of the Register:
The question as to the time of hold
ing the Congressional election for the
present year in the event Of the ratltica'
ton of the new Constitution, which
event will most certainly come to pass,
is a very interesting one. and, it must
be admitted not free from difficulty.
Section | of chapter of the Code is as
follows: "The general elections for State,
district, county and township officers
and members OF the Legislature shall
be held on the fourth Thursday of DC
tober." Section 2 of chapter 3 provides
that at the SJjd general elections in every
year there shall be elected delegates to
the Legislature, &C., and in the year
1870 and every second year thereafter
Governor, &c, and Representative IN
the Congress Of The United States for
the term beginning on The fourth day
of March next after the election for
every CougressionalDs n
Ii is provided in section 7, article 4, Of
the new Constitution as follows: THE
general elections OF State and county
officers and of members Of the Legisla-
ture shall be held on the second Tues
day of October until otherwise provided
10y law" Section 3 OF the Schedule
provides as follows: "The officers au'
thorized by existing laws to conduct
general elections shall cause elections
to be held at the several places Of voting
established by law in each county on
tie fourth Thursday OF August, 1872.
at which election the votes of all quail
fled under the existing Constitution and
offering to vote shall be taken upon the
question of ratifying or rejecting this
Constitution and Schedule
Section : of the Schedule declares:
"On the same day and under the super
intendence OF the officers who shall
conduct the election for determining the
ratification or rejection Of the Constitu-
ton, elections shall be held at the sew
eral places Of voting in each county for
Senators" &c, all the officers to be
elected under said Constitution.
In section of the Schedule it is pro-
vided that if the Constitution and
Schedule are ratified at said election
they shall be operative and in full force
from and including the fourth Thurs
dav of August, 1872.
Section IS Of article s of the new Con-
stitution declares that such parts Of
the common law and OF the laws of this
State as are in force when this Constitu-
ton goes into operation and are not re-
pugnant thereto shall! be and continue
the law OF the State until altered or re-
pealed BY the Legislature.
No provision is made in the new
Constitution or the old either for the
election of members Of Congress, there
fore in the absence Of law of Con-
gress now in effect upon the subject
the time of the election must be con.
trolled by the Code, where not monop-
olized by the new Constitution. All the
new Constitution changes as to the time
of the general election is from the
fourth Thursday to the second Tues.
dag of October. The second section
says that the member of Congress shall
be elected "at said general election,
that will be on the second Tuesday OF
October, or the fourth Thursday OF Au-
gust.
1t is clear that the said Congressional
election must be held on one of three
days, either the fourth Thursday of Au.
gust, the second Tuesday Of October, or
the fourth Thursday of October.
| think it cannot be held on the
fourth Thursday OF August for two
reasons, first, because no provision is
made therefor in the new Constitution,
and second, because that is not 8 gen.
sral, but special election.
1t cannot be held on the fourth
Thureday of October, because If the
new Constitution is ratified by the peo-
pie, the time of holding. the general
election will be changed from the
fourth Thursday 10 the second Tuesday
10 October and ~ the time OF the election
of Congressman is alone fxed by the
Code on the day of the general State
election. as fxed BY law, and as the