The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-01-27
TIE GOVERNORS PROCLAAA-
TON.

THE GOVERNORS PROCLAAA.
TON.
When some future DIsRABLl makes
new collection OF the "Curiosities OF
Literature" the recent proclamation by
Governor JACOB in reference to the
Congressional election in this State viii
be awarded q conspicuous place. Moth
ing like it has ever yet appeared in the
political history Of this or any other
country, and unless some strange freak
OF fortune should give similarly unde-
served prominence to another man OF
Governor JACOBS peculiar abilities and
disposition, nothing like it will ever ap'
pear again. The Courier appropriately
STYLES it double barrelled proclama-
tion." One barrel has been loaded for
the Democrats and one for the Repub-
licans, but in discharging them both
at once the Governor missed his mark
entirely. unless it ives his intention TO
shoot himself off without aiming at
anything at all. ..-.. .-..
1t is not worth while at this time to
rehearse the arguments that were used
last summer to show that the proper
time for the congressional election IN
this State was the fourth Thursday in
October. The question was thoroughly
discussed long before the August cleo
ton, and the opinions of the most
prominent and ablest lawyers in the
State concurred in pronouncing the oath
Of October the proper time. Ii we
mistake not, the Governor himself said
to his friends in the Second Congress
sional District that he was convinced
that members OF Congress could not be
legally chosen at the August election.
After the election in October, it was his
duty to proclaim the result and award
certificate TO the candidate
receiving the highest number
of votes. The proclamation was
delayed and it was alleged that the
Governor was waiting for further re-
turns. The Legislature then passed an
act compelling the delinquent Superb.
sors to send in their reports within
certain time, and again demanding that
the Governor should proclaim the re-
suit. He vetoed the bill, but it was
Immediately repassed and became a
law Notwithstanding his objections.
The Legislature has thus twice declared
its opinion that the October election for
Congressman was the only legal one,
and has twice insisted that the Cover
nor should recognize it as such. With
characteristic shu filing and indecisiop
and true to his character for seeking to
evsde responsibility. Governor JACOB
has issued a proclamation that recog-
nizes both elections and denies
both; that proclsims all the con-
testants elected and none Of them en-
titled to seats; that is neither fish,
flesh, fowl nor red herring" 1t
faile to satisfy either Democrats or Re-
publicans, and is certainly an evasion
of the law; bold violation or what
the Governor knew to be the legislative
intent.
1t is customary in cases of contest
for seat in Congress to admit to his
seat. as a representative, the person
presenting the formal certificate of elec-
ton, and the place is held by him un-
til his right to the same is disproved by
his adversary. The possession Of the
certificate is prima faeie evidence of lie.
gal election, but may be iuvalidated by
other proof. But even while the CON-
test is going on, (and sometimes several
months elspse and important questions
are voted upon before it is determined
the people Of the district are represent
ed by the man who holds the
certificate and whose name has
been placed upon the roll. In conse.
quence Of Governor JAcoB's extraor-
binary course, however, the people Of
the First and Second Congressional
Districts in this State are likely to be
left entirely without representation
during q portion of the fret session OF
the next Congress. Neither Mr.. VIII
son nor Mr.. DAVIS can be admitted to
represent the First District while their
case is before the Committee on Flee
lions, because the Governor has evaded
the law and gives to neither Of them
the proper certificate and declares nei-
ther Of them elected. For the same
reason. both Mr.. MARTIN and Mr.. HA-
CANS will be compelled to remain out
side the Hall, and the people of
the Second District will be en-
tirsly unrepreseuted, until the
Committee has found leisure to
examine the rival claims and have
their report adopted by the House. 1t
is possible that in the meantime some
legislation may be in progress wbich
materially affects the interests Of West
Virgins and concerning which our
State should be heard. But il may be
that during half the session two'tbirds
If IN. nsople of the State will be de-.