The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29

ter, as to the times, places and mannel
OF holding such elections remained II
force under the new Constitution. Sec
ion SO, Of Article s, OF that instrument
declares that, Such parts OF the COM
mon law, and OF tha laws ofihi' State
as are in force when this Constitution
goes into operation, and are no, repuE
nsut thereto, shall be, aud continut
the law Of the State, until altered or rt
pealed by the Legislature"
Now, chapter 8 OF the Code, was IN
force when this Constitution went into
operation. 1t WAS not abrogated by the
Constitution. Nor was it altered by any
direct provision, or by reason Of repug-
nancy, as 10 the times, places aud man
ser OF holding the elections Of Repre-
seutatiyes in Congress. That was a
matter upon which the Convention
could not act. II it might have abro-
gated the law entirely, or any part OF 1t,
it could not prescribe the time, place or
manner OF holding q Congressional cleo
ton. Such an attempt would have been
plainly beyond the powers it was per
mitted to exercise, by the grand charter,
which limited it's powers, the Constitu-
ton Of the United States, which de-
clares, as above quoted, "The times,
places and manner OF holding elections
for Senators and Representatives, shall
be prescribed in each State, BY the Leg
islsturs thereof."
The power to prescribe the times,
places and manner by the Legislature,
is q delegated power. 1t is iundamen-
tai power in Congress, originated with
the Constitution, and is necessary to
assure the continued existence Of the
General Government For convenience,
il is delegated to the Legislatures OF the
several States, but the said 4th section
expressly reserves the right to withdraw
it at pleasure.
There 10 M old well settled maxim,
preserved in the Latin: DslEgatuS non
potest Gslegars-a power delegated TO one
cannot be delegated TO another. 1t is 4
personal trust which may only be cIer-
cised by the person with whom it is
lodged. As, if A be elected or appoint
ed to the Legislature, TO represent his
county. He has certain amount OF
power delegated TO him-.'or example,
to dscuss such questions as shall arise
in that body, to act on committees, and
vote for or against the passage OF pro-
posed laws, DC. No one will contend
that A could delegate these powers to
B, and employ him to take his pisce
aud exercise the powers confined to the
judgment and discretion Of A.
Down TO the day the new Constitu-
ton went into operation, the time
fixed, ordered or prescribei by the Leg
islature for the election OF members Of
Congress for the year 1872. was the
fourth Thursday in October. This, |
take it, will not be denied or contra
dicted. But it is said the time was
changed or altered. / ask who changed
or altered it2 Not the Legislature.
If it WAS changed or altered the Con
veu;ion did it, And il 1t did, then tn at
body prescribed the time for holding an
election OF Representatives in Congress.
This | humbly conceive has been
shown 10 be beyond it's power. Why,
if the Convention had declared in so
many words, THAT an election OF Rep
in Congress shall be held
on the fourth Thursday in August,
1872" spprehend all will allow, such
a provision would have been wholly
What it could not do dl-
rectly, it certainly could not by indi-
rsction. The argument that a change
Of the time OF holding the State cleo
tion, made by the Convention, operated
to change the times OF holding elections
OF Representatives in Congress, proceeds
upon the assumption that the time pre-
scribed by the Legislature was to be
upon the time OF holding a
general election for State officers. i
that were 60, still the contingency must
depend upon the will and direct action
OF the Legislature, and not on that Of
the Convention otherwise the terms OF
holding such election would be pre-
scribed by the Convention, and not by
the Legislature. The latter could not
in any shape or form delegate this
power to the former or any other body,
# it had thought best to do so. But
It is plain TO me the Legislature con-
.emplsted no such thing.
The law relating to the election Of
in this State is in no sense
TO the Constitution; nor
loes the Constitution undertake 10 abro
gate or destroy chapter 3 OF the Code,
1ut only alter it so far as is necessary
o make it conform 10 and agree with
ts OVID provisions, declaring meanwhile,
hat such parts OF the lave Of this
State as are in force when it goes into
operation, and not repugnant thereto,
,hall be, and continue, the law until a.
cred or repealed by the Legislature. a
part OF the laws OF this State wss, that 40
election should be held for Representa-
ives 10 Congress on the fourth Thurs-
lay in October, 1872, and not on any
lay q Convention, which had no power
% prescribe the time OF euch election,
night designate.
Much stress has been put upon the
second section OF the Law: AT said
elections" DC, and "In the year 1870.
Ind every two years thereafter,
. Representative in the Congress OF the
United S!stes shall be elected"
What did the Legislature intend TO
establish and declare in reference 10 the
election OF such representatives? Un-
luesIionably that they should be elected
1n the fourth Thursday in October.
every two years, until that law should
be altered by its own action. The Con-
veutiou bid not repeal or sbrogate the
aw, nor did they alter it, or attempt TO
alter it, in respect TO Congressional
elections but declared 10 the.langusge
before quoted ths. ell parts Of the law,
rot repugrsnt to the Constitution,
should be, and continue in force. The
sction OF the Convention itself declin-
ng 70 abrogAte or abolish the law 10