The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-11-29
The Vexed Question a. 70 the West
Virginia Congressional Election.

l
Was the election Of Congressmen on The
22nd OF August, 1879 validI Article !
section 4 ctthe Constitution OF the United
States provides that, "1he Times, Places
and Manner Of holding elections tor Sena-
tors and Representatives shall bc prescribed
in each STATE By Tho Leoislature Merecf.'
Read the italicised portion OF this provis-
ion, and you have all that pertains to the
question, Must the State Legislatures Ia
responding 70 this requirement Of the Con.
stitution fix, as your correspondent puts II
In the INTELLIdENcER OF 26th inst, day
certain, meaning specific day, as for In
stance the 1st day OF April, the 10th ol
September, the fourth Thursday OF Aug
ust &c? We believe that no such require.
ment Is intended, and for the following
reasons: The word times In the provision
quoted, was evidently used not with ref
erence TO day certain, In the sense
used herein before, that Is, IN
that restricted sense, Tor in that
same Section 4 OF Article | Of the Consti-
tuition, when specifying day certain 10
It's restricted sense, Il uses the word dag In.
stead OF the word time. Again In Article
2, clause four OF Section l, the words time
and day are used In two different senses,
the former evidently literally and the
latter restrictive. Again we have, the In.
terpretation Of the Legislators Of the good
old Mother Of Presidents In her palmy
dsys, OF The times Of holding elections Tor
Representatives, provided In Article !,
Section 4, above quoted, showing they did
not believe that 1t was the duty OF the
Legislature 10 prescribe day certain, In
the sense asserted by. the writer In the
IsTRLLIGRNcRR Of the 25th inst. This
Interpretation may be found In the act OF
the Legislature OF Virginia passed Febru.
sry 8, 1910, Revised Code Of 1919,
page 15l OF Volume !, wherein the
lines provided for the election OF Con.
gressiaen, were the first day OF their April
courts, and we find that In scarcely q
dozen Of the counties Of the State was
their April court fixed to begin on the
same day. This law remained In force
Tor many years, and has been regarded as
fully responding to the requirements Of
the tConstitution Of the United States
Article /, Section 4, even though 1t was
so far from coming up TO the requirements
OF those who insist that q liked, certain
day must be contained In the Legislative
enactment. Then, the Legislature fixed
the days for opening the courts, And often.
times changed those days, but the statute
prescribing the times Of holding Con.
gressional elections remained unchanged,
and lett them to follow alter and depend
on the court opening days.
II Is not q fair Interpretation Of our legis
latiye enactment found In chapter 5. sec
tion Q, Code, prescribing the time ol
holding elections for Representatives II,
Congress. That that time depends on the
time for holding the general elections
rather than certain day peculiar to itself,
seeing that the Legislature did not possess
tho power to fix day for holding gen
eral elections, the Constitution OF our
State alone possessing that power; and
when the Legislature named the fourth
Thursday Of October, in section !, chap.
ter Code, 1t was certainly moi regarded
in the sense OF prescribing that day for
holding the general elections. That duty
had been performed by the only power
competent-the Constitution. The pco.
pie then, through their Constitution pos
sessing the power 10 fix the day for the
general elections possessed, OF course, the
power TO change the day, which they did
in the wear 1879 to the fourth Thursday
Of August. Now, observe that whilst the
Constitution, the sole power authorized to
change section /, chap. 8 Of the Code, has
done so and substituted In place thereof
the fourth Thursday OF August In 1879; It
kent alive and in force all Of said chapter
3. not in conflict with ITSELF This being
true then, we submit that the law govern.
ing the election OF Congressman In 1879
was as follows: 1-i . -
"Chapter 8, Code OF West Virginia, sec.
tion |. The general election for State, dis
trict, county and township or district OH.
GERS and members Of the Legislature. shall
be held for the year 1879 on the fourth
Thursday Of August"
Section Q. "At the said election there
shall be elected = " In the year
1879 and every second year thereafter =. :
y y q representative in the Congress oi
the United States ior the term beginning
on the fourth day Of March next alter the
election, ior every Congressional district"
I When the Legislature enacted sections
1 and . oil chapter 8 OF the Code, II ispre'
sumed 10 have done so with the under
standing that the people could at any
time change the day in said section ! 70
another day, hence in order to confne
the Congressional elections TO the same
day OF general elections as II al ways has
been uses Just such language as will I'M
sure the end-at said sIection-to wit: AT
said general elections, whether occurring
on the 4Ih Thursday ol October or on
such other day for said general election
as the people may determine. Unaccept-
able TO some as Messrs. Davis and Ha-
gans may be, nevertheless we cannot see
now they can be excluded from seats 10
the Asa Congress without doing injustice
10 them and 10 ourselves, by precedent
founded on rules Of Interpretation OF the
laws calculated TO render uncertain al
most any law framed. -