The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-29
ANIMPORTAyr DECISION.
The October Election for Members
OfCongress TO be Held Valid.
From the Charleston Courier.

| Oh 10 oe
From the Charleston Courier.
In accordance with an act Of the Leg
islature passed few days since, the ex.
ecutive officers met at the Capitol on
Friday last, and decided who were elect.
ed from this State to the 43d Congress
which sits to-day week.
The Governor refused to attend the
meeting, adding, if possible, to his
reputation for obstinscy, an indisposi-
ton to lend aid to secure representation
in the next Congress. We need not
dwell upon his perverse course p articu
larly in regard to this matter. His hy-
potbetical and evssive report in regard
thereto is as well known as his general
timidity to speak, except when his per-
sonsl qualification or pique is involved.
We subjoin the reasons upon which the
Secretary OF State based his decision,
and in which all OF the Board present
concurred. In accordance with this
decision, therefore, our Representatives
will be Hon. Benjamin Wilson, OF the
lst District; Hon. Benjamin F. Mar
tin, OF the ID; and Hon. Frank Here.
ford, Of the Sd. 1t will be q matter of
great qualification to the people OF this
tate to know that the Governors re-
fusing to certify the elections of our
Congressman was overruled by the
honest effort OF the Legislature, that we
should not be without representation.
1t is well for the people that he who sits
sullenly in the executive Office, refusing
to secure us representation, has not sue
ceeded in his logged and evasive policy.
This man OF straw has been tipped over,
and to-day West Virginia stands ready
to send her representatives to q Congress
in which our interests may be more
seriously involved than ever within the
history of the State. The bills relating
to great internal mprovements-proba-
bly, sppropriating large sums to the
James River and Kanawha canal-wlll
come up this session. II the weak
kneed policy Of the Executive had
been tolerated by the Legislature, our
State would have had no voice in advoI
eating our claims or rights, and we
would virtually have been an ostracis-
ed people The report may well claim
an earnest inspection and close read
ing.
REPORT.
Called upon by the Legislature to
participate in the consideration and de-
cision OF a grave and important cousti-
tutional and legal question, outside OF
the line OF my regular official duties, |
desire to state in writing, my reasons
for the conclusions have come to, sf
ter the brief examination | have been
able to give the question involved.
The act Of the Legislature which
went into effect few days ago, requires
the Governor, Secretary Of State, Attor
ney General, Auditor, Treasurer and
State Superintendent Of Free Schools to
ascertain who were elected representa-
tives in Congress for the several districts
in this State in the year 1872.
The lormslities OF an election were
gone through with for that purpose in
all the districts at two different times in
that year, and returns made OF the re-
suits OF the voting at each Of those times
These results / apprehend are not mat
ters in dispute. The only question pre-
sentng itself for our decision, is, which
OF those times. if either, was, in point OF
law, the true time for holding an cleo
ton for members of Congress. The So
luton OF this question depends upon the
construction that may be given TO the
Constitution and law Of this State and
OF the Constitution Of the United States
80 far as they bear upon it.
The act OF the Legislature, US. pass.
ed, assumes that there was time for
holding such an election, prescribed by
the laws OF this State, in force after the
new Constitution went into operation
and I am inclined to agree with it.
The only law providing for the time
at which such an election should be
held, is contained in sections and . Of
chapter . OF the Code.
Section ! provides that The general
elections for State, district, county and
township officers and members Of the
Legislature, shall be held on the fourth
Thursday Of October"
The provision OF section 2 is: AT
the said elections in every year
there shall be elected Delegates to the
Legislature, and one Senator for every
Senatorial district. And in the year
1870, and every second year thereafter,
q Governor, Secretary OF the State,
Treasurer, Auditor, and Attorney Gen
eral for the State; Prosecuting Attor-
ney, Surveyor OF Lands, Recorder and |
the number.of Assessors prescribed by
law, and a Representative in the Con-
grezs OF the United States, for the term
beginning on the fourth day OF March |
next after the election, for every Con-
gressional dstricr'
Thus the law stood until the fourth |
Thursday in August, 1872, when q new
constitution was submitted to the voters
OF the State and adopted, with q sche-
dule, which provided that an election,
on the question OF rati'ylpg or rejectiug
the Constitution, should be held on that
day, and on the same day elections
should be held at the several places OF
voting for all officers required by that
Constitution to be elected by the peo-
pie. No other general election was to
take place under the new Constitution,
for the year 1872. But general elections
were to be held on the second Tuesday
10 October
i; seems to me very clear, that the
second Tuesday in October was not the
time prescribed 'or holding an election
TOR Congress in 1872 Any reasonable
construction would exclude that day. !
The time was either the fourth Thurs
Iay in October "a rrescribed by law or |