The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-03-24
The Conxress,uoai Election.

The Legislature recently called upon
Attorney General MATHEWS for his o.
fca al opinion as to the legal day upon
which the C Congressional election should
be held in this State. His response ia
clear, sucsinct and IRE utable Ii
accords e1sctlv with the opinions OF the
most distinguished lawyers of the State,
whose views were collected and publish,
ed 10 the REeIsrRR last summer.
We annex this document as we find
it in tue Journal OF the Senate ioi
March 10Th:
STATE OF WEST VIRGINlA,l
CHARLESTON, March 6. 1873.
Hon G. d. Camden, Chairman:
DEAR -SIR-l have received your let
ter Of the fourth instant, informing me
OF the action OF your committee, it,
$ rncting its Chairman to r'qTest my
opinion az to the legality of the cleo
tic us held or members OF the Hou-e OF
Representatives on the twenty-second OF
Aus gust, the second Tuesday OF O..toher
and the fourth Thursday of October,
1872.
The Constitution ofthe United States,
article |, section Nv, provides that the
times, places and manner Of holding
elections Tor Senators and Representa-
tive,, shall be pr escrlhed in each State
by the Legislature Thereof; bui the
Congress may at any time by law make
or alter such regulations, except as 10
the places Of choosing Senators. In &C
cordance with the requirement the
Legislature Of this State, at its session
in 1868 enacted q law rqniring that
al elections to be held on the fourth
Thureday OF October, 1870. and every
second year therea ter, a REPRESENTA-
tive in the Congress of The Cuited
States tor each district should be elect
ed tor the term be .inning on the fourth
day of March next alter the election
Code Of w, Va q. As, secs. l and 2;
Acts of 1863. p. ia, ch 100, sec. l.
There is no act OF Congress altering
this regulation which has as yet taken
effect.
The Constitutional Convention, il i,
had the right to repeal, alter or modify
this law, did not attempt to do 40. The
Constitution provides that the general
elections OF State and county officers,
and members Of the Legislature. shall
be held on the second Tuesday OF Octo-
ber, until otherwise provided bT law;
but il silent as TO the time Of holding
elections for Representatives in Con-
| greas: Constitution, art. l, sec 7.
The Schedule of the Constitution re-
ouired that elections should be held at
the several places OIL voting established
by law in each county, on the fourth
Thursday OF August, 1872, for Sena-
tors Members OF the House OF Delegates,
and all officers. executive, judicial,
county or district required by the Con.
stitulion to be elected by the people, but
there il in the Schedule no provs on
concerning the time Of elections for
R representatives in Congress Consti-
tuition and Schedule, page 43 and "A
Neither the Constitution nor the Sched'
ule contains any precision which
changes, or was intended TO change. tie
time fixed or holding elections OF Mem
bers OF Congress, ano the Constitution
expressly continues in torce all laws
which are not in conflict with any o. llt
PROVISIONS. Constitution, Aat VII,
Sec. So. The law enacted ia 1862, Code,
page A, so far as it fixes the time o
holding the elections Of Representa-
tives in Congress ia not repugnant to
any provision OF the Constitution and Il
still operative. =,
lam, therefore, OF opinion that the
cleo ions o. Representatives in Congress
held on the fourth Thursday Of August
AID the second Tuesday o. October
1872, were authorized by anv law, and
that the legal elecio's Of R'present'
stives in Congress were those hela or
the fourth Thursday OF October, 1877.
Very respectfully, your obt verVt,
HENRY NJ. MATHEws,
Attorney General.