The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-12-11

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on both sides expressing the belief that Il
there had been any legal election II was
In August; and there seems bnt little rea.
son TO doubt that the ultimate decision oil
the House will be in favor Soi seating the
gentlemen claiming under the August
election.
THE PROMINENT ExPouNDINd ON THAT
SIDE.
The most complete argument ION this
side Of tho quesiion, though occupying
but twenty minutes; was that made by
Judge Lawrence, Of Ohio. The most
terse and lucid statement OF the case was
made In o Terminates speech by Mr. L.
r. HoaT, ot otiMassachusetts, ex.Attorpey
General Of the United States; and this
seemed TO be accepted as conclusive by
all who heard 1t, as to the result Of the
controversy. Permit me 10 recite the
main features OF the argument developed
on this sido by Judge Hoar, MIR. Law-
renee, Mr.. Butler, Mr.. Marshall, OF Ills.,
and others In this discussion. Ihavenot
the official report at hand, and write now
only from recollection OF the debate. The
line OF argument on this side was about
as follows: =. r y-rr7-y.y,
The Constitution ofithe United. States
requires that the times for choosing mem.
bers Of the House Of Representatives
shall be fixed In each State by the Legis-
lature thereof In West Virginia the Leg.
islature had fixed the time not by naming
q specific day and month, but by relation
to another event, viz: the general State
eleetions, as Legislatures have sometimes
done In other States. The general cleo
tions in West Virginia had been appoint
ed by q provision Of. the State Constitu-
ton for the fourth Thursday OF October.
The Legislature enacted this provision a.
the first section OF the statute governing
elections; and In the second section Of the
same act provided that members OF Con.
gress should be chosen at these general
elections,"- said elections" being the
exact language Of the reference.
Rx.ATToRNEY GENERAL HoAR's OPINION.
This, Mr.. Hoar said, clearly meant that
the two elections we're to be held concur
rently, and that 1.-THE time Of holding the
general State elections was changed, the
election Of Congressman followed OF ne
cessity, the intention oi the Legislature
being that both elections should occur at
the same time, and the time for the Con-
gressional election being made TO depend
'tlIe time:i for the State elections. TheI
Convention which framed and submitted
the revised constitution-leaving out oil
the question its powers as legislative
Body, under some circumstances, within
tho meaning Of the constitution Of the |
United States-unquesti ionably had power |
to alter the day Tor general State elections.
It did this by q general provision fixing
them after 1879 for the second Tuesday OF
October; and for 1872, by provision in the
Schedule, appointed then for the 22nds Of
August, theiday on which the constitution
was to.be submitted. If there was ever
any question about the legality Of electing
officers under constitution at the time
OF voting on that instrument, that ques-
tion existed no longer after, the constitu-
tion and schedule had been ratified blythe
people Of the State. The new constitution |
anu a, sonSus :s,..s;5 oo,5 ~ ,,rr.t
since anu ihciuulng tne a1nu VI assas.,
Wnat was tne new osat9 GS ~ 'aos piUuaHe pan.,;,
tional provision in regard To- general State
elections appointed then for the second
Tuesday Of October after 1879; the provls.
ion OF the Schedule fixed then for 1879 on
the 22nd OF August. By the Retrospective |
operat!on " 'ae ~. la.,ioaso' ,hn 49, ~ M
were lne iaW Ifo1l my the nlss nou. ..., " o,as .ue
iast named gay. Mnen tne augus. A see,;. sieo.
tlon was heiu, lheleioie, ue nisa '.tI s..,ton ~.
o. the elecuon sla!uIe nau .;;an peen a.eseu p
ING 9psiauon " iae aa sotsssSa sn.ssS,;on nuu =
scneauie, anu " !ne ssme ga,o
was maae 70 Leau IL else. 49, suss s..t ~ to. snS
tne general elec9ons s ios Sa'o n u,siS. ~, ,ha
SSud S " % Ausnst and and % for subsequent wears
~ ,nuI ,be a. oecand asTT Tneadav @ of 0ctaber The
oaoond on cmS s ssc,;on oi ,he ststnte remeinino
] nm mnJ;sed aS n tbe election 'of CONGRESS.
nan = cnn,innsd n N mr. nrov;de that thew shonId
ha e nhooan = at he AZ gererai % election for State
co,nta co | and dis,s;ct officeys referring 10
tba a., section and coniorm;nc tbe lime
~ az ,hn 't Is,sst s,sction N ,he farmer Itl
fn1lnVypd that urier the DreClSe wof ding, |
40 Sve,l as intent Of the statute Congress.
man M % had to be elected in August last wear,
hacan0e en M ir The Constitution should be rati.
SeJ oo NO o,ber State election could he held
,he, eu H user. % and The cnnstitntion being rat1
;aaS NO no oiher was held IF ratification
had | failed The I'D election machinery
lsn,,,d na~ % have a sors 20 or no theretofore. and
~ Mou,e ra,,,Is, n state election and Compress
;nroi ;ne ~ siect;ou I wonIS have been hesd On
H. ,al soIr,h Sn SSrrsSsD " n Octobef "A iisrai
an. Ins 'vSfsl ,Sn naw cSnst;tstion and schedule
pus ",s,na sr heen % ra,ided accord;no tn the view
aass ~ .hes .ose 0se hsvs enSesyored TO state the
oi oioc,;ou s"S u9 ~ ronsresSnen II, August was
IL s,eST s,r;ot and eimnle obedience Ia the leg-I
ia,a.ins ~ ss,S' @"c c,nept nm 'tha n,hieet I
'''a'se elssss a.'.... -, - -, o-r,.n s,nvGY
THE poiNrs 1a TIE yrhes ~ ~ si1s 5e;ons.
The poinW reneu on ny tue oS.opet