Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1873-04-01
LEGISLATIVE,


ton of Mr.. LaidIey. the following resolution
offered by Mr., Butcher, the day previous, was
taken from the table and adopted
Resotoea, That the House hereby directs
that the committee appointed, or TO be APP
pointed as committee of conference in ac>
cordance with the request of the Senate. com
municated to this House March IS, shall take
into their consideration, alone, the question
of recess and such legislative bills as REQUIRED
speedy and immediate action, and are hereby
forbidden to entertain the question of the re,
moval of the Capital.
In the House. on the 2ls. ultimo. Mr..
Taylor, of Richie, presented the petition of
w. A. Stricken, &C., of Ritchie county, pray
ing the passage of the Senate bill IO8. which
prohibits the unlawful retailing of ardent
spirits. Referred to Committee on Taxation
and Fnance
Mr.. Hudson offered resolution directing
said Committee to return said bill TO the
House. MIR. Davenport objected, and it lies
over.
In the Senate. on the 22d u!t.. Senate bill
ib9, to compel railroad companies to make
annual reports to the Auditor, prescribing
penalties for failure to make such reports
and empowering the Auditor to make further
investigation was heard by vote Of Is to 8 ::
The Congressional Election.
The Legislature recently called rron At
torney General Mathews for his official opinion
as to The legal day upon which the Congress
sional election should he held in this State
His response is clear succinct and irresu,able
and aceords exactly with the opinions of the
most distinguished lawyers of the State. We
annex this document, as We find it in the
Journal of the Senate for March 10Th:
STATE OF WEST VIRGINIA.
CHARLESTON, March 6. 1873.
lion q, d Camden, Chairman
DEAR SIR have received your letter of
the fourth instant, informing me of the action
OF your committee, instructing it's Chairman
to request my opinion as to the legality of the
elections held for members of the House Of
Representatives on the twenty, second OF Au
gust, the second Tuesday of October and She
fourth Thursday OF October, 1872
The Constitution of the United States,
article l, section ", provides that the times.
places and manner of holding elections for
Senators and Representatives, shall be pre-
scrioed III each State by the Legislature
thereof; but the Congress may at any time
by law make or altar snch regulations. extent
as to the places Of choosing Senators. In ac
cordance with the requirement the lryisla>
ture OF this State. at its session in 1868, en-
acted law requiring thar ut elections to ba
held on the fourth Thursday Of October. 1874
ana every second year thereafter, a Rpnr.-
sentative IN the Congress Of the United States
Tor each district should he elected for the term
beginning on the torrtI, lav Of March next
alter III" election Code Of " Va, y 10. secs
and 2; Acts of 1878, y. III. ct, 100. sec. l.
There is no act Of Congress altering this
regulation which has as yet taken effect.
Tho constitutional Cnnven:ior, if it had
the right to repeal, alter or modify this law.
did not a.tompt to do so. The Constitution
provides that the general elections of Suite
and county officers, and meInbers Of TIE Leg,
i7'atnre, shall be held on the second Tuesday
OF october, until otherwise provided bv law;
but 10 silent as to the time of holding elections
for Representatives in Congress Coustitu-
ton, art. ], sec. 7.
The Schedule of the Constitution REQUIRED
that elections should be held ct the several
places ct voting established by law in each
county, Old the fourth Thursday Of August,
lS'2. tor Senators. Members Of the House of
delegates, and all officers. executive judicial
county or district required by the Constitu-
ton to be elected by the people. but there is
IN the Schedule no provision concerning the
time of elections for Representatives in Con
gress. Constitution and Schedule, page 43
and II Neither the Constitution nor the
Schedule contains any provision which
changes, or was intended to change, the time
fixed for holding elections of siembers,of Con
gress' and the Constitution expressly con-
tnues IN force all laws which are not in con
tlict with any of its provisions. Constitution.
Art VII, Sec. &C. The law enacted in 1862,
Code. page a, so far it fixes the time of
holding the elections of Representa- in
Congress IS not repugnant to any provision of
the Constitution and is still operative.
am, therefore, of opinion that the cleo
tons OF Representatives in Congress held on
the fourth Thursday of August, and the
second Tuesday of October, 1872. were unau-
thor'zed by any law, and tina. the legal cleo
lions OF Representatives 10 Congress were
those held on the fourth Thursday of October,
Very respectfully, your ob't scrv't,
HENRY NJ. MATHEWS,