New-York tribune., 1874-01-24
TIE WEST VIRGINIA CASES

THREE REPoRTS-A REVIEW ~ THE CASEs-AN
ANIMATED DEBATE EXPECTED.
| ITRoM REGULAR CORRESPONDENT OF THE rRrBUyE.l
WASHINGTON, Jan. 81. - The failure of the
Committee Of Elections TO agree the West Virginia
cases makes an animated controversy certain in the
House. aud gives to the contest some public interest
The Committee il divided three parties, which find
their counterparts in the House Five Of the members
ALI Repubicans sustain the October election two the
August election, while two are In favor Of rejecting
both oontestng delegates as Illegally chosen Ii
is often that there question with three sides "
IT, like this, aud ts discussion promises to be much
more interesting than that OF most contested election
| cases
or the two OF Representatives. claiming seats from
the Is and I'D Districts OF the State. chosen
Oh 22d August the other the fourth Thursday OF
October OF last Under the old Constitution OF the
state the statute, conforming provision OF that in
strument appointed the last named day for holdng the
general elections for State district and county OIL
GERS and u the next succeeding section provided that
members of tho House of Representatives sheul1 be
the said elections referring to these general
State elections The Convention which submitted tho
revised Constitution tho 22d Of last August provided
in schedule, which ratified along with the Constl-
uon for holding the general elections for state dis
rct and county Offices for that year on the same Day
while for subsequent years the Constitution then raul
fled set these elections for the second Tuesday
OF October the August election approached, dis-
cussion arose touching effect OF what had been done
by the to the time for electing members
OF the House of Representatives. 1t was heid on tue
one hand that the Convention having undoubted power
to general elections for that year on another DAY
than that fixed the old Constitution aud reprinted In
the statute and having changed the day. tho Congress
sonal election OF necessity followed this change,
because the language Of the statute was, not that Con
gressmen should elected the fourth Thursday or
October at the general State elections the meaning
of the statute being not that the CongreSsioha'
election should be held on speclnc date' put
coneurrently with the State election, whenever tae
might be- and that therefore, the action OF the Convon-
ton change the provisions Of tho statute relating
to the choice OF congressman but their election on tho
day set by the Convention in accordance with the
intent aud effect and indeed with the very letter. OF the
statute itself On the other side IL was held that wheh
the statute fixed a day for holding the general state
elections and provided for holding the Congressional
election "at said elections 1t must he construed as II II
had SAID the be held on the fourth Thursday
OF October without regard the general State elecons
and further, that the Convention had no power 10
change the time fixed by statute directly or lnd
recty although such conventions create legislatures
and confer them all the powers they possess in
brief side held that the provision OF the Consttu
ton OF the United States. that the timc for eectng
members of the House shall he fixed by the State Legs
lature was satisfied II it had been fixed by convention
exercising not only the legislative powers OF State but
but that in the present case nothing OF ths
kind occurred because the peculiar wording OF the
statute its intent and its effect conformed the tme OF
tine election to OF the State election.
which the Convention had unquestloned power 10 hx.
The other side held, brief that the Constitution OF the
TTnited states would he satisfied with nothing but the
act Of tho Legislature itself and that in this case the
Con yenton neither had could have modified the pro-
visions OF legislative i'll relation to the election OF
Cor gressmen did the statute contemplate that such
election should follow and conform to the time OF the
elections The arguments IN support OF nese POSI-
too elaborate iOr statement mere.
THE AUGUST ELECTION UPHELD BY TIE PEOPLE.
The mass of opinion throughout tho state was in favor
of the legality OF the August election There was fu
recognition OF by both partiesin the st and lid
Districts the Tst. the Democrats to be first IN the
Held held a convention under the regular machinery OF
their party Clarksburg. and nominated Col BENJAMIN
Wilson OF Harrison County The Republicans OF the Ist
District feeling doubtful OF their strength and disposed
10 encourag the growing disafecon among the Demo
Gratis declined make a nomination. The Hon. John
j. Davis, then member OF the House. Democrat, who
had opposed Mr. Greeley in 1872 and supported the Ban
ton Duncan movement, announced himself as an inde-
pendent candidate. Gov. Jacob who had been refused
denomination by his party, was IN the Held AS an nde-
pendent candidate for Governor Davis had declared
himself against the revised Constitution the work or
the Democratic Convention. This gave him the symps-
thy of the Republicans who sought to defeat the Con-
stuon and who gave him their almost unanimous sup
mort The canvass was "a one, and the result was
the largest vote cast in the District Mr DAVIS
elected
2 33-ove 1000 greater than the corresponding vote IN
1870. In tue lid District tue Hon Charess
j. Faulkner aspirant for congress, printed
an opinion adverse legality ofvoting for Congress
men in August. Other Democratic leaders ln the dis
trct took the ground and the result was That the
uarty in that district determined to ignore sch an cleo
ton and TO hold in October. Ihe Hon, John
Marshall Hagans OF MorgantOwn Republican VINO had
been member OF the Constitutional Convention, offered
himself and voted for pretty generally throughout
ocers to receive for Member OF Congress-
and in others where large Votes were cast Tor hi the
ccTtfy the vote to the Governor. The Governors
proclamation however, showithat there were certified
Hon Alex r. Boteler 47 for Ward Lanon and % for
Others. the lid District both parties had cand
Gg the regular Democratic nominee, and Mr. j. Brisbin
Walker the Republican Tue whole vote OF tne district
4i26 OF when MI hereloIu roccNcu ii'o'|' "uu
Mr. Walker 2,76S
RESULT OF THE OCTOBER ELECTION
The result In the LIST District being satisfactory
Col Wilson, and that IN the lid not being agreeable to
the Democratic Congressional asplrants there, Col.
wilson offered himself again in the Is and Mr. b. Frank
Martin lawyer OF Pruntytown, Taylor County, was
nominated in the lid by Democratic District Conven
on for election at the polls, to be taken the fourth
Thursday OF October. Mr.. Hereford again offered him
self in the lid There opposition candidates
in either district, the Republicans and Independents
generally refusing to recognize the validity OF such an
election and the shows that large majority Of
both parties refused TO do BY general acQuescence
OF the county DOarus polls "eo oPono" III noe' Vi 'no
counties OF all three districts This election resulted OF
course in the OF Messrs. Wilson, Martin, and
Hereford Tho whole vote in the Ist District was 1922
whereof Wilson received 30s, the other 39l being scat
tered among 70 persons Including Horace Greeley and
jeff Davis In the ITdSthe whole vote 9,925, OF
when Mr Martin had 5.94s, the rest being divided
among 10 persons In the lid the whole vote was e2lO
of which Mr. Hereford got $780, and II persons received
the remainder. ..
Hereford chosen III August, and Messrs. wilson,
Martin, and Hereford in October. Comparisons OF tho
vote show that in the Ist and lid Districts It was
larger in August while the I'D II was larger in Oco.
ber though perhaps me latter would not have occurred