The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-01-29
The Debate on the West Virginia
Case.

case
Mr. CRosILAND, one Of the members {
the Committee on Elections, In the cours
d his speech in the House on the We.
Virginia contested case, on Monday las
illustrates ina very familiar way his vie,
Of the difficulty and muddle in which tn
subject was involved from the Augun
standpoint: ul @r EB'.i.Ii
"No one denies that the Legislature ha
the exclusive power to prescribe the tim
for the Congressional election to be held
bat those who GEEK to malnsaint the Au
gust election argue that the Legislatur
did not fix day, but an event or oCca
sion, and that Constitutional Conven
ton could altar or change this event OF
occasion, and that the Constitutions
Convention in the schedule did in fac
altar or change the event or occasion
from October 10 August. This argument
reminds me ol Tony Lumpkin's riddle
I"WhAt is that that goes round the house
and round the house and never touches
the holse2" believe Tony never ex-
planned. Hereis an argument that goes
round the question and round the ques.
ton but never touches II And believe
can aptly illustrate the force Of
the argument by another quotation from
Tony, in his description Of the route he
led his mother the night she ran away
with her niece and the jewels: "First, I
took them down Feather.bed Lane, where
they stuck fast IN tie mud; then ratified
them crack over the stones on Up and
Down Hill; / then introduced them TO the
gibbet in Crack-skull Common, and from
that by q circumbendibus fairly landed
them in the horse.pond at the bottom OF
the garden" Gentlemen admit that the
Legislature only could prescribe the time.
The enactment that have read shows
that the Legislature did fix day, but
gentlemen argue an occasion was fixed,
and by this circumbendibus, attempt to
establish the validity Of the August elec.
ton. Surely the Constitution never in
tended that legally prescribed day for
this important election should be altered
in this roundabout way.
To these remarks Mr.. WILSON of Indi.
ana replied as follows in the interest of
the August claimants:
You may call It an event, occasion,
time, what you will. The Legislature Of
the State Of West Virginia simply say in
this law that when q general election Is
held in the State Of West Virginia, then
You shall elect members Of Congress. l
do not care whether you call II an event,
time, occasion, or what not, that Is the
whole point AS the law stood prior to
the adoption Of the new constitution, that
day was 10 be the fourth Thursday in
October, and tho Legislature had said
that when that general election was held
the Congressional election should take
place. Does the Constitution OF the
United States provide that the Legisla.
ture shall fix the time Of holding gen.
eral election ? No, sir, that is a matter
that rests with the people Of the State;
and when they get together in their dele.
gate capacity to make new constitution,
they have right, either by the terms Of
thst constitution or BY the schedule sub
hitting 1t to the people, to FIX the time Of
the general election.
The people, acting through their dele
gates, did fix time Tor holding the gen
eral election; but the Legislature had
formerly said that the time for holding
the election for members Of Congress
should be when the general election was
held. Therefore the Legislature did fix
the time. They fixed whatever time was
the time Of the general election, and no
matter by what process the people fixed
the time Of the general election, this act
Of the Legislature was continued in force
by the very terms Of the new Constitu.
tion. They fixed the time 10 hold the |
election Of those officers, and when they
had fixed the time for that general elec. |
ton then the act Of the Legislature at. |
tached 10 it and fixed the time when |
members Of Congress should be elected. |
That Ia the whole point in the question |
before US. Therefore, when gentlemen |
say that the Legislature Is required TO fix |
the time, II is perfectly palpable to my
mind that they did fix the time for mem.
bers of Congress to be elected. But the
Legislature was not bound to fix the time |
when this general election should be held. |
The people through their delegates fixed |
the time Tor the general election; the
Legislature fixed that as the time for the |
election OF members Of Congress. be-
lieve that Is all care 10 say upon this |
subject now.