The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-05-16
OLD FRIEND IN A NEW DRESS

We find in the Pittsburgh papers the
following dispatch from Harrisburg
under date of May 18th: Hon. JoHN
CESSNA was here to-day looking up the
question OF the time OF the election for
next Congressmen. He says article
one, section four of the constitution Of
the United States provides that the
legislature OF each State shall prescribe
the time for the election OF members OF
Congress. The act of the Assembly
OF Pennsylvania, 1899, provides that
Congressman shall be elected on the
second Tuesday Of October This act
is unrepesled, and unless Congress
changes the time the members OF the
next Congress must be chosen on the
second Tuesday OF October. He de-
clares he will Immediately on his re-
turn to Washington Introduce a bill
fixing the time in November, as pre-
scribed by the new constitution"
The question presented in Pennsyl-
vania is precisely the same as that in
regard to the Congressional election IN
this State in 1872. An act OF the leg
islature passed in pursuance OF the
Constitution OF the United States fxes
the second Tuesday OF October as the
day for the election of representatives
in Congress, but the Constitution which
was adopted last year prescribes the
first Tuesday in November as the day
OF the general election. Unless the
legislature changes it's law in regard to
the election OF members Of Congress so
a. to adopt the day prescribed in
the newly adopted Constitution,
representatives in Congress must be
elected in Pennsylvania this fall on the
second Tuesday Of October, as hereto
fore prescribed by the only authority
which, in accordance with the Consti-
tuition OF the United States, has at.
tempted to fix the day Of their election.
Mr.. JOHN CESSNA seems TO have dis.
covered this fact since he gave his vote
in favor of the admission OF "the Au-
gust claimants" to seats in the House
as representatives OF West Virsinis.
When the West Virginia cases were
passed upon Mr.. CESSNA was among
those who voted to seat the gentlemen
who claimed to have been chosen on
a day not recognized by the legislature
as the proper time for the election OF
representatives, but now that his own
State lie environed in similar Difficult
ty be is ready to concede the principle
for which the West Virginia represen-
tatives elected in October contended.
The Pennsylvania Legislature has
adjourned, without, as we believe, alter
ing the act OF 1889, which prescribes
the second Tuesday of October as the
day for the election Of members Of
Congress. The first clause of section
4 OF Article ]. OF the Constitution OF the
United States reads as follows:
THE times. places and manner Of
holding elections for Senators and Rep
resentatives, shall be prescribed in
each State by the Legislature thereof;
but the Congress may at any time by
law make or alter such regulations, ex
cept as to the places Of chusing Sens-
tore"
This authority OF Congress, Mr..
CESSNA proposes to invoke for the beue-
fit OF Pennsylvania, and he desires the
passage Of a bill that shall authorize
the election of members Of Congress in
that State on the first Tuesday in No.
vsmber OF this year and biennially
thereafter. No such act has been pass
ed in relation to West Virginia; no
action of the Legislature had been
had in regard to change
in the day Of election Of members OF
Congress in this State; and if Mr..
Cessna and other Republican members
of the House of Representatives now
concede the necessity for this action in
the Pennsylvania case, they will virtu-
ally reverse their decision and say to
Messrs. DAVIS and HAeANs that their
pretended election was destitute of the