Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-12-30
NO BACKING DOWN.
GOV. GARceLoS WILL NOT SUBMIT
MOrilPs Questions TO the Supreme Court
Large fusiOnist Meetings in Belfast
and Rockland-The Governor
Warmly Endorsed.
Gov. Garcelon Defines His Position to
the New York Herald.

Garcelon gave me tonight the following
card for publication in the New York
Herald in answer to a request Tor an ex-
planation:
AUGUSTA, December p, 1879.
"IO j. O.. BeanSH, Editor Of DE Herald;
''The difficulty grows out OF the fact
that the Governor and Council contine
themselves to constitutional and legal
provisions in tabulating and counting
the votes as returned by municipal otii-
Gers. The constitution makes certain
things To be done by them imperative;
the law supplements Others, and our
Supreme Court has given official opin-
ions a 10 what is 10 be done under GER
tain circumstances. Every year there
have been defective returns rejected
that is, not cOunted-iOr noncompliance
with constitutional or legal provisions.
But this wear, in addition 20 the usual
occurrences in this direction, sort OF
mildew or epidemic seems to have in
fected several Of our larger cities. These
returns are fatally defective, not only as
would appear TO an ordinary mind. but
as decided by the rules laid down by
our highest judicial tribunal. Ii is al
legged, however. that by law passed
in 1877 the Governor and Council
have authority 10 make alterations
or amendments OF the returns, but
unfortunately for their claim that
law, even constitutional rs applicable to
Senators and Representatives, confines
any correction of the returns 10 the rec
ord made in open town meeting, and IN
the cases where an attempt has been
made correcting the record, n any exist
ell, was found 10 agree with the returns.
The simple and only question therefore
is, shall the Governor and Council tol-
low the mandates OF the constitution,
the law and judicial decisions eNplana-
tory thereof, or in obedience 10 popular
clamor violate their Oaths of office,
trample the constitution under their
feet and forfeit not only all self respect,
but that which they have right to
claim both from friends and foes SO long
rs they adhere to the line OF duty?
Very truly yours,
"ALoNzo GARCELON."
Morrin's Questions.
AUGUSTA, Ms, December 29.-It is
the general opinion that Governor Car
celOn will not submit To the Supreme
Court theQuestiOns prOpOunded by Gov
ernOr Morrill,. The Republicans will be
prepared for this and present the ques-
tons through a majority OF the mem
bers of the last senate. As il is thought
the proceedings would conform 20 the
rNaanHH -
legal means before others are tried.
Mayor Nash, OF this city, will to-day
address letter TO Governor GarcelOn,
urging him not 10 call out the militia on
the assembling OF the Legislature, as
that would provoke the bringing oil
force on the other side. He will state
that the extra police force provided by
the city is ample 10 preserve the pubic
peace.
o. ID. Baker applied, this morning at
the Secretary Oi states office, Tor au-
thoritv 20 examine the returns from
Pennington. lie was answered by
Councillor FOgg in the negative, which
was accompanied by proiane epIthet.
Notified to be Ready to March.
PoErLANp. December ~. - Captain
Lynch, OF the Montgomery Guards, has
notified his men % be ready at a mo-
ment's notice. from which IL is inferred
the company, with the light infantry,
will be called 10 Augusta.
Peace Preparations
AUGUSTA, December 29.-tiOv. Garce-
lon went 10 Belfast to-day 20 attend
meeting called % sustain the course OF
the Governor and Council. \ similar
meeting was held this evening in Rock
land. The Governor sent for the Mayor
this afternoon % consult in regard to Il
proper police force for preserving order
on the assembling 0f the Legislature.
The Mayor had Just finished writing
communication 10 His EXCellcncy on
the subject, and conveyed il in
person. Mayor Nash was CourtcOuSly
received, and assured the Governor
that all needed preparations hat been
made for keeping the peace; two hun
dred extra Policemen have already been
appointed. and that this number would
be- increased 1t the cXigcucy Oi the case
required IL. tie said he Was able 10 keep
order, and begged the Governor not To
bring troops To the Capital or make
preparations for armlng them. lie
thought the citizens of Augusta would
bear him out in these assurances. The
Governor talked quite freely, and M
formed the Navur that he had q great
dislike Oi the idea of bringing troops
here, and should not do it % peace could
be maintained i'm amy other way. 10
would be his duty % preserve order and
prevent interference with members OF
the Legislature.
Governor Garcelou Refuses to Submit the
Questions in Dispute 70 the Supreme
Court.
AUGUSTA, December 2g.-The Gov
ernor has decided not % submit to the
Supreme Court thequestious propound-
ed bv Morrill,. This is SObtaiucd uu good
authority, though iJ may not bee put
in writing before tomorrow. The
excuse for not submitting is that
most of the points have already
been adIudicatcd upon, and there
could not be opportunity % organize
4 legal Legislature ii the decision of the
court were awaited, as certificates must
be issued 10 members twenty days be-
fore the assembling %. the Legislature.
In addition, the Governor claims that
ne has no legal right % withdraw
the certificates ISSUED, auI since each
house il Judge oi It's own elections, n
there are wrongs they can be rIghtcd.
The Governor continues 10 receive nu-
merous petitions from an parts of the
State praying that the law point, in
volyed may be referred 10 the supreme
Court.
Meeting IN Rockland.
Ro,KLAND. December 2D-Thc Green
hackers and Democrats assembled this
evening tu endorse the action oi tu"
Governor and Council IN counting the
election returns. Large delega-
tiOns were present irum Camden,
Thomaston and other towns. embracing
leading Democrats and Grpcnhackers.
Hon Thompson III. Murch, VI. c., en-
dOrsed the Governor, who. he claimed,
hal only followed the constitution and
laws, and also said that in more Green
back and Democratic towns votes had
been thrown out than Republican.
Law and Order Meeting IN Belfast.
BELFAST, December .-llayfOrd Hall
was packed To its utmost capacity this
evening in response to a call for law
anil order meeting 10 sustain the Cover