The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-10-29
TERMS OF SUBSCRIPTION.
Ghe 9tstelligetlrrrsetr.
COUNTED our.

aaisa 81. h Tdf- ; - 3e4
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ga asa COUNTED our. 1e's'
The Standardized la the second Distrlct
IL Named James q. Furbef, but he
VIII Pos,ibiy Noi Get His seat t.s1
FAIRMUSr, W. Va, October 81.
Edition. IntsIlIseneer. 90 hasauus I
The Democratic counting out process
hiss been instituted in this county. Fifty
ol'ths legal voters Of the county have been
disfranchised. An. outrage has been per.
petrated by our 'tretufning board" which
arnnses the just indignation OF all good
ciliEeHs.it III 2 PIT sfll ~ ~
While the commissioners conducting
the election at the court house were rs.
,sembled on the fifth day after election, TO
canvass the vote otgthe county and de.
clare the true result, report reached
them that Hon. James H.nFurbee, the
Republican. Green hacker, had defeated
our own Fountain Smith, the Democratic
candidate, by Ave me- iority. IL would
never do 10 let. Smith Ibe defeated when
a half dozen votes would save him.
! ( The two Democratic members OF the
Board at once began to cast about for the
necessary lsvotes! Their truly impartial
Bourbon eyes fell on Benton's Ferry
voting place. BY some inadvertence the
commissioners conducting the election at
that plGcehad failed TO sign the poll books
AT that voting plsce Smith received u
votes and Furbee 81, Here there were the
necessary votes, coupled with an excuse
for the outrsge-if, indeed, such m'ssra.
HE subterflge can be called an excuse.
Thereupon, ths' returning boatd," by the
vote OF two Democrats TO one Republican,
soIPmnly and with deep regret, iiot course.
proceeded to disiTanehise 40 OF the legal
votes dk Marion county, The poll books,
tally sheets, ballots and all other papers
connected with the election at Bentun' g
Ferry were properly returned to.'and In
the possession of the commissioners, at
the Courthouse > ID tfHili - .f'l' Z
The Commissioner who conducted the
election at Benton's Ferry, and who are
three of-the best-and most respectable
ciliz-ns OF The county, appeared before
the board and offered to sign the poll
books, 10 identity all the books and papers
kept by them, and the package containing
the'bsiIots, and give all the intOrmati9p
necessary 70 enable the board TO ascertain
theitrue result OF the election, but were
not identified 10 do so. HVc ~ =
Theisw de6ning.tbe duties OF the Com.
missiopers conducting III 9 election at the
Court House as q canvsssipg board is plain.
session g9 of the election law in the Acts
of the Legislature oil lS72-3 provides that
E,the Commissioners may, ~ deemed nee.
esssry, require the attendanre otiany OF
the missioBeFsOr other officers or per-
sons ipresedt az the eleeltIn TO answer the
questions under oath respecting the same,
and may demandstbe production oil the
hsliois,'5olI boo ks and certificates cOncern:
inv the said election flied in the office Of
the Dlprs Of the. COnnty Court and m EE
such other ogds. ~ iigg ssS'n p ogsf 70 procure
correct r,tgFasi aud dse'Tfaia w frtts TeSuAH4 p
he slid election, Ia heir cp4piyN 81 tgo3;.-s
tins xlst OF which is, Illat, they shall as
certain hy. any. legal means the truere-,
sun Of l6a election Ii the officers CON.
dpctirp the election eeEi;tythe result, ihat
ia sufficient proof 10 make. n yFJnia I1cif
case. III, however, they fell TO duso, then
m. Commission Rhoul seek sucr Other
evidence, ~ viii enable them, II pos.
sible. 10 HprocnTe pOrIsGt Gst9Ips and as
CERTAIN The true resulp Of the eleclton. u
ia manilastly not the. duty OF The Commits
sioneTs 10 Geek anlopportuniIy to reject
legal votes, bot on THE contrary, 10 aseer-
tain what the legaLvnteIs d'd.
The special court which itsed ne case OF
Loomis We Jacks, very properly feys:
"Many prnyisions- Of the Law. In regard TO
the manner u holding aud conducting
me election and counting the votes, and
certifying the result, mustsbea held 70 be
direct9ry only, and ipIendsd 10 point
out Is Is inexperienced sPt glEPoreut
nsrsons ghoH sometimes act %
election officers, plain, easy and 'di-
Tect wsy BY which they are 70 attain the
great end VI Ihelrac TeR, ion. VIII To,aieer-
ram lie true result Of their election,
u hen the true result OF q legal elt4i!en
ho. bseT, ascertained by the otEicefsGh alg:
ID wIth the performance Of this duty, no
in, snp r{,y, mistake, 81 even fraud com;
mitieti BY any Of tiB officers conducting
the 6slectior, or BY any Diner peTs5a, eau
be permitted to defeat the fair expression
OF the popnlsr willFxpiessed IN said cleo;
tim. sec. 8, West Yi,gini4 Reports, page
Bl5. Tide courts with nnamimIly hold
thai where II ia possible to ascert4in the
true result, no irregularity, in'sconllG', OF
failure on the part Of an ELECTION officer,
or other person, shall Vi late an cleo
ton otherwise legal The 'trhe resu,t
ot' the election held at Benton's
Ferry could have been ~ascertained
with as much certainty as.atsny other yos-
wsIl Know Known 70 he G6mnissionsis. And
vet this poll is rejected, and as q colsS:
ouenee MIR. Smith elected. viii Mr.!
smith accept the office urder the circum!
star ces? Can lie afford Z We think not.
~. Smith made many speeches during
t6eieaLySss aud never forgot to condemn
P esident Hayes tar accepting an office e
which, Mt Smith said be Yes not elected.
In the face nt,all this can NJ. Saith &c;
c9pt 40 oftics whichhe knowsinil well be
was not elecled? il Is but jdst 70
Mr.. Smith TO say he WAS not al
Fairmont when the "returning board
was 10 session. He had nothing to do
With the affair so far as / hear. ! do not
think he would have. His friends think
he. will denounce the Commissioners and
decline the seat. II, however. he insists
in holding the seat, Mr. Fprbee should
contest 1t. The Senate Of West Virginia,
however partisan, will not dare disregard
the well settled aud long established Law
Of this State, as well as Of almost every
; tate in the Union. The technical rules
insisted upon by our Commissioners
would exclude tie polls Of more than
nine.tenths OF the voting places In The
State. Indeed, II Is extremely doubtful
whether at asingle voting place in abe
state the strict letter OF the law was
followed in every respect. Toinsist upon
snch q rule would be to render elections
absolute farces-all would depend upon
the whim, caprice, intelligence or honor
Of the election officers. This is. putting
premium on ignorance and fraud. Hap
PLY Tor us,sueh 10 not thelsw, q.