The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-02-02

sound Republicana-men OF the bounuest
kind-I have found scarcely any Grant
men, Imean men whose first choice he
is; while many-in fact most-denounce
the idea Of third term"
The Register and the Maine Case.
The Register endeavors to salve over its
gross partisanism in suppressing in the dis
patches the official opinion Of the su'
preme Court of Maine, rendered in answer
to the queries submitted to It by the Fu'
sion Legislature, by this sort OF an excuse
in It's issue OF Saturday:
I l"The editor OF the ISTELLIdEScER hay
ing lodged an opinion on the Maine DUST ~
ness from the beginning OF the middle tlll
now, comes to time with criticism on the
Register for not sacrificing its space 70 TWO
or three columns OF supercilliousa argument
by the Supreme Court OF Maine"
This IL a pliful excuse on the part oil
the Register. After persistently attempt
ing to throw sand in the eyes oil Its
readers as to the real points OF issue IN
the Maine case, 1t denies them an oppor'
tunity to read a statement Of said points
az set forth by the regularly constituted
authority inMaine, the Supreme Court, for
passing on such cases when submitted
| by the Governor or the Legislature.
BY the Registers permission.we will jog
| its memory little as to the sundry refer
ences to the case in the 1STELleEScER
from time to time. For instance, it will
find the following reference to the case in
the ISrRLLIoEScER Of January sth:
"The substance ofthe Maine decision is
that an election is to ascertain the VIII OF
the majority OF the voters; that this WIZ,
once expressed, cannot be defeated BY
any errors or omissions, or through the
practice OF the judges OF elections, the re-
tnrning officers, or any other persons ap-
nointed to execute the law and hold the
election. II decides that, where the Will
can be discovered from the returns, then
that will must govern. IL declares that
the voters shall not be DISTINGUISHED. nor
any portion OF the people DISTINGUISHED,
because OF the mistakes or errors oil the
election officers.
That we understand TO be the common
| law Of American elections. The Supreme
Court has laid down the lawas 1t has been
asserted IN nearly every State OF the
Union. The Judges themselves are non,
partisan, The court has been recognized
In Maine as free from partisanship. One
of the Judges Is. of the bench, a strong
member OF the Democratic party. Two
Others OF the Judges, so far as is known,
are not Republicans in the sense OF being
party men, and 1t is supposed voted the
Fusion ticket. The court was unanimous
in its opinion, and that opinion will be &C.
copied by the almost unanimous voice oil
the American people.
Again, on January 20, the Register will
probably recollect the following criticism
on its position as to the legality of the
rival legislatures:
According to the Wheeling Register, the
Supreme Court OF Maine had no judicial
relation to the Maine imbroglio, and
therefore It's decision was OF no obliga.
ton. Why then did Governor Garcelon
set the example OF referring certain ques.
lions 10 that court for an opinion2 Was
il to be case OF "heads win, tails you
lose?" That IL, II the court decided for
Garcelon, they are all right, but II against
him, they are wrong.
Now It seems that it has been an i'm
memorial practice in Maine to refer just
such questions to the Supreme Court, and
all the parties have requested its opinions
as having the force Of law. There was
nothing new in the reference, 1t was
strictly In the line OF precedent.
But, says the RSDiaeT, the only proper
authority to Judge OF the sutiiciency OF the
returns Is the legislature. The whole mat
ter then resolves itself into this status,
viz: that Garcelon having first constituted
himself a primary inquisitor General Of
the returns, and having passed upon their
sufficieucy and declared certain persons
elected, these persona, thus breathed into
political life'by him, are to come together
and pass upon the Governors work, and
say whether they themselves or somebody
else are elected to the legislature.
This Is the way the Register puts the case
before its readers in It's issue Of yesterday.
Going back in our files to December
Slst, the Register will find an article quo
ting the opinions OF John Quincy Adams,
the Springfield Republican and the Boston
Transcript, to show the nature OF the at
tempted fraud in Maine, and, still further
back, on December 29d, an article headed
'The Maine Fraud" in which we spoke oil
the "crime committed in Maine as bold
and astonishing in its nature"
The Wheeling Register is apparently un.
der the impression that its opinions on a
subject are all that its readers ought to de.
sire on disputed point. Most newspa-
pers nowadays consider that 1t is the
province OF a news journal to let both
sides be heard on case Of such moment.
The only excuse that We can make for the
editor not publishing the Supreme Courts
opinion Is, that he has more important
matter these days to attend to in the shape
Of grapevine special dispatches from
Washington. His valuable space is so en-
tirely taken up with these specials" that
he has no space left for the regular news
Of the day.
OUR WEST VIRGINIA INSTITUTES