Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-03-21


upon this subject, but he thought it was
sufficiently clear to warrant an increase OF
the Senatorial districts. He read from the
Constitution in support OF his position.
Mr.. Fulkerson said he could appreciate
the position of the gentleman from Ohio,
(Mr. McNell). But it was not the purpose
OF the caucus to bind any mans conscience.
The Constitution Clear.
Mr.. Wilson, Speaker, said he had examin.
ed the Constitutional provisions upon this
subject, and found no difficulty in increaS-
ing the Senatorial districts. He read the
several clauses Of the Constitution referring
to the subject, and commented upon them
at length.
Mr.. Mcneil said he had read the con-
stitution. but had read ii differently. He
knew that there were older and ADLER men
in the caucus than he, and they believed as
he did.
Cresap's Point.
Mr.. Cresap rose to point OF order. and
wanted Mr.. Mr.. Mcneil to say whether he
would abide by the decision OF the caucus.
Mr.. Fulkerson said the gentleman had a
right to be heard.
Mr.. Kepner said he did not understand
that any member, under the call, had COM
mtted himself TO abide the action Of the
caucus.
Mr. Cresap insisted on his point OF order.
Mr. Ferguson moved that Mr.. Mcneil be
heard. Adopted.
Mcneil Explains.
Mr. Mcneil proceeded to say that his in
depreciation OF the constitution was entire
| " different from that given. He did not
consider there was any ambiguity about il,
but that it was perfectly clear upon the
point in question. He had been member
OF the Joint committee on apportionment.
which had twice adopted a resolution Of
fered by himself, declaring il uncOnStitu-
tional to increase the number of Senatorial
districts. lie was one of the youngest
members and as he saw older and ADLER
men present and participating, who had
voted for this resolution, he would like
some explanation from them. He, himself,
still believed it unconstitutional, and
would therefore refrain from acting with
the caucus.
Mr.. Lowry moved that he be excused
Mr.. Fulkerson said the gentleman could
excuse himself If he wanted 10, the caucus
/ had no power over him.
/ Mr.. Morrow said he had signed the call
because he believed it would be of adyant-
age to discuss this question. 1t is one upon
which there j. great diversity OF opinion,
and if the caucus should express deliber-
! ate conclusion upon it he would be inclin
/ Ell to concur, and yield his partly formed
opinion upon it. This is not party ques
ton, but it j. the simple purpose OF the
. caucus to reach the truth.
Mr.. Ferguson said he would not enter
/ upon any elaborate argument. He said
when he came into caucus he abideS by it,
Mr.. Mcneil interrupted, al this point by
asking if that statement had any reference
! to him, to which the Judge replied: NO
! but when a man participated and spoke i'll
! caucus, he ought
To Abide the Decision
| of the caucus Mr. Mcneil said the only
| question he desired answered was whether
he was referred to. Mr.. Ferguson answered
| in the negative and proceeded to say he
| had no doubt from the start and he had
| none now, that We had perfect
right to increase the districts
He believed he could demonstrate it to
apy fair assembly that had no interest in il.
| He proceeded TO read and interpret the
various clauses of the constitution with q
view of showing the authority of the LegiS
! lature to increase districts. He said ma
! jority of the best legal minds in the State
| ConCurred in this opinion.
The Vote.
The vote was then taken on the adoption
OF the bill.
When Mr. Cresaps name was called he
/ said that as the chair had recognized in
: preference ~ uilU Il UitlllDeT NuO ldu lOl
signed the call and was not member of
/ the caucus, he would not vote.
! Mr.. Johnson said he considered the pro-
posed action unconstitutional, and would
/ therefore not vote.
Several other members, including Me~Srs
Mcneil and kepner, OF Ohio county. did
! rot vote
But the bill was adopted by vote OF %
ayes and nays.
The following is the full text OF the bill
adopted by the caucus:
! |. That until the Senatorial districts OF
! this State shall be altered in pursuance OF
/ the provisions of the Constitution, the
: State shall consist of thirteen Senatorial
districts, instead of twelve, as now provid'
ed by law. The counties of Hancock,
/ Brooke and Ohio shall constitute the First
J Senatorial District; Marshall, Wetzel and
: Marion, the Seconds Richie. Doddridge,
/ Harrison, Gilmer and Calhoun, the Third;
/ Tyler. Peasants, Wood and Writ, the
/ Fourth Mason. Jackson and ROane, the
! Fifth; Putnam, Cabell and Wayne, the
! Sixth; Lincoln, Boone, Logan, Wyoming,
Mcdowell, Mercer and Raleigh, the Seventh;
Greenbrier, POcahontas, Monroe, Summers
and Fayette, the Eighth; Kanawha, Clay,
Nicholas, BraXton and Webster, the Ninth;
Lewis, Randolph, UpShur, Barbour, Taylor
and Tucker the Tenth: Preston and Mon
ongalia, the Eleventh; Hampshire Hardy,
, Grant. Mineral and Pendleton the Twelfth;
Berkeley. Morgan and Jefferson, the Thir-
| tenth. And each of said districts shall
have two Senators.
>. That the Senators elected at the last
| general election for the full term of four
years shall continue to hold their seats for
the term for which they were elected. And
| such district shall al the next general cleo
ton, TO be held on the second Tuesday of
October, 1882, elect one Senator, except
| that the Sixth District. composed of the
counties of Cabell, Wayne and Putnam,
shall elect two Senator'S one of whom shall
hold his seat for the term of two years and
the other for the term of four years to be
determined by lot; and hereafter the cleo
ton for Senator for said District shall be as
provided by law.
3. That until a new superintendent OF
delegates in pursuance OF the Constitution,
the House of Delegates shall consist OF
siXty-five members, which shall be appor-
toned as follows: To the county OF Ohio,
four delegates; to the counties of Kama.
wha and Wood, three delegates each; to
the counties of Berkeley, Greenbrier, Har-
rison, Jackson, Jefferson, Marion, Mar
shall, Mason and Preston, two delegates
each, and to the counties of Barbour,
bridge, Fayette, Gilmer, Hampshire,
Lewis, Lincoln, Logan, Mercer, Mineral,
Monongalia, Monroe, Morgan, Nicholas,
Pendleton, Peasants, Putnam, Raleigh,
Richie, Summers, Taylor, Tyler, Upshur,
Wayne, Writ and Wetzel, one delegate
each.
To the counties OF Brooke and Hancock,
which shall constitute the first delegate
district, one delegate.
To the counties of Grant and Hardy,
which shall constitute the Second delegate
district, one delegate.
To the counties of Mcdowell and wyom-
ing, which shall constitute the Third dele
gate district, one delegate.
To the counties of Pocahontas and Webs
ter, which shall constitute the Fourth dele
gate district, one delegate.
To the counties of Randolph and Tucker
which 3hall constitute the Fifth delegate
district one delegate.
To the counties of Clay and Roane, which
shall constitute the Sixth delegate district,
| one delegate.
Must Stay Until Through.