Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-03-15
TIE GRAVITY or THE SITUATION
WHAT SHALL WE DO ABOUr Itr

Let US look calIniJ anu cOnSluerateiy
at the meshes it is opening and into
which it promises to lead US.
We have taken the opinions Of a
goOdly number Of the leading men, in
Guiding some of the best legal ta.ent of
the State, as to the proper interprets-
ton of the amendment. We do not
undertake to decide on which side the
weight of opinion preponderates. A ma
jority of those who have discussed the
subject believe that second election
i'll be legal and necessary. There are
some able opinions, headed by the
Governor himself, OH the other side.
But the very diversity of opinion itself,
among able lawyers, shows that public
opinion cannot settle it and that IL
must inevitably find its way into the
courts.
There is only one way of avoiding
this, and that is to vote down tie
amendment.
Can we afford to wait and risk that?
Can we afford to wait until We have be-
come already involved in the Difficult
ties, to determine how We will get out?
We believe there is probability Of
the amendment being adopted at the
polls. The people are almost unani-
mouslY In favor of changing the date
of our general elections. They may
argue that we may as well change 1t
now as to wait for four years more.
They may say, We are required to have
two elections in 1884 in any event, as
that is the year Of the Presidential cleo
ton, and We may as well settle this
thing Of changing the date then as to
postpone it. Political and personal
motives will largely influence this de-
termination, and if the amendment is
ratified in October, We are morally cer-
tain to find men voting for State officers
a: ain in November.
Well, suppose we take the risk and
the amendment is ratified at the Octo-
Der eleetion-what then?
We have heretofore considered the
complications that may grow out Of two
sets of officers contesting for the offices.
But this is not all, nor the most serious
phase Of the matter.
Even let us suppose that but one elec-
ton is held-the October election. The
| Governor is inclined to the opinion that
the October election is the legal one,
and it may therefore be anticipated
that he would readily award certificates
TO those officers elected at that time,
and if no second election were held,
these officers would be duly insta He'd
and it would seem that no difficulty
could arise.
Bot not 80. The administration Of
the government might proceed quietly
for years under the officers thus elected,
and no question be raised. But after
time some important controversy arises
involving large sum Of money-for
example claim of the State to the
taxes of a railroad or other corporation.
The corporation refuses to acknowledge
the validity Of levy made by an Off.
Ger elected in October, or to accept the
| receipt Of the Auditor elected in Octo-
Der, or to pay Into the hands of the
Treasurer elected in October. They
raise the question of the validity of that
election, and the courts sustain the eX
! ception and declare that the October
election was not valid. Thus every
official act of every officer elected at
that time is invalidated. Judgments
that have been obtained through series
of years may be questioned, the whole
machinery of the government is turned
topsy-turvy, and all the ramifications
of the civil and criminal administration
through number of years becomes
tainted with illegality and involved in
inextricable confusion.
Then we will suppose that the ques-
ton comes into the Supreme Court for
final adjudication. Here We only begin
to reach the climax of the difficulty
here we find confusion worse con-
| founded.
Why 50?
The explanation is simple and obvious,
and only intensifies the gravity OF the
situation.
1t would be found that three out OF
the four Judges who constitute that
court are directly and personally inter-
ested in the questi on they are called to
decide.
Three out Of the four would be called
to determine question that would in
volve their own tenure Of Office.
Ofcourse they could not sit in a case
under such conditions, and there would
consequently be but one Judge of our
Court Of Appeals qualified to deal with
| the matter-or in other words we would
have no court of final appeal in which
the muddle could be fully AMI finally
adjusted.
A little reflection will confirm the
accuracy OF this statement. Judges
Snider and Woods are now filling the
unexpired term of two predecessors,
and either they or some other two men
must be elected to the seats they now
occupy, at the election in 1884. Their
election will inevitably be involved in
the disputed questions Of the amend
ment as much so as any other officer
who is chosen in 1884.
1t strangely happens also, that Judge
Green, who was elected in 1880, went
in under almost the same conditions
that will arise under the amendment in
1884. He was chosen under the consti-
tuition of 1872, but really took his seat
and occupies his place to day under the
amandad constitution Of lgSn which