Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-04-03

1 inheritance as the taxing Oh inc PioPS
| OF The citizen without bis consent, IL Is GER
| tl0n Changing the day and month OF our
| election, until otherwise provided by law.
| And the second Tuesday OF Oetoeer VIII,
] nnouestionsble. remaiu the day for holding
| The General elections until O different day
is provided by law, for the reason that oy
the statute in force on the day the amend
ment will 20 int effect fixes that DAY as
he day for holding the general elections.
Judge Brannon denies this, and con-
tends rtat the amendment repeats toe Gay
fixed by the Statute, and substitutes the
Tuesday after the first Monday in Noyem-
her 1854. as the day of the general elec-
tion for Slate officers, ETC., for that year.
regardless of the fact that such an electioh
will have already been held in that year,
AT which all these officers will have oeen
elected, in pursuance OF the Constitution
snd laws in force on that dsy. But the
Judge. eviden tly sppreciating the dlmsul.
~ Of his posi,ion, saws that the balance OF
he Statute will come in, in aid OF the
amendment, and supply all that is neces'
ssty for holding the general election on
ths day named in the amendment. Here
the Judge seems 10 have overlooked the
TACT thai in calling in the aid Of the exist
ING Statutes TO enable him 10 execute his
self.executing amendment, he gives away
his whole position upon the subject. ana
even when he calls in the Statute IL uoes
not serve him. for under the decisions o.
our Court OF Appeals in both the cases
above referred TO, this Statute will remain
in force until another is passed TO carry
this amendment into effect, aud, conse'
orently. no State election can be held IN
November urGer it. But, supposing the
Constitution as amended and the Statute
as it is 10 be sufficient to require future
general elections TO be held in November
il could not operate until the election IN
1856, as that is the hrst general eIectioh
provided for in the Statute after OCTOBER,
1854. As already said, the only law in force
for holding general election for State and
other officers, and members of the Legisla-
ture in the wear 1884 will be the statute
which requires said election to be held on
the second Tuesday of October OF that year.
At that election all these officers and mem,
bers of the Legislature, will be elected
under and in pursuance OF the constltu'
ton and statutes of the State, and on the
fifth day thereafter Sunday excepted) the
commissioners OF tine county will meet and
ascertain, declare, certify and retnrn tne
result. OF that election, as well as OF the VIte
in the proposcd amendment. Certificates OF
| the result of these elections, will under the
law. be forwarded 10 and filed by the Sacre-
terry of State, whose duty it will De to de-
| liver those relating to the House OF Dele
yates. with a list OF persons appearing
| thereby 10 be elected 10 the House on the
| first day of the session OF 1880, and to de-
liver those relating to the Senate, with
| list, ETC., TO that body on the first day OF
said session These are the only returns
| he has a right, under the law, TO deliver TO
| either House, and he must deliver them to
the Legislature elected on the second
| Tuesday of October, 1881. And II would
| be official misconduct in him to return 10
either House the result OF any pretended
election held on any other day than thst
| last named. Each House OF that Legisla-
! ture. so elected, will, in virtue OF section
! "a of article Of the constitution, zoe the
! Judges of elections, returns and quailhca-
| lions of its own members All contests
! of the elections Of members OF either
House will, and must, by those elected in
| October. together with those i'll the Senate
| holding over, and from the decision made
| there can be no appeal.
The Governor being of the opinion that
! the elections made in October will be valid,
! and that no general State election can le-
| gally be held in November, will, OF course.
! recognize the Legislature elected in Octo-
| her, and refuse u recogn iZe any bogus Leg
| islature claiming to have been elected in
| November, and it will be his duty to dis.
| perse, by force if necessary, any set OF per-
| sons claiming TO have been elected as sena-
| tors and delegates in November in case
they attempt to meet and organize as
! Legislature in the capitol Of the State. 1t
is true that in 1884 there will be an election
legally held on the Tuesday after the first
| Monday for the election OF electors OF Pres
| ident and Vice President and members OF
| Congress- ard for those only. And for hold
| ing this election for these officers and no
others, the statute requires the clerks OF
! the county courts to send to each place OF
| voting in their counties the necessary poll
| books, with the oaths of the commissioners
and clerks written and printed thereon,
etc, ballot boxes, tally papers for returns,
| and whatever else is necessary for holding
| the election for the officers aforesaid and
| making the return thereof, etc. These
county clerks are not required, and
have no authority TO denver
any such poll books, etc., for the
members of the Legislature at this
election, as that duty VII have already
been performed BY them under the law
| prior 10 the October election. The county
courts are required TO appoint three com
| missionerS to hold, conduct, certify and
| return the result OF this November cleo
| tion for said electors and members OF Con-
| gress, amt M othcrS, and the commissioners
| so appointed are required to hold and re-
|
officers and no others; and il would be otli-
| Cial misconduct in them to hold and return
any other elections.
| But even if am wrong in all this, there
is another reason absolutely conclusive
against any such election being held on the
| Tuesday after the first Monday in Novem-
Der, 1sS4. Ry the act submitting the pro.
posed amendment to the people TO be voted
on, as am informed by members OF the
.l,t, F,a, ha rot N Q
| of the vote thereon are to be sent to the
| Secretary OF State to be filed and kept by
him in his office until the 18th day after
the election, on which day, or as soon
| thereafter as practicable, he is to lay said
! returns before the Governor, whose duty 1t
will then be to ascertain and determine
| from said returns the result OF the vote on
the amendment in the State, and TO declare
that result by proclamation published in
| some one or more newspapers published al
. tine seat OF government.
1t is, | think, safe to say that no one will
be reckless enough to claim that this
Abandonment can have any practical effect or
force until the result OF the cleo
ton is ascertained and declared by
the Governor as provided by this
statute The year, 1854, will be leap
year, and, consequently, the first day Of
October of that year will be Wednesday, in
| Stcau OIL i dcSudE, as II WOulu OlneTNlse Ue.
The second Tuesday oil October OF that
year will be the 18th day Vi the month,
and the Tuesday after the first Monday of
November of tnat year will be the 4th day
of that month. SO that from the general
election in October to and including the
4th day of November, 1884, will be but
twenty.one days, while the vote on the
amendment cannot be ascertained and de-
clared under the law, until on, or after the
Saturday following the day of the Presi-
Dental election. The members of the Leg
islature will not only have been lawfully
apd constitutionally elected at the October
election, but their terms OF office will have
lawfully commenced one week, at least, be-
fore it can thus be known whether or not
the amendment has been adopted. There.
fore, conclude that the so-called "muddle"
in regard to the effect Of the amendment is
no ''nuddle" at all, that the general cleo
tion held on the day appointed in October,
1884, will be valid and effective, and that
the persons elected thereat will be entitled
to their respective offices for the terms for