The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-11-27
WtR,bury, ". Va, Nor. 20.
TuB RgTURNING BOARDS

Are Not, MS They Seem to Suppose IN this
state, Supreme In Their Authority.
Cinciauaii Commercial. Ga:cite.
The struggle that is now going on to
secure the control OF the National House
of Representatives, and the attempt be-
ing made to deprive certain Republican
members elected OF their certificates of
election by the various Canvassing
Boards, or returning officers, recalls the
experience which the Republican Sem
ators and members OF the House elected
in this county to the Ohio Legislature
had in the fall OF 1885.
At that election the Republican. can
didates for the Senate and House were
elected, having received large majority
of the votes cast. In order to defeat the
will OF the people, after the election was
closed, in pursuance ola conspiracy, the
returns were changed, and in one case
actually forged, so that the Democratic
candidates, who were not elected, might
receive from the Returning Board,
which consisted OF Dan Dalton and two
Justices of the Peace, the certificates of
election. Before the board met to per-
form its duty OF canvassing the returns,
the conspiracy was sufficiently known to
enable the Republican candidates TO en-
plov counsel and determine what action
should be taken to prevent the issuing OF
certificates TO men who were not elected,
and defeat the threatened theft OF the
certificates from the candidates who
were elected,
There was q common opinion that the
Courts were powerless to interfere and
prevent the wrong that was about to be
perpetrated. II was announced with
confidence by those who were in the
conspiracy, and by Others outside OF 1t,
that the Canvassing Board was supreme
in its jurisdiction, and that no Court
could interfere with its duties or compel
a correct performance OF them, and that
the only remedy left to the candidate
who was wrongtully deprived OF his GER
titicate OF election was contest TO be
determined by the body to which the
persons receiving the certificates wrong
fully were members.
Counsel for the Republican candi-
dates, on examination OF the law, found
it to be otherwise; that while the Legis-
lature was the sole judge OF the title to
the seat, and could alone determine the
right OF any member TO that seat, the
right to the certificate OF election was
an Independent and separate right;
was in sense n property right, over
which the courts had Jurisdiction, aud
which, in proper proceeding, the
conrts would protect and compel the
issuance to the member rightfully en-
titled to the same on the face Of the re-
turns.
This question was elaborately argued,
and the argument was published in the
Commercial Gd.cite at the time, occupy
ing nearly two pages OF the paper. By
the citation OF authorities made in that
argument by Mr.. Thos. McDougall, who
was one OF the counsel for the Repub-
lican candidates in the case, It clearly
appeared that the CGnvassing Roard is
not supreme, but is subject to the con-
troll OF the Courts in the matter OF the
issue OF the certificate OF election, and
that the Courts will compel the issuance
OF the certificate to tho person rightiully
entitled 10 that certificate on the face Of
the returns, and any mandamus pro-
ceediug will determine what are the
true returns that ought TO be canvassed
by the Board; what the Board may and
may not do, and this without determin.
ing the title to the seat.
The Courts OF last resort in the South
ern States have strenuously held to his
right Of supervising, directing and con-
trolling the Canvassing Boards Of theil
States. Not only have the courts helt
that they could thus compel the BoarC
to properly perform its functions, bu
they have also held that after the Boart
has canyassed the returns, issued thu
certificate and adjourned sine die, II th,
certificate has been issued to the persol
I not entitled to It, the candidate entitled
to It may, by mandamus proceeding
compel the Board to meet again, perform
its functions properly, and issue its eel