The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1889-03-23

That Carr Cannot Succeed and That
Wilson.
IS ENTITLED TO HOLD OVER
Pending the Final Decisisn-A Wise
Cenclusien ABLY Stated-An
Opinion - Clear and For
chile That None Can
Question 1t.

Special Telegram to tie Register.
CHARLESTON, March 14.-This af-
ternoon at 4 o'clock the Supreme
Court of Appeals ended the contro-
versy as 10 who is entitled to hold
the Office Of Governor pending the
contest in the Legislature. The is
sue was made by the answer of Gov
ernor Wilson to President Cars pc
tition for a mandamus and the de-
murrer of Carr to the answer. The
opinion was delivered by Judge
Brannon, one of the new judges, and
was = clear and convincing exposi-
ton of the constitutional questions
involved.
The Court held that under section
six, of article four. Wilson held over
and must discharge the duties of the
Office unless there was some one who
could relieve him; that that section
of the Constitution declaring that
"all officers elected or appointed I'M
der this Constitution may (unless
otherwise herein providcd) be re-
moved from office for incompetency,
etc, in such manner as may be pro-
vided by law; and unless so removed
shall continue to discharge the du-
ties of their respective Offices until
their successors are elected and
qualified" includes the Governor;
that whether the clause, "unless
herein otherwise provided" relates
to the manner of removal as con-
strued by counsel for Wilson, or
qualities the portion of the section
as to holding over, is immaterial, be-
cause, If it il the latter, it is not
therein otherwise provided" unless
it be in Section sixteen of Article
VII, which de lares that lin case of
the death, conviction on impeach-
ment, failure to qualify, resignation,
or otherwise disability of the Cover
nor, the President of the Senate shall
discharge the duties of Governor un-
til such vacancy be filed, or such
disability removed"
Before this clause of the Constitu-
tion can permit the President of the
Senate to enter upon the discharge
of the duties of Governor there must
be Governor, some one standing
ready clothed with the insignia of
Office, without any disability, who
has died, been convicted or impeach-
ed, resigned. failed to qualify when
entitled by law to qualify, or labor
ing under some disability that pre-
vents him discharging duty that
be is presently under the law requir-
ed to discharge.
There is no such person. Neither
Golf nor Fleming has any present
right to the Office, as decided in Golf
VS.. Wilson. No one has any title
to the office of Governor until he has
been declared elected by the Legis
lature. There has as yet been no
such declaration. Therefore, rs far
as now appears no one has been
elected Governor.
Before Carr can have any right, or
be charged with any duty to act as
Governor under the Constitution,
there must be some one who under
the Constitution has been duly de-
clared elected, who is under some
one of the disabilities mentioned in
the section, and into whose shoes
Carr can step.
There is no such person, and nm
der section six of article four Cover
nor Wilson must continue to be Gov
crnor until such person shall appear,
to whom he must yield the office.
Carr having no right, Wilson still is
Governor. His original term under
the Constitution being prolonged.
The demurrer to the answer is
overruled and the petition dismissed.
The court room was full. and the in
terest in the case unabated.