Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-07-01

tr-,ros ofthe stair IN Brooke county, there
positively no proof that the magisierial
,..ss as wen SIS tho corporate limits OF the town
,...,. t,er changed PRIOR 10 the election, and
,.-,. t,e absence of this proof that led Senators
,,....us ANA Morris % SO strcnu01sly oppose |
.,-...,.., .,,,- the votes. For aught the commit
.-.,.,,,s wsN.aury may have been the legal |
..,.,-, -,,ee OF these dlsfrauchisod voters.
W. bsvs c,r-luill Investigated the facts
3. ,bis matter. IS they sppesr in evidence
hsf,rs The Guberra'orisl Contest Commit
Tee. It appears in evidence before he
committee thar by the Acts Of Virginis, OF
rs2q. Chapter 252. the town of Wellsburg, |
was Incorporated, md by that act The
north side Of Fie-t street was made he
,ortb-rn boundary line OF the town. II !
f,r-hsr appears Ia ths evidence that ADAM |
kuhn and two others had been paid as
commissioners for dividing the oouaty Of
Brooke into townships, after the organiza-
t;o, .f the state Of West v,rgiuia. Il
further appears that under the ae' Of ihe
rs,isI.ture Of 1877. 'he charter Of ihe
tow Of welshnrg sas, by decree Of The
Circuit Court of Brorh county, entered Of
record. on The rs b gay offs plember, 1877, |
Al page 15l Of Chaucsry Order Book No.
3. amended 20 ,7 g. include within the
limits Of said town part Of Cross Creek
District Il nrhr appears that the
boundary line separating Cross
Creek and wellsburg Districts
is what is known as Fleet street of Wells
burg. besinnire ~ The Ohio river and
running hack Go the hill at the foot of
General DCvAL's property and running
thence nearly cue nth 50 ss 70 strike
Queen street at a point between the
property of L MoNrGONlERY and JOHN
BLANKNsoP Senior; thence following
Queen street in a- easterly direction
until it strike the Washington pike. Il
further appears ths Wellsburg district
lies south and west # the above line, aud
Cross district north and easi Of il. II
further appeer- thst @. L. CALDWELL and
sixtv-nias G.. 1ers, whose votes were rs-
ieeted b, the Committee on he 9Th day
Of November last, reiided in Gross Greek
district. north Of Flest street, and that
thsy voted at the Court House in the city |
Of Wellsburg in Wensburg Magisterial
district, and that they voted the Rspub- /
hcan ticket As further evidence Of the |
fact that the County Court Of Brooke
county, "a well as the voters who resided
within the annexed territory, recognized
that they were ie,idents Of Cross Creek
district. The following appears Of record
in said County Court At its April term,
1ss9:
..It appearing TO the Court from decree ofthe
Circuit Court Of Broke county, entered on the
18Th day OF september, 1S77, at page l5i OF the
Chancery Minute Book No. 8 Of the said Circuit
Con-t that the charter Of the town % Wellsburg
was amended 30 a. 10 include within the limits
ofsaid town part Of Cross Creek District, and IL
onpesrine chat the County Court Of said county
has made no order changing the boundaries OF
tbs districts OF Cross Creek and Wellshurg so AS
lncirde within Wellsburg District that portion
ofCross Creek District now within the cry OF
.veusburr. and 10 also appearing that the elli-
Gems Of said county living hl the territory added
,tse town OF wersburg by the decree aiofe-
.,fd ofseptsmber 70, iS77. are desirous OF nav
.,..bo f,rnaaries OF said districts changed IN
.,-l- .b,t the limits of the city Of wellsburg aud
.i,.,-i,t OF Neiisburg may be coeXtensiye, Il Is
,-,,-sl ths. the Clerk Of this Court a. IT, next
.s..,, or Che l6ih day OF May, 1889, so alter and
sa.se boundary line Of the districts OF
,-,.. r-.sk aud Welisbure as 20 incorporate
,,.h.- weusburg District that part OF Cross
f,-..F District now included within the limits oil
ne c.y OF wellsourg
With this order Of the County Court OF
Brooke county staring them IN the iSoe'
how could senators MORRIS and MAX
WE'LL. or any one else, have any doubt
that the district lines Of Wellsburg and
cross Geek districts remain ~ originally
sstahrsbfdg Here Is a direct recognition
on the part Of the County Court OF SAID
copntv that the lines Of said district as
,,;.;,sllv established never have been
obangs5 By these facts. shown by sworn
testimony before the Committee, It appears
concluaively that there was mot an ao-
sepce Of this proc" but on the contrary
the boundary lines between the two ais-
ir;cts are oonclusively and denni'ely
sbown. and neither Gen. Goff OF "'
W ATKINSON undertook to deny
thssa facts in the evidence. And NOT
OIL, was ne committee, from the evidence
b,fors il, not in doubt as to the proper
and leral voting place Of these rslee'ea
voters. bnt il, and each member oi H. nAu
tina conclusive and uncontradic'ea e'i-
as,,s bef,rs IT, that their proper and legal
voting place was in OrOss Creek aiS'r'cS
and they should have voted there because
the law gave them 10 right. 20 vote Al the
Court House in Well-burs How wsS 1t
possible, for any member Of the Oon'eS'
Committee. under ihi- v,deace to imagine
for moment that Wellsburg wss the
legal voting place OF "tuese disiranchised |
votsrsn Senators NORRIS and NAY
WE'LL cannot escape the avs kwafd dilemma
they have placed themselves in by any |
such hocus pocus n4 tois. 10 the law re-
quiring electors tn vote in The district in
which they have their aciual and bona fde
residence is 10 he observed, the contest
committee could not, as honest men, pos
Hbly escape the resnl. that has been
reached under the testimony.
As We have repeated y said Jadge FL EM
IN0 made no technicai PoiuIs in his notice
Of contest, bat basel his ease solely upon
fraudulent and iIsgA votes. Gen. GoFF
in his reply raised sil these teehical ohjeo-
tiOns and questions. Judge FLEMING
was driven thereby to do the same IN order
TO protect himself.
Il will not do to charge the Democratic
members of the Committee, or either OF
them. with Inconsistency in this matter.
The facts are that on May Sth Judge
JOHNSON, Of counsel for Judge FLEMING,
appeared beioro the Committee aud moved
I, quash each specification in Gen GoFF's
rstsrn notice and supplemental return no.
vote on