The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-02-08
THR GuRERNArORIl1 COMM.
A Alan VINO Voted Against Coz speaks for
Right and Justice.
III IA Ehilne NJ IA Inl.lILn.na.-

A Man Who Voted Against Con speaks for
Right and Justice.
~ NJ Editor Of Nv lRisRtgaeT.
Sir; The Constitution imposes q duty
on the Legislature irrespective Of party,
and that duty is to count the vote for
Governor and declare the result on or
before certain time named. The ques.
ton then arises; Are there any causes
that will excuse the Legislature from
performing this duty? IftheTe are they
must be such causes as are plainly de-
duCible from the Language and intent OF
the Constitution, VIII fraudulent vot-
ing charged but not proven; will insuT-
reCton, or such natural disturbances as
may prevent the holding OF an election
In some locality; will pestilenCe or any
natural cause that would prevent the
people in q congressional district from
voting, or from returning their votes, ex-
cuse the counting Of the vote in the time
prescribed2 Not ut all, And why moi?
For the simple reason that Governor
in contemplation oilaw Is a prime, !para-
mount necessity, and that Governor
chosen by the people, or majority Of
those who vote with fraudulent votes,
or rather votes iudiCially charged 10 be
fraudulent, excuse the count, or rather
a delay OF the count, certainly, provided
the count Is not delayed beyond the
time named for the count? The Ques-
ton then arises; How is the fraud to be
established and In what time? Upon
thisquestion thereare manydiverse opin-
ions among those whose judgments are
influenced by party passions,
Will a mere charge Of fraudulent Vot.
ing excuse the cOunt2 Certainly not.
For no presumption Of guiltCan be heard
against any man; for every one Ia inno-
cent until proven guilty under the
forms OF law, Nor does 1t matter whether
the charge Of fraud comes from the in.
dictment OF grand Jury or the report
OF u committee Of the Legislature. Still
tho man IS innocent in the eye OF the
law until proven guilty, and the Leglsla-
ture must SO treat him, But II voter
Is proven guilty OF casting an illegal vote
for particular candidate his vote should
be counted out, not otherwise, No con.
stitutional lawyer will say to the con.
trary, II this be not the true construc-
ton OF the constitution, then comes an.
arChy, Then the Legislature itself be-
comes more criminal In defeating the
will Of the people than the fraudulent
voter,
But how long can the Legislature de.
lay the count aud declare the VoteP /
say emphatlcally, not moment longer
than the time named in the Consti-
tuition. The courts OF the States and
Of the United States have right to call
special terms, and when the public good
requires 1t, 1t Is their duty to do SO, II
they fail, then the courts are derileCt in
their duty. The courts being dereleCt
in their duty, the Legislature not
enlightened by the courts as 10 the guilt
or innocence Of the voter charged with
fraudulent voting, and the candidate
voted for, must do Its duty and leave the
responsibility for the delay on the
courts. Were this nobso, every Guber-
material or other election might be de-
ieated by fraudulent charges against
voters, and the Legislature become the
dupe OF false accusations.
The fundamental principle Is, that
the forms OF law, whether through this
constitution or by their ballots must be
obeyed, and held sacred, and whenever
that will is made known on tho face OF
tho returns, it Is primG facic true, and
must be so taken and received, unless
proven to the contrary before the day
fixed for the count by convicting
voters for fraudulent voting for this or
that candidate elected on the face Of the
returns. did not vote for General
Golf. 1t matters not why. am speak.
ing for justice and against anarchy, not
for General Golf. MoNTEoELLo.
CharlestOn, W. Va, Feb. 5.