Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-03-26
THE WEST VIRGINIA CASE.

The West Virginia case is altogether a
strange one, seriously involving principles
vital to the republican form of govern
msnt. Certainly in November last some
ore was elected to the office of Governor.
The Constitution requires the Legislature
Z, canvass the returns, but that body re-
Used to do so and abruptly adjourned.
f,le Republican candidate held certificates
showing that he had a majority. The
Sapreme Court of the State decided that
lie refusal of the Legislature to do its
duty, prevents the elected candidate from
entering upon the Office. Manifestly that
decision was error. The incumbent of the
ONCE ceased to be Governor on the 4th day
OF March, by the expressed declaration of
the Constitution, and the claim he prefers
to hold over cannot be recognized because
Of the constitutional declaration TO the
contrary The claim of the opponent of
the Republican candidate, that the latter
received 1000 fraudulent votes is offset by
the counter charge that for the Democratic
candidate $500 fraudulent votes were cast,
ana that issue must, therefore, be settled
en- contest before the Courts, afte, the
Republican candidate has entered into the
Office, and until he does, there can be no
contest that the law viii recognize. The
claim of the President of the State
Senate that he is entitled to fill the office
until one of the candidates voted for is in
stalled, is mare reasonable by far. than that
OF the old Governor to hold over; but even
that claim of the acting Lieutenant Gov
ernor is not tenable, for the Democratic
candidate does not contend that he was
elected, and no one else ran for the Office
but Gof, the Republican candidate. The
duty imposed upon the Senate to
nVass the returns is merely ministerial.
AID when it refuses to do what the law d.
reefs, the fact should not defeat the will
OF the people to have the man elected by
their votes indicted into office. The rule
SCI up by the Supreme Court-which. by
the way, is in politics opposed to General
Gotf-amounts to this That whenever
the State Senate sees fit to refuse to can
vass the election returns, the election shall
come to naught. That is to say, politi-
cal majority in a body given ministerial
duty to perform can nullify the viii of the
people and perpetuate its party represent
alive IN office indefinitely There is no
limit to the operation of this rule, if the
Court is right. 1t can go to the extent of
revolutionizing the Government and keep
ing the creature of the Senate in Office as
long as that body pleases. 1t would seem
to be better law to hold that the Senate
having refused to do the mere clerical dntv
OF opening the ballot lists and announcing
the certified result of the election. the
Courts should SO find, and then, to do lust.
Ice to the people, ascertain judicially who
was elected and decree the office to him.
As matters now stand, republican form
OF government in West Virginia has ceased
to exist, is suspended, and usurpation of
power has taken its place. 1t testiies.
however, to the strength of our institu-
tons that such an event does not cause
strife OF arms and inaugurare civil war.