West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1889-01-24
! coNsTITuTIoNAL 0UEsTIoN.

"H.," a Charleston correspondent
of the Intclligencor, claims: "1he
only possible contingency in which the
incumbent Governor could have the
semblanee of justification to hold over
would be when there is no one TO act
as Governor, and the Legislature not
in session TO choose one
This proposition to the extent stated
is denied.
The question is, who is to continue
to discharge the duties Of the Office in
the event that when the term of Gov
ernor Wilson shall expire on the fourth
Of March it shall not then have been
determined who was elected at the late
election?
1t would seem that the constitution
Of the State should have some provis-
ion to meet such contingencies. 1t
does. The sixth section of article 4
Of the constitution covers and provides
for it. 1t is as follows: "All officers
elected or appointed under this consii-
tuition may, unless in cases herein other
wise provided for. be removed from
Office for official misconduct, incompe-
tence, neglect of duty, or gross immor-
atty in such manner as may be pre-
scribed by general law, and unless so
removed, they shall continue to dis
charge the duties of their respective
Offices until their successors are elected
or appointed and qualified"
This is plainly adequate, full and
complete to meet the contingency of
failure of the people to elect, and for
any period of time employed after the
4th Of March to ascertain and declare
the true result of the election. 1t is
evident hat this provision was made
to meet conditions Of the character now
existing and which may continue to
the 4th of March.
The trainers of the constitution hav-
ing made this provision for the contin-
gency stated, the natural inquiry is,
what provision is made by the const;-
tuition in the event that by the action
of the joint session of the two Houses
the result shall be declared, and the
person so declared to have been elected
do not qualify or can not ast. The
10th section of article Z does meet the
case. 1t reads as follows: ''In case
of death, conviction or impeachment,
failure to qualify, resignation or other
disability of the Governor, the Presi-
dent of the Senate shall act ms Govern
or until the vacancy is filled or the
disability removed. x = ="
1t is obvious that this provision only
reaches the cases specified, which may
occur after the result shall have been
ascertained and declared by the action
of the joint session of the two Houses,
as provided by the 9Th section of arti-
Gle Z.
1t may we'll be admitted if the joint
session shall before the 4th day of
March declare who was elected, and
such person should fail to qualify, or
after qualification, resign, then under
the 10th section, the President of the
Senate would be Governor.
1t is not deemed out of place here
to suggest that the Republicans see
their trouble arising from the plain
provisions of the constitution, and are
therefore insisting that Golf shall upon
the face of the returns, be declared by
joint session to have been elected, and
then let the contest between Golf and
Fleming go on. In such event, ifGoF
fails to qualify or resigns, the Prcsi-
dent of tn. Senate would be Governor.
Let the contest go on, and upon its
merits let the true result be ascertaired
and declared but Independent of the
questions raised by such a contest, it
my be safely here claimed that the re-
turns are only prima facic evidence of
the result, and are not conclusive evil
denee to the joint session. The Joint
session is charged with the duty of as
certaining the result, and incidental to
the discharge of this duty, it can ON
ploy the necessary means to ascertain
the true result. In other words, they
can go behind the returns from Kama
Yha or any other county. Nothing
short of an eight by seven process can
defeat this right if it should be deemed
proper to exert it. If returns arc
fraudulent and false, fraud can not up
hold the wrong. Fraud nullifed its
work If delay results in the process
of arriving at a trup roeu1t 10 tho An
Of March, Governor Wilson must
therefore discharge the duties of the
Office until the result of the election