Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-03-06

Let no one suppose that there is even the
least danger Of serious trouble in West VIZ
glnia 10 grow out Of the fact that three gen.
tlemen claim the Office Of Governor Of that
State. one OF them was sworn In four years
ago, and the other two were not exactly
sworn in--fOr they were not indicted into
the governorship--but they took the oath OF
Office day before yesterday. The last two
took the oath so as 10 be able TO demand
possession Of the Office. Governor WILSON
refused To surrender the Office. Mr. Corr
and Mr.. CARR will, We take It, apply TO the
Supreme Court OF Appeals either for writ
OF quo tcarTaRtO TO compel Governor VIII
son TO show 10y what title he holds the office,
or, as a letter in the New York World says,
for awrt Of mandamus TO compel him TO
surrender the Office % the righuul Cover
nOr-the former most likely.
We confess that we DO not consider any
one OF the titles p perfect one. At first
blush it would seem that Governor WILL
soN's term az Office having expired and
there being q person whose title as Lieu
tenant Governor j. undisputed, either the
latter or Mr.. Corr was entitled 10 the Office
Of Governor. However. hear the other
side on this point. Governor WILSON bases
his title upon the constitutional provision
which requires the Governor to continue in
Office until hls successor IL elected and quili-
fed. lie does not admit that Mr.. GOFF was
elected. He does not admit either that MIR.
CARR is entitled TO be his successor. Mr.
CARR bases his title upon the following pro-
vision OF the state Constitution;
"In case Of the death. conviction on i'm.
peachment. failure to quality, resignation. or
other disability ~ The Governor, the PTesi-
dent Of the Senate shall act ~ Governor
until the vacancy is filled or the disability
removed"
This is not conclusive. Governor WILSON
refuses, % we guess. 10 surrender the Office
20 the President OF the Senate upon the
ground thst neither OF the contingencies
contemplated by the Constitution has oc-
CURED. There has been no death, no con-
viction on impeachment, no failure to qualify.
and no resignation. The only open question
so far ~ concerns Mr. CARR's title Is as IA
whether there IL any "other disability " OF
The Governor. Note that there must be s
"dsability" OF the real Governor. The
Constitution does not provide for the case Of
bogus Governor at al. so at least Cover.
nor WusoN contends, no doubt.
Has tue Supreme Court OF Appeals the
right 10 decide who was elected Governor
We SHOULD answer this question In the mega
tive. But a. II seems 60 be assumed by gOoC
lawyers in West Virginia that the court may
decide the question in some way, we will
not maintain the contrary. There may be-
some provision in the State Constitution un'
der which this can be done. Certainly The
court could not by mandamus compel the
Legislature TO count the votes for Governor,
nor 10 declare or publish who had been elect.
ed Governor. The legislative, executive
and judicial departments OF the government
must not interfere wrongiully with one an.
other.
Mr. CORPS friends claim that II II can b,
legally said that he was elected he has The
right 10 the Office whether the Legislator,
has declared him elected or not. Here, per
hsps. the Supreme Court may Intervene and
decide on law point that Corr was lawful,
elected whether the Speaker OF tbs House Of
Delegates Ia the presence OF the two house,
OF the Legislature has declared him elected
or not
II Mr.. Corr bad threatened TO call upon
President HARRISON TO aid hin In getting
possession Of toe Office OF Governor, It would
have been Governor WILSON'S duty 10 con.
yene the General Assembly in extra session
as means Of preventing the execution oil
that threat lie acted more wisely.
But before II adjourned the Legislature
elected or appointed contest committee,
which has in ehargs all the matters In dis.
pute between FLEMING and Corr. There
fore Governor WILSON considers II wisest
and best not 10 assemble the Legislature
now. when the contest committee IL ready