South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1889-03-08
The oovernorship CONTEXT.

A Charleston Nv. Va. } dispatch to
Mondays Baltimore Sun says:
Your correspondent has obtained
from prominent lawyer and cx-
Judge of tho Supreme Court the fol.
lowing opinion on the euhernatoiial
contest in this State:
On Monday there will be three
claimants for the Office of Governor
Of West Virginia. Gov. Wilson, the
present incumbent, whose term of
sfIiCe by law ends Tomorrow, (Mon-
day } will refuse to vacats the Office,
because be deems It his duty under
the constitution 10 hold over until
his successor 10 duly declared elected
and qualified. His claim 10 based on
section q, article A. of the cons,itu-
ton, which provides that all officers
elected or appointed under this con-
stitution may, unless herein other
wise provided for, be removed from
cfiice for official misconduct, neglect
Of duty or gross immt rality, in such
manner as may be prescribed by the
general lave, and unless 30 removed
they shall continue TO discharge the
duties Of their respective Offices until
their successors are elected, or ap-
pointed and qualified He claims
This clause Was inserted to prevent
the Office from being vacant, to have
some one always in that important
office. the exercise Of the duties OF
which ID absolutely necessary to the
peace and welfare Of the State. He
sfurlher claims that theie 10 no one
who 10 in position TO receive the
'Cfilce from him that General Golf
cannot take il because he has no
rlght TO qualify, he not having been,
according TO the requirement OF the
constitution, declared elected; that
although he claims to have received
"a majority of the votes. and has there.
fore been elected, yet this 10 dispu.
ted. and q contest is pending. and the
,only Constitutional tribunal having
power 10 settle his title has not done
SO, and he l. not declared by that tri-
bunsl to lave been elected; that be
Las no title to tho office
Gen. COTS claim is that lie was
duly elected Governor Of West Vir-
ginia al tie late election, and that
The notice of contest fled by the con.
'tcstani, Judge Fleming admits that
on the face of the certificates lie
lGofD has ITO majority, aud that it
was the constitutional duty OF the
Speaker OF the House OF Delegates,
iu the presence of a majority Of each
house of the legislature, to have open.
ed and published the certificates of
she vote for Governor, and to have
declared him duly elected Governor,
duty which he failed TO perform,
but claims that such failure does not
deprive him of the right to be seated
as Governor, and go remain unless
the contest should be decided against
him.
r.. S. Carr, President of the Sen.
ate, bases his claim to The flee upon
section 10 Of article z of the Coasti-
tuition, which provides: In case of
the death, conviction or impeachment,
failure to qualify. resignation, or 9TH
er disability Of the Governor, the
President Of the Senate shall act as
Governor uL'il such vacancy is filed
or disability removed He claims
that section 6 OF article 4 does not
apply 10 the Governor, but to the in
ferior Ulcers that Gen. Golf, while
he has been elected. is not entitled
to qualify until by the Leg stature he
has been declared duly elected
therefore. if he qualities now such
qualification will be illegal, and II
will be therefore failure to qualify.
There is nothing in this claim. If
il can be legally said that General
Golf is elected, then be has the right
20 qualify, ard il be has the right TO
qualify and does so, that ends all the
pretensions OF the President OF the
Senate. General GofTs claims can
not be maintained, because the Leg
stature under the constitution has
exclusive jurisdiction to declare who
is elected Governor. The courts cam
not decide that question. Whether
ugbt or wrong, the Legislature has
postponed the declaration OF who is
elected Governor until IL decides the
contest pending. In the view Of the
Legislature it was improper for 1t to
scat Governor on . prima facis
case pending contest for that Office
and II refused TO publish the returns
for Governor, but turned them over
until the joint committee elected as
tho,la provides. so IL Gov. VIII
son cannot hold over West Virginia
will be without o Governor until the
contest is decided. IL is believed
under the precedent Of Bridges vs..
ShaIlcross that to- morrow afternoon,
the Supreme Court OF Appeals being
10 session, Gen. Goh, having taken
and filed his oath Of Office, and hsv>
itg demsnded that Gov. Wilson turn
over his Office to- him, and the demand
having been refused, will apply for q
mandamus TO compel him 10 yield
the office, and that X. s. Car will
pursue the same course. The pros
gress OF the case will be watched
with great interest.
AS predicted in the above dis
patch, Golf and Carr both took th'
oath Of Office "a Governor OF this
State. Gov. Wilson declined TO turI
ovev bis ofaoc but safd he would 11