Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-03-13

The Speaker Is to open and publish the re-
tuusau tlere,ult Is to be BE lsred.
The Judicial Z ody w hicl tries a contest
does rot declare the result but certi6Ss
who ia eiCc'ei
The result must be declared before a con-
test can take place
The notice under our statute a. TO State
officers must be given before the result IS
declared.
This is ;he fire. instance in This State
wher. he general role has been disregard
co, and The result upon the face OF there
returns wls postpcsed until the contest ia
decided
There must he an election before there is
a contest
Geiersl Golf is elected, aud That cleo
tion ia being contested.
1t General COT is elected then, he has,
havi tsken the o9th, qualified, and that
puts an end TO the pIeienuons Of Gov.
Wilson The declaration Of the result
csn have 20 effect on the contest The
fac, that the same body that should de-
clare the result must decide the contest,
makes 10 difference and does not disgiu-
guish the case from the case Shere one
body declares the result and another de-
cides the contest.
He cited authority to show that the one
who receives the cectifcate is entitled 70
hold the office, though a contest is pend
ing The Legislature does not become
court 10 try the contest for Governor until
The committee appointed under the statute
files the testimony, with the findings.
Judge Fleming may abandon his contest
AZ any moment and the Legislature may
never be convened, yet a. the result has not
been declared, 10 Is insisted IN the other
side that General Golf could moi take his
seat. aud that Wilson will hold over.
Your HOnors know that Gen Golf is
elected; everybody knows it, and sbsll
the mere fact That there was failure TO
declare the result deprive him OF the
office to which be hiss been slecte5? de
cited a number of authorities showing
/ that where cauyassiug to8,ds had illegally
refused ID declare the result, that The
courts hold the parties who were 10 fact
elected wsre entitled 70 the Office; that the
right to the office depends upon the
election and not upon the declaration OF
the result.
There was but one thing by the Legisls-
| turs could have been done ap0n the open
/ Jog and publishing the returns, and that
was 20 have declared Cot elected. Inat
/ tley did not 40. The Constitution de
I Glars the one having the hig es hummer Of
votes should be declared elected Under
Iall the authorities, uuder the eternal
principle Of right and justice, there is but
one thing this Court can do, and that Is TO
declare that Gen Col mas been electe1
+ Governor and 10y ITS strong arm give him
I g g office.
John A. Hutchinson ssid.
This controversy is legal one l shall
/ not 20 iuto The field of politics, l shall dis
/ cus5 10 on legal grounds We are not here
/ G., review the proceedings of ;de Legisla-
/ trrs There is no body of men higher than
+ the constitutions, and whose sets may not
I ID proper csre be passed upon.
Toe question, ras there been oD electlolt
Was eny one elected? Respondent says
Cha Only evidence OF the election fer Gov
euCr u the decl5Taii7n 0i t1e fssplt OF the
election. The Constitution IS binding On
/ the Legislature o. every one else. Tie
/ iourrels OF both Houses hsd been made a
/ psr. of ihe petition.
Tbs Court from TIME 60 time has Ie-
/ view. q SETS OF the Legislature, which have
I been approved hy tni Governor and 0e'
Glazed them uuconsti uhOnal, and shall we
be- told that this CON-. cannot review
mere resolutions passed Boy the two Houses
sitting together, which override The plain
'au1uage of fhe Constitution? shall treat
fhcse resolutions a- nothing more than
nulluls.
The Legislature was charged attn the
duty oi opening and publishing the re-aTns
e-7 declaring ,he result.
Ifit were intended that ,nege should be
any delay il would have been So stated. II,
in case of contest, there were TO Ice any
DELAY in declaring the result. 10 would have
h-en SD STATED. We know OF no such ID
bldv as g "ioint assembly TO count the
vote for officers. They had no power TO
suspend the declaration OF tine result.
The sction of che Speaker if performed
as the Constitutional duty would be purely
mnisiered. aad 20 would be the act OF the
TWO Horrors i'm declaring the result. All
rhis Court wants 90 know is whether the
petitioner hass color Of right 20 the office
. If he has and the defendant has none, ihen
+ she petitioner should bs put into the Office.
IfGeneral Con had ne largest number
of votes. the Constitution declares that he
shall be Governor.
The South Carolina statute, uudera Con
stitutoo similar 20 OURS, declare IN "a case
/ Of contest for Governor, The result OF the
election shall no Doe declared until the
contest is decided. oar statute does not
so declare.
Hecitei authority 70 show that if a per
SON f. elected to am Ctice he msy, uotvitR-
standing the certificate mas beer withheld,
quslify and enter upon the discharge of
ths duties Of the office unless be is opposed
by the incumbent, who may be removed
IN a proper legal mode.
The Legislature Withholding the evil
d=nce OF the election OF General Golf, does
not destroy his right or title 10 the office.
little Legislature can defeat the viii OF the
people by refusing TO declare who Is elect
ei Governor, and the Incumbent car hold
over because of such unconstitutional
a7tion. away goes all constitutional safe
guards erected for the protection Of the