The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-02-19
THE GuBERNATORIAL CONTEST.


THE GUBERNATORIAL CONTEST,
A Democrat Makes Some Uuanswerabls
aPoints Against the Conduct Of His Party
IN the Legislature,
To hs Editr Of Nc IHlsRigmeW.
SIR;-The Legislature having refused
to open and publish the returns for Gov.
ernor, and to declare the candidate elect.
ed who, upon the face Of the returns,
appeared to have the highest number OF
votes cast for that office, the writer
wishes to make an inquiry or two peril.
nent to the matter OF contest. From a
common sense standpoint he has very
decided opinion upon the questions
which have been 60 loarnedly (P) dis.
cusscd by tho constitutional lawyers and
statesmen in the Legislature; but 1t is
unnecessary for him to express that
opinion now. He is only seeking by
his inquiry to obtain light as to what the
joint assembly, or court, constituted to
try the contest, when 1t proceeds ju.
diCially to determine the controversy.
The subject has been darkened by coun.
sci until II has become quite obscure to
the minds even Of legislators who have
dealt with 1t, as we'll as to the common
people, who instinctively love fair play,
and desire the right, and only the right,
to prevail.
TO a plain man OF ordinary under.
standing contest for an office pre.sup.
poses that some one at a legally appoint
ed election was elected and had been 80
declared by the proper authority or can.
wasting board, but that he was wrong.
fully and illegally elected according to
the claim or pretensions OF the contest
ant, Judge Fleming, by his notice OF
contest, assumes that his competitor,
General Golf, was elected. The face OF the
returns he admits show that fact. The
legality Of his election, however, is as.
sailed by the Judge, who prays that It's
validity may be inquired into and de-
ternined by the court provided by law,
whose function 1t Is, according 10 settled
rules OF law and regular judicial methods
and process to hear the matter inter
partes upon the issue presented to it for
trial by the notice Of contest and the
answer thereto Of the contestee.
After the Speaker OF the House, In the
presence OF the House, opens and pub.
fishes the returns, the Legislature, not
as a court clothed with Judicial power,
but ministeridlly, declares what Is appa.
rent TO 1t from the returns as opened
and published, viz: that the candidate
for Governor, whoever he may be, hay-
ing the highest number OF votes Is cleo.
ted To that Office. Here the ministerial
powers and functions Of the Legislature,
analogous somewhat TO those OF an ordi.
nary canyassing board, end. It was a
non.judicial body, without power to de.
termine the legality or illegality Of the
returns, or Of the votes cast, or to arrest
the opening and publishing Of the re-
turns by the Speaker. A notice OF con.
teal, however, having been filed by
counter claimant Of the office assailing
tho legality Of the election and the va.
lidity OF the title Of the candidate de.
clared elected upon the face Of the re.
turns, another tribunal constituted from
the same elements OF which the Leg
islatute making the declaration Of
election was composed, but en-.
dowed with different functions and
possessing other than legislative
powers, Is called on 10 determine the
Issue between the elect according 10 the
face OF the returns and the contestant
claiming title adversely TO the elect.
Tia matter now assumes such character
= 70 require judicial investigation by q
tribunal invested with judicial powers
q court, which is 10 review the declara.
ton made by Legislature acting min
isterially, inspect the returns, hear proof,
canvass the polls aud the votes, pass
upon their legality or illegally, and de.
clare for itself, alter full judicial inyesti-
cation and trial, the true result Of the
election. Now this seems to be the
views OF the situation entertained by
very many good lawyers oil both politt.
cal parties, and II strikes the writer as
being the orderly way OF proceeding and
In accordance with common sense and
reason.
The Legislature, however, (who is rash
SIass. " nyIsiss WI S.a.aSns that q
ontns, ah.i ~ atI YPoseS ' LINZ
10 which no one has been declared elect.
cd. Itwould seem 10 DO an anomaly. II
may appear otherwise 10 our legislators.
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