Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-02-09
SATURDAY. FEBRUARY 9. 1889.
The West Virginia Revolution. "

Some Republican papers are raIung a
furious olatRor over the undaunted spirit
which has been manifested by the Demo
ersts OF the West Virginia Legislature in
their attempt 10 keep their state from being
delivered 10 QUAY 4 Co.. under the agree
rnent entered into last fall by and between
Republican conspirstors within that State
and Republican couspirstsrs without that
State. We prfsted yesterday the protest OF
Senator MoREn iRspubiican) sgainst certain
proceedings OF the Legislature. That pro-
test IL most mfeiicitously not to say awkwsrdly
worded. and docs not reflect much credit
upon tts craftsman. Nevertheless. there IL
some force In Its array Of allegations. or
OF arguments II this be more appropriate
word.
The Constitution OF West virgisi, is pc
eulin one. One OF its provisions IL that the Le-
gislature shall sit only forty-Gve dsys at a re-
gular session. Another provision 10 that II the
Governor convene the Legislature 10 extra
session, that body shall consider only those
subjects which shall be brought 10 its atten-
ton by the Goycrnor-uhsther In the pro.
clamation converting II, or in Message to
be cent 10 II as soon as II assemblies, we for.
get.
The peculiar feature OF the State Constitu
ton upon which the Republicans rely In
their contention with the Democrats ss TO
the power OF the General Assembly to a.
certain the result OF an election for Gov
ernor IL in the following words. In pre-
d,tfta ~ oAfcara ~ elections
the Constitution says:
One Of the certificates rOi the officers Of
eIectiopsl respecting the election for Cover
nor, State Superintendent OF Free Schools.
Auditor, Treasurer, and Attorney General
shall be sealed up and transmitted bv said
commissioners to the Secretary OF state, en-.
dorsed on the envelope as follows: Re-
turns OF the election for Governor. State
Superintendent OF Free Schools, Auditor,
Treasurer. and Attorney General" The
Secretary Of State shall deliver the same,
unopened, TO the Speaker OF the House Of
Delegates on the frst day Of the next session
al the Legislature; and the Speaker shall
Immediately after the organization OF the
House. aud before proceeding II other busi-
ness, open and publish the same in the
presence Of mai Gritty Of each house OF the |
Legislature, which bodies shall for that pur-
pose assemble in the hail OF the House OF
Delegates.
The peculiar feature OF the abovs-quoted |
provision of the Constitution IL found IN the
words "before proceeding to other busi-
ness" The Virginia Constitution provides
rs to the election OF Governor that the re-
turns shall be delivered to the Speaker OF
the House OF Delegates, who shall, "within |
one week." open them In the presence Of
majority OF the Senate and House OF Dele |
gates. But the Virginia Constitution does |
not make 1t the duty Of the Speaker of the |
House Of Delegates 10 publish tho same. 1t |
follows the Constitution OF the United states. |
and provides that "the votes shall then be
counted"; but by whom Is not stated. Dir. |
CoNKLING xnd Mr.. EDNuSDs, and almost |
every Democrat IN the United States
Senate and House Of Representative, |
denied ia 1877 the right Of the |
President OF tue United States Senate to |
"oount the votes" They were clearly |
right. But the fact that with the Constitu-
ton OF the United States aud the Constitu-
tons OF Virginia and other States before |
them, the trainers OF the West Virginia |
Constitution discarded the phrmeology OF |
those instruments and provided t0at the |
Speaker OF the House OF Delegates should |
"publsh" the votes implies that the |
Speaker Of tho West Virginls House Of Del
egates was thus clothed with power not |
possessed by the President OF the United |
States Senate nor by the Speaker OF the |
House Of Delegates o. Virginia
az ba !
speaker were compeiled 10 declare the re-
suit like an sutozaateu, on tue face OF any |
returns sent in, the election would be In q
large measure IN tAe hsads OF any county |
court that chose TO certify TO false returns, /
and the man thus declared elecied conld si-
fectuslly block any investigation by the lie.
giylatrre, though that body IS the supreme
and fnal esnVasstng board. The Register
also claims that the returns are given into the
hands OF tbs Speaker Of the House 10 lay
before the Legislature for iavastiEsdon, II
such Is demanded, and soothing In the Con-
stitution commands the Speaker to declare
the result on the iScc OF the returns with
such Investigation psadius.
The only precedcst that we csn cite for
the guidance Of the West Virgins LeFi.ls-
ture r. the fact that CosSrsss has 10y law pro-
vided for rsiertng tee votss OF states under
ceIiain circumstances. long act OF Cons
gren prescTisss rules which must be strictly
computed with. 1t Is universally conceded
that II O man ineligible To the Office OF elect0r
OF President and VIce-Pre,ident OF the
Uuited states be returned a, elected the.
votes for him cannot abe counted" The
sane &C. prescribcs what shall be done II
there be two differing returns from any
State.
II does look ss u the West Virginia Legis-
lssure onxst 10 have power to reject iraudu.
lent returns. II two differing returns had
been sent In from any couSty II would have
been absolutely p,cesssry for the Legislature
70 decide which VISA the correct return.
Thsrcsors the Legislature must have the
rae ut 20 pass upon tse returns; and il that
rIgb, be ex~ciSed FLENNG must bs de-
clsred Governor. Al preseut the Lssisls-
ture, we isase, doss not see its WAY clear 10
the rejection Of any OF the returns II there
had been two returss from each OF hsli
aoDn COUNTIES tkSs body would hsvs been
forced % decide As hstwcss them, and 20
the whole question would have come up for
decision.
---------------
We have uone but Kind words for the
Washington Post uHder its new editors.
They e,sdea,ly strive 10 be fair. But they
caDno, eatsrely dlvssi themselves Of prslu-
dice. They express surprise tsst any soulh-
eru Newspaper SHOULD be found 90 seusi.