Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1889-03-15
General Golf Gone Up.

The Supreme Court of West Nir-
ginia met at Charleston on Tuesday
and handed down its decision in the
Golf Wilson gubernatorial muddle.
The syllabus is: when neither the
Speaker of the House of Delegates
nor the joint assembly of both houses
OF the Legislature, convened under
section 8 of article of constitution of
this State for the purpose of opening
and publishing the returns OF the
election for the Office of Governor,
does in fact open and publish the re-
turns in respect to said office, or de-
clare any person elected to that office,
this court cannot by mandamus adj
Judge the person who appears from
the returns certified to the Speaker Of
the House to have received the high
est number for that office, TO be Gov
ernor and compel the person who
was Governor during the preceding
term to deliver the office and its insig-
MIA 10 him.
Judge Snyder, with unusual clear
ness. delivered the opinion of the
court He clearly showed that every
point made by General Golf, the petit
toner, would, under the authorities,
be decided against him, that even if
the court had jurisdiction. of the sub
ject, decision would be adverse to the
petitioner. He quoted the resolutions
passed by the Legislature, to the
effect that as the contest for the Office
of Governor was pending, the result
of the election for Governor should
not be declared until the contest was
decided; that in all the counties
wherein notices of contest was given
a certificate was attached, on the
ground that it was false, because in it
were included illegal votes. Such GER
tificate, without being read, should
be referred to the joint committee to
be appointed TO report on the contest
as provided by law. That it could
not be said the Legislature had acted
beyond the scope of its authority, be-
cause as to opening and publishing
the vote and declaring the result the
Legislature was clothed with discre-
tionarv power; that it acted judicially
as we'll as ministerially; that as TO the
vote for encouragement and audi
tor. the record showed it had in fact
SO acted, because the certificate from
Webster county did not give vote for
encouragement nor the certificate
from Wood county that for auditor,
and had it taken the votes as certified
the true result would have been
changed. The Legislature acted wisely
in appointing a committee to ascer-
tain the votes for said two officers in
the said counties, and acted on the
report of the committee and judici
ally determined and declared who
were elected to these two offices. The
certificate for Governor from Kama
wha county was discredited, because
the ascertainment of the said vote by
the commissioners of county court had
been superseded by a certiorari by
court of competent jurisdiction. If
the Legislature had chosen to declare
the result of the vote for Governor,
with the certificate of Kanawha
county omitted, they would have de-
clared Fleming elected Governor.
They were certainly clothed with
power to decide what were true GER
tificates of the votes from the several
counties. Being thus clothed with
discretion in the matter, mandamus
will not lie to correct their rulings.
But this court is wholly without jul
risdiction of the subject. The consti-
tuition divides the powers of the State
government into three general and
distinct OBSERVATION-DISCLOSURES, ex
ecutive and judicial-and has pro-
vided that neither should exercise
duties required of the other. 1t has,
therefore, conferred upon the legisla-
tive department exclusive power TO
decide and declare who is elected
Governor. 1t has been provided by
the constitution that the decision of
the question of who has been elected
Governor shall be made before the
4th of March, the day on which he is
to be seated Because the Legisla-
ture has not provided by statute a
prompt mode of determining this
question in case of contest it does
not take away the intent of the peo-
pie in adopting their constitution. 1t
has made a declaration of the result
of the election for Governor abso-
lutely necessary to give him title TO
that office. 1t never was contem-
plated by our scheme of government
that the chief executive OF State
should take his seat on doubtful
title and thereafter be ousted. The
Legislature has refused TO declare
General Golf elected Governor of the
| State. and as he has no title to Office
without that declaration, which dec
laration the Legislature has the eX-
elusive right to make or withhold the,
peremptory mandamus prayed for
was denied and the petition dismiss