Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1889-02-28


tween the contests for the various other Of
ticers and that for Governor Is not logi-
cal comparison. There is no likeness be-
tween them, either as to the tribunal hear
ing, or as to the manner of determining the
rights of the parties.
When We, as final canvasslng board,
declare the election of a Governor, no pow
er in the State can 90 behind our acts, much
less Dust him from the gubernatorlal char
into which he has been indicted by our Ju-
dicial sanction. | take it, that we are not
to declare or confer this ultimate power by
piecemeal, but we are 10 establish by inves-
LEGATION and examination, whenever neces-
sary, the legal right of one of the can6i-
dates to the office. and make declaration OF
the same This being done, the law comes
in and by its own operation confers upon
him the full powers of the executive Office
We must give the chair as a whole-the
sceptre As an entirety.
FRAUD NOT A NOVELTY N ELECTIONS.
We are not the only legislative body in.
vestigating election frauds, and seeking to
secure purity in elections and certainly in
their returns The Congress Of the United
States is even now agitaled by frauds that
threaten in their immensely and apparent
universally to engulf the primary princi-
Piles Of Democratic institutions. Our rulers
do not hold Office by divine right, but mere
ly as trustees Of the power lodged in the
people; and unless the will of the people
is fairly and accurately expressed by purity
of action at the ballot box, then, alas Is
our Republic builded upon sand and the
winds and floods of political passion and
ambition will ere long wreck its beautiful
form, dashing the last remnant of its mag
nificent structure into the abyss of history,
where lie Wondering the hopes, liberties
and failures of man for centuries past.
NO PARTY QUESTION WHEN PROPERLY
VIEWED.
And here, | want to tell my friends on
the other side, that when [ vote in favor OF
probing the late election for Governor in
| this State to the bottom when | insist that
| i. is our duty, before declaring the result in
any form, 10 ascertain which one has re
| ceVed a majority of the votes cast, | do not
believe | am engaged in any party struggle.
My only goal is an honest ballot and a pure
return. This question, as look at it, rises
lmmeasuibly above party and whether the
frauds be on the one side or the other, they
Fought to be exposed and no one suffered t.
AXE advantage of them. We have already
seen what direful woes the very charges and
| specifications of frauds, made equally or
! nearly so by contestant and contestee, have
brought upon our State. Gentlemen upon
the other side have gone so far as to de
clare on this floor that If the Democrats in
sist upon probing these alleged frauds to
the bottom before declaring any one as Gov
ernor then the institutions of our State will
be thrown into anarchy and the people into
the horrors of grim visaged war" What,
sir, are our iustitutions--is the peace of cur
people dependent upon the maintenance o
frauds and the perpetnaIion Of a sulied
ballot? Heaven forbid For myself, be-
lieve no such thing. lam satisfied that the
good people of West Virginia Of all parties
desire a fair count. They want no Cover
nor with a tainted title, and they look to us,
their representatives, to see their wishes re
>pected. For one, wish to prevent fraud
i'm our future elections by stamping out any
that NAV. after thorough judicial eXami
nation, be found to exist in the ballots per
tanning to the present contest. In this,
serve the true interests of al the people o.
my State.
CONSTITUTIONAL CONSTRUCTION OF SEC. 3
ARTICLE VII.
1t is not to the opinions of the other side
but To the star OF the constitution, | look
Tor guidance in the matter IF the contested
election for Governor. take 1t, the gen
tlemen desire to be considered as following
thelr cOhsciences; then why are we not &c
corded the right 10 be led by the dictates Of
our own? ! have stood in this matter firmly
upon the Constitution, as | understand il
We are working under the 3rd Sec. of Art
VII: and maintain that said section pro-
vidcs Tor three distinct and different pToce
due, as 10 aScertaining the election OF a
Governor. If there has been a fair, square
election, with no returns attacked for fraud
ulenI voting or otherwise, the opening and
publishing Of the returns and the decara-
uon OF the election are matters OF COURSE
and necessary proceedings.
In the second case, if there be tie vote
for Governor before the people, the Legisla-
tire is empowered to elect one Of the can
ddates.
But. in the third case provided for, il
there be q contested election for The Office OF
Governor. then the Joint Assembly Of the
Legislature is TO decide the contest in the
manner prescribed by law. This is a court
of last resort. Here we have a notice and
counter notice of contest. In my view II
becomes our duty to take judicial notice Of
the contest and endeayor 10 ascertain the
legality and correctness Of the + turns be-
fore we render our judgmentin the declara'
ton of The result. Fraud pollutes every
thing touched by its blasting breath moth
| ing but an investigation can remove the al
legged frauds: without their removal We
cannot declare pure and unpolluted title
to the Office of Governor
! The notice of contest negatives at present
the certainty of fair, square election; and
unless the election Is shown TO Us 10 have
| been free from fraud, we cannot be expected
to place in the hands of either candidate the
immense power the Executive has over the
civil and military authorities Of the State.
JUDGES SHOULD 81 JUST.
The gentleman asks, who is to be the
1 Governor after the 18th Of March, pending
the contest. unless we publish as the Gov
ernor The candidate who received the major
ity of the votes on the face Of the returns -
| Why, that has nothing to do with the con-
| test; and certainly nothing with the element
/ of disrespect contained in the resolution Of
protest before this body. There VIII be
some fair, able brave man to act rs Govern
or: the implied threat of the gentleman
cannot frighten u. We do not act in this