The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-03-02
WHO WILL BB GOVERNOR?
Judge Maxwell Says It Will be
General Gof, and That
COY. WILSON HAS NO RIGHT
To Hold Over AMER GoG Qualities.
The Law in the Case is Plain,
There VIII bo Three Govern.
ors Alcr Monday Next.

CAggspuRG, w, Va, March LA
tbe lth Of March draws near great inter
eaisbcingtaken by the people through
mt the State US to what are Genera
Goas intentions, and the general sltua
,opwith reference to the Goyernorship
notwithstanding the fact that the who'll
matter has been gone over time ant
a,ain By the ISTELILoENcER, Senate
Maxwell, whose clear, able, digni6ed ar
rpmpnts in support Of the Republican
position in the joint assembly had suct
buc during the debate, and whos'
sDeecbes were read with so much inter
est everywhere, has returned from hi
legislative duties in Charleston, ant
kindly submitted to an interview upon
ibc sIblect OF the gubernatorlal situa
lion as / now stands In which he re-
views tie matter at length and furnishes
a lpyol opiniOn US to Governor Wilson's
ricLtlo hold over, which will be read
With great interest, and carry conviction
toSny who may have doubted the cor
reclpcss Of tho Republican position,
Iujrc Maxwell holds that General Gotl
wjll'be Governor on the 4th OF March,
and that Governor Wilson will have no
Iplt 10 hold over; that until Goh
Qualities President Carr must be acting
Governor, or in the event OF his not as
mming the duties, then they deVolye
upon Speaker Woods.
JUDGE MAxwELL's OPINION.
In answer to the question, "Who will
be Governor on the fourth Of March
next" Judge Maxwell said to the IN
rRllrGEScER reporter:
Gen Nathan Gol will be Governor.
GOV. Wilson claims that he has the right
TO hold over until the contest between
Fleming and GOtT is settled. Gov. Will
son Is right in this claim to the extent
that he must not allow q vacancy to
exist for moment in the office OF Gov
crnor, and must himself hold the office
until some one appears with the right to
perform the duties OF the Office. But 1t
will be the duty OF Gen. GoG when the
lth Of March shall come, or rs soon
thereafter as hC can, TO go before some
Judge, Notary Public, or other person
who ran administer an oath and take
the oath Of office by which he will
qualify himself to exercise the powers
and duties Of tho office Of Governor to
which he was elected by the people.
When Gen. Coil shall do this and pro-
duce the evidence Of 1t to Gov. Wilson,
le will doubtless surrender the office to
him. ANY little difference that may
arise between Gov. Wilson and Gen.
GotI are to be settled, per agreement, by
the courts and not by the military.
CARR AND WOODS MAY HAVE A CHANCE.
"But, flor my reason General Golf
shoald not appear to exercise the duties
Oithe office on tue 4th Of March 1t will
he the duty oi Senator Carr, as Presi-
dent Of the Senate, to act as Governor
until General Gotfappears to enter upon
the duties Of the office. 1t would be tho
duty Of Governor Wilson under these
circumstances to surrender the Office TO
President Carr, and he would doubtless
DO so very promptly.
But, II neither General Golf nor Presi-
dent Carr shall appear to relieve Gov
ernOr Wilson from the duties OF the
office there still remains the Hon. ]. j.
Woods, Speaker OF the House Of Dele
gates, who has the same rights that Presl.
dent Carr las, but subsequent to Presi-
dent Carr. So Governor Wilson, in no
event, will likely be encumbered with
the Office very long,
"Bnt how can General Goff be Cover.
nor when the Speaker OF the House oi
Delegates and the Legislature refused Ia
OpenRnd publish the returns ofthe cleo
ton and declare him elected TO the
otHcc?"
"lhat question puzzles a great many
people, but there is nothing In II. Gen
etal GoiT gets his right and title to the
office by and through the ballots Of thu
people, who have given him a pluralit!
Oltheir vote, which has been iudiClaliy
determined by the county courts Of thI
State, aud neither the action or non
action Of the Speaker can enlarge o
abrdgC his rights rs derived directl,
from the people. The duty imposed
upon the Speaker to "open and publish
tile returns is the merest ministerlR
duty, and II performed by him woul,
amount to nothing more than to give L
the public at one time evidence OF til
title to tho office In the person VIII
might have the greatest number OF vote
ON the face OithG returns, and ifnot per
formed by the Speaker no right or It'll
sailcctcd, but the necessity Is impose,
upon the person claiming 10 be eleCte
procuring from the different Countie
certified copies Of the adjudications Q
The different courts, which copies III
deStand General Golr has procured, an
which show that he Is duly elected
the office Of Governor.
so REASON ron THE DEMOCRATIC ACTION
"litherc is nothing in 1t why did tli
Democrats refuse to allow the SpeakC
to open and publish tho rcturns9 70
Ate about to ask inc. ain unable
give any good reason for their action, bu
lhaye thought TINT tho friends OF GoN
ttnOr Wilson may hayo supposed tho
this colltsn would help his right 10 hOl
over The whole thing was tho result {
The OF CauCus and II is doubttt
iIany man can give any other reason iC
his action
what about tho contest for CO.
CtnOr?'
THAT Is the important question, A
lhnye said General GolT Is duly elGctC
on The face Of the returns, which 10 al
mlIted by Judge Fleming In his notlt
q HlCOntCHS served on General GofI. Sc
uoh 70, Of chapter 8, OF the Code, pr
Mugs; Though illegal votes DO receive
outillcgal votes be rejected at any plaI
OF voting, the returns Of the votes take
albhch place shall not bo set aside 4
That cause, but Il may bc shown by pr
W.T. evidence before the final Judges
election lor whom such illegal votes,
aGy Of them were Cast, or for whom u
Illegal votes which ECre rejected wou'
nave been given, and 80 lar ~ only
shown the returns shall 10 corrected
Judge Fleming has illVd bis notice unl
ihs provision Of law ContCQtlng thD Gle
uQh Of General Coll, In which he q
4lls that General Colt Ia elected by
pInmllty Of ll0 votes on the face Of u
returns, Judge Fleming specifies a iiul
NJ OF votes amounting 10 about l,0l
which he says arc illegal for vatiO
causes specified by him, and which
ehatgcs were cast ior General Gon,
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