The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-03-18
THE COURTS DECISION,
[Coniinuad from FirIt Pagt,l


and under legal rule OF construction
where there Is general rule, exceptions
must be strictly construed and case
must clearly fall within the exceptions
Now, the death, conviction or resigna
tton Of q Governor are not suggested o.
existing as grounds OF President CARR
claim, Ifitb be said that because Of thu
fact that no one has been declared elect
ed, no one has legally taken the oath o.
office, and that there exists Failure Il
qualify" giving the President OF the Sen
ate for that reason under the words o!
the constitution q right to the office, the
question arises, has that contingency
arisen within the true meaning OF the
constitution? As above stated, had
Gen, Got, or any one else, been de-
Clared elected and failed toqualify, there
would be a failure to qualify within the
meaning OF the constitution, But no
one has been declared elected. The con-
stitutlon Gays that tho returns for Gov,
ernOr from the counties shall be sealed
and opened by the Speaker Of the House
In the presence OF both houses OF the
Legislature, and the person having the
nIsuoeI nuIilpeE VI Hotes suaIt " ueE'a4Su
eIectea' Oah we dispense Win tnis ue,
the constitution Does the demand for
such declarations embodied In the con.
stitution mean nothing? Constitutional
requirements are regarded, unlike statu'
tory requirements, mandatory, not d.
reCtory.-CoOley Con. Lin. rs, So,
ING court Q! appeal, o. new 1oFk 5
y feople " North, y y. J. IA, nelu
tnat, WheIe the act OF the LEGISLATURE
has provided IN town charter tnSt the
returns 10 laiu pelore the council anu
ne person haying me highest nnmoer
q VoIes shaii 10 declared guy electeu,
lhe deciaration ana ceruhcale OF the
Councll arc necessary 70 complete Tue
election o. waru olilcer as wei as a
general olncer Of tae Guy anu Sre mus
pensaDle 70 q9aiiIy we candlusts o., 70
enter upon tne duties Of ms ounce, , lne
same court N teople v. Orlssey helu
Ihat tne leEslature may proVlue tue
manner IN whicn the result Of an elec-
ion snall % determined anu declareI
that tne power 70 declare Tue result
must ~ lougeu somewhere anu tlat
where inc moue OF 80 aoing scomnahu'
Gu, until ltlS ooeyei anu SUCH HCts urS
zone, the election Is not complete anu
tue candidate not 9uallhed 70 serve.
ANA the court held loT want OF suGn
declaration thaI the oId oHlceis nei ,
eyer. Inc consut9u9n i!selt III TINS
state requires TINS declaration ny ellher
the Joint assembly or by the speaker IN
It's presence. how 40 we KNOW legally
speaking, lort he purpose OIL qualincation,
VINO IS elected until sach ascertalnment Z
What 10 Tue certincates IRON tue many
couhtles showI Ihey are secret sealeu
anu sacred under the constitution ana no
one can answer me qnestlon until ta 9, !,
THIS court mas neld, az tnls Term, III uon
v wllson, that lor want Of "a deciaraIlon
o. MS eiecuon General 1ou hau no
ute ana was not entitled 70 enter upon
tue dntles OF me once OF governor. Inc
constitution alVlues tue government ln-
10 three great aepartmehtss,-ieGlsietiVe,
executive ana judicial, anu ioroids elther
10 exercise the iunctiohs OF ahother. ~
provides .nat the returns Us 70 tne e .e
iion lor governor shall go neiore the I'VE
tSai SeT ss a.. T mag Hs dSclaroS I. nro.
,,jSas rat = conioot NJ N tba Governor.
sLin al iii Iva triad hv n Joint aSsemhlv NJ
Ii,appa Too borsos
Thar ;nrisdicai;on Ia oxclusive In tho
o~arcise ~ this noIit;cs, fnnCtion The
;o;nt n.scmhIv hSs had these ratnrns bo.
}osa Il hoe srsnorJed and nostnonsI
a av'e Jsnlasa,;on ~ tSa sas,,it al 10 Govor.
a nas NTH ths doc;s;on ~ tl,e contest he.
tw s Sansroi COT and fndoo Fiem;nv
w" SVhatLor thSt oct;on was rioht Sr
w,nn M th;s censt bas M ;~r;sdict;on N
nr ,U 81 v d;coto Tb ~" T.C;SIatT+o IL tbe
az ,.;SnnaI r. taLa on,;on in that mat.
1Ss W. nosSoss :, n n %N d;ractlv mr. in.
Jixao,iv ~ reH;on ~ ~ rovorsa tbot action
The TX oIo noitar hotb INC frncI;nn n
n nm sV M t%a rot H sent rom Inc
aoH SS;s an and ibo, ~ daCId;na m tha iaw
s sod ,I'a a MY tSa contest hstween
G uI "" ond T FIen;n, 'i hos hasn ,oLsr in
cSar,s under ths mnn,,ate n the ron.
st;trSion Nv Ihe TsaiSiotmre lila waiting
Tor tLo oSI5en U 10 NV toESn hv the
n NO and %as ,n ~ continual The
a"s a We TO- a tI;a, ' t'''s'' N"SN WV
''' -, AZ ''t"'
rms court could not, olrectly or IN
directly, Dust the Legislature OF lts l1rls'
dlction, ana assuming superior wisdom
and power, arrogate 10 itselt me iunCtion
oil saying thatelther was lawfully elected
40 10 SO would De usurpau9n anu un'
warranted authority by tnis court.
therefore this court mas held thaL lor
want 81 declaration OF MS eIeCtlon uen-
eral uoll Gouid not nave the mandamus
70 compel Governor wilson 70 ADMIT
MN, anu because nc had no declaration
Of election the only commission 70 com
plete his title; II, then, PRESIDENT Carr
were 70 base his claim on q failure OF
General Gotf, or any one else TO qualily,
the question would arise how could any
one qualiiy unul AFTER lie hau been ue-
clared elected? How could there De q
failure 70 qusiiy unlll tnere W M, soLI '',
one In a condition to qualify? The only
provision as 70 the qualification OF ON
Gers arc IN section Z, chapter ~, Voae
1881 requiring that officers shall taKe
the oath within sixty days alter they
have been duly declared elected" with
the provision as 10 the executive olllcers
that they shall 10 SO on or before the
fourth oil March next alter they are &C.
clareu electeut or peloro tney eXerClse