Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-02-10
The West Virginia Muddle-Again.

The West Virginia huddle-Again.
10 our article Of yeittrday attempting 10
give . clew 10 the present state OF the gu5sr-
nstorial contest going on In the Legislature
Of West Virginia wo said that II seemed to
Us that the Democrats could not see their way
clear 70 \ rejection Of any Of the returns. IL
none be rejected, GoFP will be declared
Governor. We were ourselves rather
"stumped" by the constitutional provision
which we quoted requiring the Speaker
OF the House OF Delegates to "open and
publish" the returns Immediately upon the
organization Of the Legislature and before
proceeding 10 any other business.
what Is II 10 "open and publish" the re-
turnsf Does that msn date Of the COnstitu-
ton require the Speaker OF the House OF
Delegates to announce the election OF the
candidate who appears upon the face OF The
reiurns 10 have received the largest number
OF votesi Csu Il be possible that the Speaker
Is bound 10 accept fraudulent returns as
true II they are tho Only returns1 II 30,
what would be bis duty in case there were
differing returns irem the same county? II
one return from Banawha county gives
FLEMING a msjOrily OF the votes aud thus
elects hin, and Rnotbsr return from Kama
wha county gives GOFF a majority OF the
votes and thus elects him, how is the Speaker
10 perform his duty 10 the prsmsesf
We should rather have said, What is
his dunyf Must he take the rec possibility OF
deciding between the differing returns, or
must he submit the question 10 the Joint as
sembly Of the two houses OF the Leglsa-
tuFe Z
What does the Constitution mean by the
phrase "beiore proceeding 10 auy other
business We take it tnat IL means no.
thing more than that the newly-eIected
Governor must be declared elected before
any other business r. done; but that under
that mandate 1t is cOmpetent for the iOInt
assembly to be dissolved day after day and
for the Two houses OF the Legislature TO adj
i0urn from day 10 day. The Congress OF
the United States has provided by law
that when the two houses are counting the
vote for President Of the United States the
Joint assembly may be dissolved, and the
purporting to give the vote Of State, and
each house decide for itself whether the pa-
per shall be received or not. The vote Of no
State can be rejected unless both houses
agree 20 reject 1t. But this very provision
implies that the vote OF any State may be re-
iected in case both houses concur ia reject
log It. Way should not the same rule obtain
in the West Virginia Leeislaturey
judge FERGUSON, OF West Virginia, was
once q very prominent politician IN that
State. He is stila Leading lawyer. The Re-
publicans claim that be is on their side in
this controversy. But they seem TO have
Jumped 10 that conclusion. Here is what he
says for himself:
81 have In casual conversation with some
OF my Democratic, as well as with some OF my
Republican friends. stated rs my decided
opinion that IL was the duty OF the Speaker
OF the House Of Delegates at the proper time,
under the plain mandate o. the Constitution,
90 open and publish the returns OF the cleo
ton OF Governor and all the other ex-
ecutiye officers in the presence OF the
two housVs OF tho Legislature. This
IL Just what the Constitution SAYS he
shall do, and neither the senate nor the
House OF Delegates, nor both together. have,
in my opinion, anything 10 do with II until
these returns are opened and published
aud understand the reading OF the returns
BY tbs Speaker. or by some one for ham, 10
be the publication required by TIE Conslitu.
ton. As TO who takes the control OF the
matter after thIsis dOue the Constitution is
silent"
The Democrats may act upon this hint.
Nothing else can be done until the returns
are opened and published; but when the
Clerk has read the returns that requirement
OF the Constitution will have been complied
with. and the Joint assembly can then pro-
coed to pass upon the returns, rejecting the
fraudulent decldias between the contested |
ones, aud doing justice as between GoFr and |
II RAINn-