Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-08-13
THE SMALL MAJORITY
OF REPUBLICANS IN THB HOUSE OF
REPRESENTATIVE
Is What the Defeated Republican Congressional Can
didaies From West Virginia Rely On-The
Cases to be Opened To-Day From The
Third and Fourth Districts
Special Telegram to the Register.

Special Telegram to the Register.
WAsHINGTON, D. c., August 12.-To-
day wss fixed by the clerk of the House
Of spreeentatives TO open the depOsitiOns
in the contested election case of McGinnis
sgsinst Anderson. Mr.. MoGinnis was
present in person, accompanied by Col.
FGller, OF Greenbrier, his counsel. Mr.
AldersOn was also present, accompanied
By mis- counsel, Col. J. W. st. Clair. 1t
was disclosed thai McGinnis had not filed
his notice Of contest as the law requires,
but as q matter of canton Anderson had
fled both MtGinnis' notice and his
answer thereto Mr. McGinnis stated to
the clerk that his depOsitiOns taken in
rebuttal in Kanawha county, through The
negligence OF the notary that took them
had not besn forwarded 10 the clerk, while
the fact is that McGinnis is still taking de-
positions in Kanawha county, and that
most Of the depositiOns he has taken in re-
buttal were taken after his right 10 do 90
had expired under the law. Mr.. McGin-
els also stated 70 the clerk that he had
some documentary evidence that he de-
sired 70 file, but decliusd to do so for the
present, stating however, that it consisted
Of copies from the orders OF the county
courts of the various counties, including
that of KAnawha county, that showed that
be was.
ELECTED ON THE FACE or THE RETURNS
and copy Of the opinion of Gov. Wilson
given by him st the time he issued to Al
derson bis certificate The certificate
from Ksnawha county, in the possession
OF Mr.. McGinnis, has long since been set
aside and annulled by the Gc,iOn of Judge
Guthrie, of the Kanawhs Circuit Court.
who is himself Republican and as Odju-
dicator by the court Of appeals in the GOtf
and Wilson litigation. There has never
been certificate Issued by the County
Court Of Kanswha county, either iu the
gubaraatOrial or Congressional case, which
has not been set aside by the same circuit
court.
For the first time it is given out by Mr..
McGinuis that he expects the Republican
majority of the House of Representatives
to ignore the rules Of the House and the
acts Of Congress providing for Congressional
contest, and declare him eleoted on the
face of these orders of the County Courts,
ore Of which i5 oull ana void, as shove
stated, rather than act upon the certificate
of the Governor OF the State. The depo-
sitions taken for NcGinnis and alsO for
Anderson are all ordered to be printed on
both sidee, together With the notice Of con
test srd the answer.
THE JACKSON SMITH CASE.
o. tomorrow the depositious in the
case Ct c. B. Smith against Judge Jack
son, will bs opened. Mr.. Smith is in the
city. he Will be represented by the Cole
| Brothers, formerly of PArkersburg. Judge
Jackson is here with Col. St. Clair as his
counsel. It is understood that the depc-
sitions on both sides will be printed in this
case, Mr. Smith having already filed copies
Of the orders of the county courts Of the
various counties in his district, which he
claims shows him to have been elected on
/ the face of the returns He likewise ex-
poets the House TO declare him elected,
and have the House ignore the certificate
of the Governor.
It remains to be seen whether the Dem
ocrats of the House Of Representatives
will permit the law, the acts Of Congress
and the rales Of the House with reference
20 contested election cases TO he overridden
rather than hsve it pursue as heretofore
snd these cases tried upon their merits.
Both Mr. Anderson and Judge Jackson
have nothing 10 fear in the proofs il their
respective cases are to he regarded at ell.