The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-02-04

CHARLESTON, w, VA, Feb, Sat
1880 yesterday the Senate appeared in
the hall OF the House to proceed with
canvassing the returns, The hall was
again crowded. Tho pending question
was the resolution OF Senator Maxwell,
Republican, OF Harrison, that the
Speaker OF the House shall Immediately
open and publish the returns OF the late
election.
Delegate Moore Republican, OF Har.
rison, had the floor. Resuming his
speech Of Friday, he said he INDUCED
the hope that after q nights rest the
joint assembly had come together to
work It's proceedings with that doCorum
which should mark deliberations OF u
body OF this character, This joint rs.
sembly has great constitutional duty
to perform. The resolution OF the Sena.
tor from Harrison, rs far as II goes, is
based on mandatory requirements Of the
constitution. The majority hhs declared
by resolution that tho result shall not be
declared. The resolution now pending
embraces all that is left of mandatory
constitutional provision. Any question
OF doubt that may arise can only relate
to the person that shall declare the re-
suit.
VIOLATION OF THE CONSTITUTION.
"But now We are confined TO the sin
gle proposition as to opening and pub
fishing the returns. You have said that
the result shall not be declared. The
Constitution says 1t shall be declared.
You have said It by the force Of mum.
bers, in direct violation Of the Constitu.
ton. This question Is frat addressed to
you, sir, us Speaker, to say whether you
will do your solemn duty and open and
publish these returns. This body, in
Joint assembly, has nothing to do with
the contest-that Is to be tried by joint
assembly OF another character. This
proceeding is under the Constitution.
The contest is under the statute"
In concluding lengthy aud able ar
gument, Major Moore said he hoped the
time would never come when party
mandate Conld induce him to violate the
plain provisions Of the Constitution.
SENATOR PRICES SPEECH.
Senator Price Dem, Of Mineral, said
the gentlemen on the other side having
used inexcusably harsh language with
reference 10 u position on his side, 1t was
proper to give some further reasons for
The action taken and proposed by his
associates. The duty now to be dis
charged Is the most important in the his.
tory OF the State. This is a popular gov.
ernment, founded on the idea that the
majority OF the citizens OF this State
shall govern this State, and that no one
who is not majority Oflegally qualified
voters OF this State shall hold office
within this State. All OF our statutes
have in view to ascertain who has re-
Ceived majority. This Is the great
principle TO bear in mind. Gentlemen
on the other side are contGnding that
because certain papers in possession
Of the Speaker OF the House show a GER
tain thing, General Is entitled. to be de-
clared Governor, Notwithstanding he
may hereafter be ousted from that office.
1t Is strange that gentlemen who
arc usually disposed TO liberal ConstruC-
ton Of the constitution, arc now contend.
ing for the striCtest construction. Gen.
tlemen would endcayor to ascertain what
was in the minds OF the makers Of that
returns. DoIwe come here simply as
spectators, to SEQ the Speaker open the
returns and declare who is Glected2 II
80, what is the use Of all this trouble TO
come here? This is a question on which
great statesmen have divided. The only
Instance in which there has been dis.
putC as 10 the election OF President Of
the United States was when Congress
took charge OF the returns. So when We
assemble It is not merely to see minis
terial duty performed, but 10 ascertain
who has been duly elected Governor
and 10 declare him. Eversince the cleo
tion the people have been in uncertain.
~ as to who was elected, and they are
looking to sec that question determined
by this Legislature.
SUPPOSE A CASE.
The rule which applies to the office Of
Governor Is different from that which
applies to any other Office in the State.
Suppose We open and publish these rc.
turns, and suppose II shall appear that
ho has OIL the iNCO Of tho returns
majority OF 100 Suppose, on the 4th ot
March he shall take the oath OF office
and take the scat you place In his hands
the power TO prevent the investigation
OF Ills right TO his seat. do not wish 70
be understood that a man OF General
Colts character could 80 far forget him.
self, but II II were man oil inOrdinato
ambition there would not be power
enough In the State To get him out. HO
IA commander Of civil and military power,
he can Call upon them and upon author
It's Of great Federal power TO maintain
him In that position. Can II DO possible
ihat tho makers OF the constitution In
tended TO place In any mans hands this
power when ho had not been 0leCtedH =,
Senator Prices argument was heard
with close attention., II wls q strong
speech on the wrong side Of d great ques'
ton.
UNITED STATES SENATOR.
Tie hour Of 12 approaching, the Sem
atoB repaired 10 their chamber and re-
turned to 30 into joint convention To
elect a United States Senator, kOnna
received 80, GolT Is, Sainuel +. Hawvei
.Ig, Dorr voted for Judge Henry Bran
non, After one ballot the joint assembly
dissolved.
AFTER DINNER.
Senator Price continuing after recess
for dinner, said the same body thai
opens tho returns tries the contest and
no Argument ON tue other side cat
make II otherwise. II Gen. Coll . herI
declared 10 bo elected that ends th'
matter,
Senator Campbell (RVpubliCan), o
jackson county, rpCitGd The history 0
I tho recent efforts by Republicans In thI
Legislature 10 come 10 All understanding
on this subject. lie warned the olhe
side that they were laying up o ptCCC
u dent that might bO troublesome with