The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-02-05

I
\ organization Of the House, which wa
\ on the tirst day OF the session. Tall
I about violation oi the constitution, thi
q House didn't do it, No Democrat diI
/ 1t, You Republicans have been in rev
i olution ever since the opening OF th,
/ Legislature, and now, when you d.
/ come here you have the aalrontery L
. say that we are in revolution. Can |
3 be that we are required to assemble herr
! for the idle ceremony OF looking at tht
) Speaker open tue retlrns2 1t Is absurd
, Wouldn't 1t have been as sensible to say
the galleries should be filled to witness
the ceremony
!, AN APT QUESTION,
Mr., Young-Will the gentleman tell
us why the requiremeptto openis bind
ing and that TO publish isn'tP
Mr., sprigg-If you will possess your
: selves In patience l will try to answer
you, Now what you demand may be all
right when there is no contest, but do
you believe that the whole power Is
placed in the hands OF heSpeaker OF the
House? We have not been told when
this House departs from It's ministerial
character and puts on a judicial CharaC.
ter. There is no provision that the
President Of the Senate shall be learned
in the law, The judicial character OF
this body begins when II has Official
notice that there is q contest. Whoever
noticed the confusion on the other side
when Judge Fleming's notice was filed
could very easily determine when this
body put on its judicial character. Re.
publiCans contend that certificate
which Judge Fleming has branded with
fraud shall be counted In these returns.
sPRIdG IS BOTHERED,
Mr.. Young raised a point OF order that
Mr., spngg's remarks were not pertinent
to the resolution, and therefore out Of
order. The Speaker said he did not
wish to determine that question, and it
was not pressed, though it was evident
that Mr., Young was bothering Mr..
Sprigg, who, continuing, said there was
a Certiorari proceeding with which this
Legislature could not Interfere. Under
the laws Of this State you have no re-
turns for the Governor from Kanawha
county.
Mr.. Hanen-Did not tho Court Of Ap.
peals say the Legislature had sole con.
troll OF this matter?
Mr., Sprigg-It does not matter II it
did, though think 1t did not; that is
not what We are considering.
Mr., Hanen-Are we here TO try the
vote OF kanawha country, or to do some.
thing elseP
Mr.. sprigg-We aro here to consider
all the returns from all the counties
not to sit here like dummies listening to
the reading Of tho returns. We are not
trying, only getting ready to try It, but
we are now judicial body. Are we to
pronounce Judgment aud then try the
case2 For himself lie would rise above
party in this matter, II this constitu.
ton be mandatory in one particular IL is
in all, and so II the declaration Of the re-
suit need not be made, why Is 1t insisted
that the result shall be publishedP
AMUSING coLLoQuY. X.
He would call attention to n publica-
ton in the Charleston dispatches to the
INTELLloEScER, saying that Golr was
neither dead nor disqualified, and he
would qualify.
"Ihat is right" interrupted some Re.
publiCans.
Mr.. sprigg-Tho Senator from Richie
had told US about wading in blood up to
our boot tops at about this point.
Senator Morris-I did not say that ex-
actly. | said nothing about boot tops,
though | may have forgotten to say we
should go bare footed, Laughter.
Mr.. Sprigg-I did not so understand
the Senator.
Mr.. Morris-1t God Almighty did not
give you brains enough to understand
me, that is not my fault.
Mr.. sprigg-lf He did not lie must
have been short at the time.
Resuming, Mr.. Sprigg said he eproposed
TO hold off Golf and Fleming, putting
them on an equality.
Delegate Moore (Rep,), Of Harrison
You want to put men on an equality
after the people have elected one oi
them?
Mr.. sprigg-That is what We are try
ing to find out, who Is elected. / don't
know any law to, determine this in ad.
vance OF trial.
A voice from tho Republican side
Maybe you don't want to know.
Mr.. sprigg-Well, II don't, l won't
learn 1t from the gentleman.
Mr.. Moore-That was not my answer.
Mr., Sprigg-Well, that is my answer.
Mr.. sPRlGd coRSERED.
Going on, he said that in 1870 no cleo
toral certificate that was questioned was
opened, read or published.
Senator MAXWELL say they were
read. Read the Senate Journal.
Mr.. Sprigg-Well, | won't discuss the
matter with the gentleman he is older
than ! AIN.
Mr.. Maxwell-When state facts, they
are faCts; when tgive opinions l may be
mistaken,
Mr.. Sprigg went on 10 argue that pro-
ceedings before the Electoral Commission
strengthened the Democratic position in
this matter He read from the speech
Of Roscoe Conkling. in which Mr.. Conk-
ling was interpreted us taking the
position now taken by tho Democratic
party. Mrsprigg said that when the issue
comes to be tested he will vote to seat
the man who may be shown TO be elect
cd, no matter whom that may be.
Senator Tlournoy (Democrat) Of
Hampshire, rs an amendment 10 the
substitute moved to add that the Speaker
shall also now open tho returns for Gov
ernor, which, however, shall, without
being entered on the journal OF either
house, DO referred to the committee 10
try the contest. Mr. Lively accepted
Tie amendment. Mr.. Flournoy said the
amendment was suggested by tho able
and learned speech Of tho Senator from
Harrison county Mr.. Maxwell.
Mr. Sprlgg moved the previous ques.
tion on the substitute.
NIr. Scott thought IL strange that the
previous question should 10 moved on
4 new proposition.
Mr.. sprlgg withdrew the demand for
tho previous question and Mr.. Scott 70.
nowed II. The ayes and noes on this
were 80 10 80, which showed that q tic
vote on lIyely's amendment would de-
feat IL. Zach side saw the point The
Democrats became suddenly dUsirous to
adjourn, the Republicans insisting TO 20
on with tho business. Tho Democrats
looked the field over 10 soc who Of their
a 49,