Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-03-01

day by granting certificates OF election TO
Hon. John D. Anderson and Judge J. NJ.
Jackson. both Of the Democratic aspirants.
The following opinion by the Governor
fa.ly explains his action in the premises:
>a.eor Vest IIrginia. Proelamationl5y He
Garrnor
EXECUTIVE DEPARTMENT, 7
February IS, 1889.
The Governor having received from the
Commissioners ofthe County Courts of the
several counties Of the Third and Fourth
Confessional districts Of the State Of West
Virginia. excepting the coan;y of Kama
wha. certificates Of the result Of the vote
c3.tat The election held on the Tuesday
ness, sitter the first Monday in November,
I-~-. tor Representatives in the Congress
o.. .se United States; and it being appar-
s-. lot tas reasons hereinafter stated, that
t-e 1,,arls from Eanawhs county cannot
now be made before the beginning Of the
Congressional term OF March 4,h, 1889,
t,s day proceeded to ascertain and declare
ths rssultc Of said election in said Congress
s.oaal districts
The County Commissioners declared the
result of the election 10 Ranawha county
December To- lsss. The certificate was
mailed in this city on the 18th day Of said
month aud received at this office late in
afternoon Oa the same day writ Of
csrtiorai was awarded by the Circuit
Court Of Esnawha county, on the petition
of John %. Anderson, VINO claimed to be
elected TO ssid Office Tor t5e Third Con-
-rsssi5nsl District, against said Commits
s.ouers and against james II. McGinnis,
who also claimed to be elected to said
Office The order awarding the certOrari
provided fora supesedea7 to the judgment
and decision OF said Comm issioners, upon
the execution Of bond as required by
statue The bond was forthwith executed
and said Judgment and decision suspended.
HOW AIDERs0N WAS ROBBED.
A certified copy Of the record in the GER
f0rg- proceedings shows that said COM
missioners in declaring the result Of the
election iu said county excluded from the
recount. had, under the statute, on the de-
mand of -aid Anderson, asuthcientnunber
of ballots in his favor 70 have secured his
election % sand office
Ilsye tine aad agsin personally urged
counsel on both sides OF this controversy,
to insist upon prompt decision by the
Circuit C1uI,. in 0rdcr that a final conclu-
sion might De reached before the fourth Of
March uext-the beginning of the Con-
e-ss-i1ral term can see no reason why
it hould not have been done.
The circui. court aforesaid on the 23rd
inst entered judgement reversing the
entire proceedings, and finding of said
Commissioners aud remandiDg the Ca5se
I-ron INQUIRY / iud thatDO steps have yet
hs.n taken FOX the Ie-assembly of said
Commissioners TO ascertain the election re-
sulf and it is evident that such result can
not now be ssceriainei beiors the begin
dino of the Congressional term. There
tore believe it to be my duty to certify
an election on the returns now 10 THIS
office.
JACKSON GETS THERE, TOO.
IN jackson, who was a candidate for
representative in Congress for tie Fourth
Congressional district, alleges that at two
polling places az least in Putnam county,
the election was held at other and differ
emit places than those prescribed b. law,
ard that motions were made before said
commissioners 20 exclude these polls from
thecouut. which the commissioners refused
to do. and that the msi0uty OF III
yots ia said county in favor Of
10. B. Smith for said office Is
made up in part by the returns from said
two polling places.
4. IS insisted by said Jackson that under
our statutes. il is in the power Of the Gov
eru'r 20 go behind the returns and enquire
into ths proceedings Of the county COM
misaonegs. GA the contrary, it Is insisted
by said Smith, through his counsel that
'the intentio0 Of the Legislature was to
Withdraw from the Governor all power
over the election returns whatsoever, ex-
ctp5 The certiicalion of what appeared In
the Office OF the executive department Of
the Slate. '
Many authorities are cited in the briefs
of both parties
The Governor cannot possibly have any
authority, concerning the issuing Of certid-
Gates of election, excepting that which the
statutes confer.
Section IS, Chapter 8, Code of 1868, pro
videi as follows.
Whenever the Governor, Senate or House
of Delegates for any reason deems it proper
| they may, by special messenger or other
wise, send for and procure proper returns
I from any county or counties, and the pOll
books. ballots and certificates Of the In
spectors and Board of Supervisors, depos-
tied 10 the offices Of the Recorders, shall
bs at all times subject 70 the order of the
/ Governor, OF Of eithey branch of the Legis-
I lature.n
rIE GOV ERNoR's rOwER IN THE CASE.
The provisions of this section were re-
enacted in 1873, but the entire section was
repealed 10 the general revision and re en-
actmeut Of the election laws in 1881.
The following portion Of sec. %, chap.
/ %. Code OF 1SS7, contains the only power
vested IN the Governor concerning the
matter under consideration. "Of the GER
/ ti6cates respecting the election for
l representative in the Congress Of the
/ nitsd States the commits
sioners shall transmit one in each case 70
/ the Governor, who ohall ascertain who are
elected and make proclamation thereof %
L Under the present law the power of the
Governor is limited 10 the consideration Of
and action upon the certificates transmit
ted 70 him by the County Commissioners
/ A certificate Issued 10 a candidate could
not be considered, as the law does not au