The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-03-01
HE gives ALLEGED REASONS
For One Of tho Most Deliberately
Unjust Acts of His Life.
Takes Advantage OF tho Fllmslest
Technlcalllles 10 Give Jackson a
Certificate, and Claims the Right
to Go Behind the Returns.
Congress VIII RIghtth
Wrong 10 MCGln.
MS and Smith.

s.tal DipaitI to thc htslligeHeT,
CHARLESTON, W. YAn Feb, 2S,-Goy-
srnor Wilson to-day presented John D.
Allrrson with certificate Of election as
Congressman from this district, and ]. L.
ThomhilI, editor Of the Star, was sent
with similar document to Parkersburg
this afternoon to j. NJ. jackson. There
is much indignation at the Governors
action among all Republicans and a large
number Of Democrats.
The Governor has prepared q state
ment giving his reasons for such action
S follow;
STATE OF WEST VIRGINIA; PRoCLAMA-
noS ny TIE GOVERNOR.
EXECUTIVE DEPARTMENT, I
Feb. 2Slh, 1889.
The Governor, having received from
the commissioners oil the County Courts
Of the several counties Of the Third and
Fourth Congressional districts Of the
State Of West Virginia, excepting the
county Of Kanawha, certificates Of the
the result Of the votes cast at the eleC.
ton held on the Tuesday next after the
fBt Monday in November, 1888, for
Representatives in the Congress OF the
United States, aud it being apparent for
the reasons hereinafter stated that the
returns from Kanawha county cannot
now be made before the beginning OF
the COngrts iOnal term OF March 4, 1889,
this day proceeded to ascertain and
declare the result Of said election in said
Congressional districts.
heCOunty Commissioners declared the
result OithecleCtiOn in Kanawha county
December Ii, 1858. The certificate was
mailed in this city on the seventeenth
day Of said month and received In this
office late in the afternoon. On the
same day writ Of crtiOrdri was award.
ed by the Circuit Court Of Kanawha
county on the petition ofJohn D. Alder.
son, who claimed to be elected to said
office, for the Third Congressional dis.
triCt, against said commissioners and
against James II, McGinnis, who also
claimed to be elected TO said office. The
order awarding the ceriiOrdri provided
for q SuPcrsedeas to the judgment and
decision Of said commissioners upon the
execution Of bond us required by statute.
The bond was forthwith executed and
said Judgment and decision suspended.
Acertiticd copy Of the record in the
ctHiOfdri proceedings shows that said
commissioners, in declaring the result OF
The election in said county, excluded
from the record had under the statute
on tie demand Of said Anderson, a sufEi.
Gent number OF ballots in his favor to
have secured his election to said office.
have time and again personally urged
counsel on both sides Of this controversy
70 insist upon prompt decision by the
circuit court in order that a final conclu-
son might bc reached before the 4th Of
March next, tue beginning OF the Con.
gIeSslOnal term. ! can see no reason
why i should not have been done. The
circuit court aforesaid, OH the 23d In.
slant, entered judgment reversing the
entire proceedings and finding OF said
commissioners and remanding the cause.
tpOn inquiry find that no steps have
yeI Deen taken for tue reassemblinv Of
sld commissioners to ascertain the cleo
uon result and II Is evident that such
tesul! cannot now be ascertained before
Me beginning Of the Congressional
letln' Therefore, believe II to be my
uuly 70 certify an election on the returns
now in this office.
jAcRsoS's CASE.
j. NJ Jackson, who was a candidate
ioF Representative in Congress for the
Fourth Congressional district, alleges
!hal at two polling places at least In
% r1Inam county, the election was held at
OIhet and different places than those
prescribed by law, and that motions
Sets , made before said Commissioners G 10
exclude these polls from the court,
WI. WhIca ihe Commissioners refused 10 do ;
SuI Ss, lhat the majority Of III votes in
SHI SaiI county in favor Of @. Il. Smith for
,%.a ,mu Oilce Is made up In part by tho re.
"ia' i, ltOm said two polling places.
rn ~ Is Insisted by said jackson that
ynust ,Su our statutes Il Is In tho power Of
srJ %y uoIethor to 20 behind the returns
Tn, SSn INQUIRE into the proceedings Of the
NVmHhly commissioners,
S.,,l Jn 'as contrary, II Is insisted by said
Su'l.l is,.l Through his council, that Gthe
%.sa %S%nHoh ol the Legislature was 10 with.
SS tbS S,,i IRON The Governor all power over
wv election returns whatsoever excepi
OMSe5VefIliicatiOn OS5 Of what appeared In t6e
tSs S S,,'I 81 Ilc Executive Department Of
oI both parties ''''''u III 'io pf'el'
.ns "v w, HioNetlOr cannot possibly have
sny authority concerning the iSsninv n
WhiSI6' hiI'SIes w. Of election, excepting that
NH,vll l lle statutes confer,
,JJeyguoh ", Chapter 3, Code 1893, pro
,,a maee as iOllowsi "Whenpyer lhe DIV.
sn. tuui, SENATE Vt House Of DelepateS 70,
SSy N .i,,lIIh reason, deems II proper, they ma, M
Il, vVlai messenger or otherwise sont
NJ, N, 'e m telnihSifom any county or coun
igc,,I,nu M, Inu ihG poll books, ballots and cor
,"SsI uSases OI the inspectors and hoard q
SpvIvl'on, deposited In ihs offices a
~ ,V N L,svorlen shall be at ali times sublec
G,,S,e,o, Gme oidet Ii Of the Governor or eil6e
'1RCh T Of the l.eVislAlurp.6
p.os. S provisions Of this section ver,
WvSua.Ied Ws. .e, l9 lSia, but the entire SeCtiol
,.'on! S nr!vptNled In the general revision an,
lSSl. VI 'he election laws II
,bsn,.!i 5nS following portion Of section Q;
pIi 81, Code Of 1887, contains N
Se,S & power vested In the Governor cor
NV tne matter Under consideration
elesIioDW We 70 certificates respecting Ii
SS,n,ii SUusiss' Of the United slSiSS, : N
eSso ~ ',sllOnenS shall transmit one IN eao
lain ue Governor, who shall asCoI
mIi!lon thereof y WV "'u 'naAo pFOVi'
msS S4He' n the ptpsen. law The poWef
SlIoN M NuooIyefnof Ia limited 10 lhe consIde