Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-03-09
FIRST BLOOD DRAWN
IN IHB LEGAL DEBATE BBP0RE THB
SUPREME COURT
6of a1i Wilson's Claims Argued at Length
The Advantage Seems 10 Remain With the
Goysu0r-Ths Case 70 Be Sub
mitei To-Day,

The Advantage Seems 10 Remain With the
Goysnor-Ths Case to be Sub
miiiei To-Day,
Special Telegram 70 the Register.
CHARLESTON, March S.-The real battle
Tor the gubsrnatorial chair, pending final
decision of the contest between Judge
Fleming and Gen. Gof, began to-day.
Governor Wilson and Gen. GOfF were the
in the Supreme Court. The
proceedings were in mandamus, as out
lined in this mornings REGISTER. The
advantage Of to-dsy's discussion, es far as
any one can Judge, clearly remains with
Governor Wilson, though of course it is I'M
possible 20 say what impression was made
on the minds Of the distinguished inrists OF
the Supreme Court.
ST. CLAIR's STRONG ARGUMENT
The Court room was crowded this morn
ing when the argument began. Hon. J.
w. So. Clair, representing Governor VIII
son. spoke frst, demurring to the peremp-
tory writ Of mqp3amus applied for by Gen.
GoH HIS argument was d complete review
of the Constitutional and legal points
involved and very convincing II every
detail He maintained first that the whole
matter was pat in the Legislatures hancs
by the Constitution. The Legislature wss
the fnsl returning bomd When it met in
Joint assembly to consider the election re-
turns. ID was clothed with Judicial powers
To make what disposition of them
% should choose, IN certain
limits laid down by the
Consultation. In view Of the fact that
contest was pending FOR the chief exscu-
tive office. which contest would not be de-
cided before the fourth of March, when
the executive should take his seat, it was
r.gh. and proper m the Legislature to de-
Ier the announcement OF the gubernatOrial
vote. and thus prevent any man from gain
ing an advantage which he was not enti-
lied 90. OF holding position from which
might be impossible 10 ejtc. him whfn it
onid ba shown that he was not fairly
..ced Tue legislature had taken this
course, and IN 20 doing had not trans
ld sny constitutional provision.
GoFF HAS NO CLAIM
Gen. COT, be said, hsd no claim on the
office Dsaue BE had received 90 legal Ger
tf .ate Of election from any bO6y that was
capable OF granting one he could have
no right except as be derived IL from the
legislature, basing it's action on o msTjOr-
itv o. the legal votes cast but the Legisla-
t1rs had suspended it's decision, and Gen.
G-l-s rights wele held in abeyance until
the suspension was removed. Mr.. st.
Clair quoted q great number Of authorities
to show that the legislature had Judicial
uower over the election returns. and that
It's duties were not ministerial He made
a complete and convincing argument.
lie was followed by Mr. A. Burlew for
Mr. Cot. Attorney General Caldwell fol-
lowed slr Budsw. and Mr.. Hubbard and
Nr. Hutchinson closed the argument foT
GEN. G.H Mr. CALDWELL argument was
eQusuv as effective as Mr. So. Ciair's- lie
uale the p1ia, tut that the Supreme
C'urt had no Jurisdiction iu the matter.
Tue Executive and the Legislature were
both tqusl and co ordinate branches o.
government and within their range Of
duties we're not subject % the mandates OF
the courts. lt, i0r instance, the Court
should decide that an executive Of the
State was uo,fenltled 20 the position he
held how could n enforce that decisions
The executive euforces the laws, ami with
ont bis concurrence the Courts would be
power.ess. Tic was folly TO presume to
clotha the Court with sn authority which
it had no means Of supporting.
THE LEGI5LATURE's POWERS.
Mr. Caldwell then argued that the Leg
isAlure had Judicial powers over the cleo
tiou turns. The Court had previously
decided tha. the Legislature could not be
manjamus5d IN this matter. and this de-
cis0n was q recognition Of the fact that it,
duties use not merely ministerial. The
legislature was Ia the limit Of its powers
then i1 refusing 20 declare the guberna-
tarai vots without such declaration
Gen Gcf or any other msn could have no
te The office. The fourth of March
c.r. TCers was 10 man 10 whom Gov.
W could legally surrender his office,
aci ls held it under the constitutional
clause. which provided that the officers OF
tle State should serve until their success
-1rs were appointed aad qualified.
ARGUMENT FOR GOFF.
The counsel for Gen. Goff maintained in
brief that the duty of the Legislature to
canvas the returns was merely ministerial.
Tie Constitution plainly provided that 1t
should be- done, and the provision was
mandatory. The Legislature hsd not done
this. a-d Gen. Gcf was aggrieved thereby.
There must oe soue remedy allowed him
.or this v1oog, and the colrt had jurisdlc-
ton to apply the remedy. Gen. Col was
unqnestionabIy elected on the face OF the
returns, and he should he given the ad-
vintage CT that election by being placed
i1 the Governors chair.
Nr Hufchinson's discussion of these
|p1iots was uuusuaily sharp and iRcislye.
/ at che conclusion of his argument court
adjourned. Gov. Wilson Will close the
case and 10 wiu be submitted tomorrow.
A decision is expected early next week.
A. rr.t.r.,..t r,r1ea Hama