The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-02-05
read fOrall State officers except Cover

n read all State officers except Cover
nor,
Delegate Meyer Republican,, OF Ka
d nawha, said that none Of the Construc
p tions put on this constitutional provision
= by the other side anything TO do with
the constitution. The Senator from
Q Mineral, for example, had said that u
!, Gof was put in the Governors chair he
y could not be ousted, but what has that
q to do with the constitutional command
i that you shall do this thing2 You don't
!, deny what the constitution requires, but
!, you say you fear the results OF obeyinP
! the constitution, The question Il
whether we are going to declare who
has the majority Of the votes, We are
not here in political convention, but in
assembly to doasworn duty.
A STRONG POINT,
: Do you think the people who voted
for Governor will endorse you ii you
say you will take no notice at all OF the
election Of Governor? For the moment
stand as the champion Of Judge Flem-
ing and say you are treating him with
contempt for you refuse to recognize that
he received any votes for Governor, You
are treating Gotf and Fleming shame
fully, Mr., Carskadon, Prohibition nom,
inee for Governor got some votes. He
: could as well come here, give notice OF
contest and forbid the publishing OF the
returns, He only needs a majority in
this assembly,
MIR, McCreery Dem.) J, OF Raleigh, took
the ground that this resolution was in
consistent with the resolution passed the
other day, The moment you place on
the journal the tabulated statement
showing u majority for GotF, you Re.
publiCans would say that Goif has q
majority and should be declared elected.
1t Is the joint assembly not the Speaker,
that opens and publishes the returns.
The result cannot be changed here
while there Is q record In eacll county
in the State. This joint assembly has
full power over the returns and full
power to say who Is elected. In 1880,
Judge Ferguson held this view.
Senator Scott Would the Senator
from Raleigh like to have Judge Fer.
guson's opinion nowf
a SILLY REIoINDEll,
Senator McCreery-We are entitled to
our own opinions now. [I.aughter.] l
don't think Judge Ferguson's viewsno
when he is an old man, so good as when
he was in the prime Of life, [Derisive
laughter on the Republican side.
DR.. Bryte, (Rep,), OF Preston, said he
| Nu0u M taWuOttfh 0u tynFn unO1n n In.
men on the floor, but he would like to
know in plain way whether, there were
no returns for Governor. MOI they are
In your hands, Mr.. Speaker, and you
will not do your sworn duty. Why do
you not perform your duty? This sub.
stitute resolution was worthy tho legal
ability OF the gentleman who indicted
his neighbor for the murder OF sheep.
Tho indictment was in the hands OF u
gentleman Oh the floor, and had been
passed around pretty generally, so that
the reference TO Mr.. LiVely's indictment
was understood and provoked laughter
and applause.]
SENATOR MAxwELL's STRONG SPEECH.
Senator Maxwell (Republiran), Of
Harrison, said that ever since he had Of
fered his resolution that branch OF the
question which It covers had not been
touched in the discussion, the assembly
having taken the matter out OF the
Speakers hands, as in Senator Max.
wells Judgment II should not have done.
He had framed his resolution to meet
this view OF control 80 that the assembly
might direct the Speaker what to do. 1t
has been asked what would be the re-
suit II the returns were opened? That 1t
was not necessary TO say. Let the proper
disposition be made, which he thought
would be reference to the committee
TO be raised TO consider the subject. 1t
can't be that the Speaker or this Legisla.
ture can deny to the people the right 10
know what Is in those certificates. 1t Is
held ON the other side that the mere
opening OF the returns is the declaration
OF the result. The questions are wholly
different. Until the returns are opened
no result Is shown. Reference has been
made to the Electoral Commission OF
1875. What went with those certificates
there2 Who thought to say they should
not be opened2 No one thought TO say
there was power TO make the President
OF the Senate violate his oath. Those
certificates were read and where no
objections were raised the returns
we're included in the count. In the
Florida case the two sets OF certificates
were read aud referred to the commits
sion. Always the President Of the Sem
ate opened the returns. In that great
body no attempt was made to evHde a
simple constitutional duty. Our constl-
tuition says they shall be opened. What
have We 10 do but open them2 II the
seal be broken and they be opened.
They arc by that act published. Here
are two duties. The first, to open, in.
cumbent upon the Speaker; the second,
l thought equally his dutytO declare the
result. But this house has taken an op.
posite view and the question Is open to
two constructions. Not SO with the
first duty to open, about which there
can be no difference OF opinion. The
constitutional requirement Is imper-
atiye. What goes with these certificates
for Governor after they have been open.
ed? Where docs Speaker putthem2 Z
In his poCket-that Is one suggestion.
Where is the advantage TO anybody In
refusing to open or in opening these re:
turns. There Is no advantage beyond
enabling the Legislature TO Investigate
the whole subject when submitted. How
arc we to get away from the constitu-
tional command What excuse can be
glvenP
MIR. srRlGG's CHILDISH BREAK.
Delegate Sprigv Democrat, OF Hardy,
said ' he approached with fear and
trembling discussion OF this question.
| All this stuff about King Caucus and the
violation Of oath should not have been
heard on this floor. What do We know
on thissldO about King CaucusP l might
say that you, too, arc controlled by King
Caucus, and he Is only ono man. l
might say YOU arc owned, body, boots,
breOches and shoes by Nathan Col.
Delegate Stuck (RepubliCan), OF Dod'
dridge-Do you say that2
Mr.. Sprlgg-1 say l might say ", butl
don't. .
MF. stuck-You wouldn't believe 1t II
you did say II.
Mr.. sprlgg, reguming, said tho resolu.
linn of SENATOR Maxwell was directly In