Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-03-14
BOLD ROBERT CARR
THB MAKES A GALLANT ASSAULT ON THB
G0YBRN0RSHIP.
his Petition Presented in the Supreme Court and the
Case Argued-A Decision Expected in
Few Days - Other
State News.
Speeial Ttleoram 10 lhe Reqlslfr.

Special Telegram 10 me Register.
CHARLESTON, W. Va, March 13.-R. S.
Carr filed his petition to-day by Judge
J. II. Ferguson, his counsel, in which ne
alleges substantially his election to the
Senate; his election to the Office of P1esi-
dent Of the Senate, which he now holds;
that there is a vacancy in the Office of
Governor; that f. Willis Wilson is a pri.
vate individual and has usurped the posi-
tiOn Of Governor by holding over, to which
position he had no right, his term of Office
having expired on the 4th of March; that
either Goff or Fleming was elected
Governor OF West Virginia on the
9th dsy Of November last; that
both are under disability because the
Legislature refused pending the contest to
declare who WAS elected Governor; and
that by reason Of that clause of the Con-
stitutiOn which declares that in case of the
death or impeachment, resignation, failure
to qualify or other disability of the Gov
ernOr, the President OF the Senate shall
act as Cover lor until such disability is re-
moved, &c and that the Supreme Court
has decided that General GOff's qualiica-
ton amounted to nothing; that Fleming
had not attempted to qualify, therefore
petitioner is entitled to act as Governor,
and prayed that Il writ of mandamus issue
60 compel f. Willis Wilson TO turn the
c ffice over to him.
Governor Wilson answered the petition
denying Carr's title and setting up his own
case.
The greater part of the day was con-
sumed in argument A great part Of the
same ground was gone over as in the Will
soD-Gof arguments. COnsel for Mr Carr
claimed with a great deal of effect that
the constitutional provision that the Gov
ernOr ard other executive officers should
serve until their successors were elected or
had been appointed and qualified, was
deraier resort-one which the trainers of
the constitution intended should cover q
case in which all other provision for the sue
cession had failed. It was farther claimed
that there was al election on November
sixth; the action of the Legislature had
established disability which prevented
the man who was elected from performing
the duties of his Office, and under such
conditions the President of the Senate sue-
ceeded
Counsel for Governor Wilson cOmbAtted
these positions and cited many authorities
to show the Justice of the Governors
claim. They contended that it did not
necessarily follow that there was an cleo
tion on November g. A tie might have
resulted, and in any contingency the de-
claraiiOn Of the vote by the Legislature
was nee ssary TO give any man good title,
or make Governor; without such declar-
alton there could he no Governor, no fail
ure to qualify and no disability. Mr.. Carr
could not therefore succeed under the
Constitutional clause, establishing the sue
csssion on him. Resort was had to the
clause which provided that the Governor
should hold until his successor was elected
and qualified, and it covered the case COM
pletely.
The argument was concluded late this
evening. and the case submitted. The
court will render its decision tomorrow
morning or Friday.