The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-02-02


present.
THE BATTLE OPENED.
Then up popped Mr.. Sprigg Demo
crat), of Hardy, who presented Judge
Fleming's notice of contest and petition,
askingto be declared the lawfully elected
Governor. Accompanying this was
writ OF CcriiOrdri from the Circuit Court
Of Kanawha directed to the Kanawha
County Court to certify the record as
the Democrats have insisted IL should
be. This was the old much cussCd and
discussed KNnawha CertiOrdri,
Senator Morris (Republican), Of Rit-
chic, made point OF order and consti.
tutiOnal point, section 8, article Z, against
this proceeding. The joint assembly was
to canvass the returns and not 60 into
contest.
Senator Price tDemocrat), OF Mineral,
said these papers were presented here
because il Is not provided to what body
the notice Of contest is to be presented.
This assembly is tho proper body TO re.
fer the matter to be referred TO the
committee when appointed. He under.
stood there was no disposition anywhere
on the part OF Goir or the Republican
party to prevent the contest being
brought before the proper tribunal.
EXTRAORDINARY rREcAUTloN.
Senator Morris replied that this matter
had been freely discussed in the Senate,
where Judge Fleming's friends had pre-
sCnted his petition, saying they did so
out OF abundant prcCAution.
Mr.. PricC-Thats 1t.
NIr. Morris-rhen 1t is n most extra.
ordinary abundant preCautlon, for this
petition has been presented In each
house. II this proceeding Is merely to
inject this petition into this body, II Is
wrong. This isnot tho body which tries
the contest. Now, tho Speaker OF the
House presides; then, the President OF
the Senate. II has been said TO be the
intention OF somebody on the Demo-
Crutc side TO ask Il pOstponemCnt OF the
declaration Of the result Of the election
for Governor II this DO the object, Re-
publlcans have the right to resist this
proceeding. II was not proper to re-
CeivO these papers.
Tho Speaker ruled tho point oi order
out Of order Us coming too late.
AN APrRAL,
Senator Scott (Republlcan), wanted Ia
know whether the Speaker did not In
tend TO give the joint assembly a chance
10 appeal, and tho Speaker asked Mr.
Morris 10 state his point again, which
was done. Tho Democrats maintained
twas too late TO throw the papers out
after they had been read. The Republi'
Cana insisted that this made no dilIcr
enCe, bCCallBo " was impossible 10 know
what the papers were until they hac
been read.
Mr, sprlgg said everybody knew what
was In tho papers. MI, Floufnoy dem
oCratj, nadu tho further point that DO
fore tic appeal was taken tho Senator
from Mineral had the floor TO Oller U res
olullon. The Speaker said Senator Scot
WIS recognized 10 tako al appeal, =,
When Cars name was called ho ui'
not NnswGr Presently he stood UP 30
side tho Speaker aud explained 70 w
amusement Of tho assembly that IN th
heat Of debate he had dropped of Il
sleep. llO did not vote, Mi. Harrt o
Marion, voted with the Democrats, Mi
Kirk, Of PNtnam, with the llOpnbllcanE
QUEER ACTION or THE SPEAKER,
Mr.. Scott wanted to know whUthe
the Speaker voted. Being told that b
was recorded a. voting aye, Mr, Scot
replied that II was the first time he ha
, known Of presiding officer voting I