The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-01-14
abe 9ntelliaeMter.
NFlre Nos, 80 and " Fourteenth Street,
ANSWERS OF GOPP AND JUDGE GUTHRIE


ANSWERS OF GOPP AND JUDGE GUTHRIE
To tho Rule. brought Against Them b,
Judge Fleming III the Supreme Court o
Appeals,
cHALRsToN, W, Va, Jan, Il, Follow
ing are the main points Of General COTS
answer to the rule against him in the
prohibition case brought by Judge Elem
ing in the Supreme Court OF Appeals;
General COTS answer recites that al
the election held on the 9th day OF No
yember, 1888, respondent and the said
Fleming We're opposing candidates for
the office OF Governor Of the State Of
West Virginia, and at said election re-
spondent received for said office ut least
7S,7l4 votes and said Fleming received
not more than 7S,604 votes, and all other
candidates received together not exceed
Ing 5000 votes in all 80 that respondent
received plurality OF all the votes cast
at said election for candidates for the Of
fec OF Governor, being ITO votes more
than said Fleming, and was duly elected
to said Office.
The Commissioners of the County
Courts OF the respective counties of the
State carefully and impartially ascer,
tanned the result Of the election on said
day In their counties, for Governor Of
the State OF West Virginia, and made
and signed certificates thereof, which,
before the first day OF January, 1850,
were transmitted to and received by
Henry s, Walker, Secretary Of the State
OF West Virginia,
The said certificates taken in tho ag-
gregate show the votes for respondent
and for said Fleming respectively, to
have been rs herelnfore stated
Among the certificates so transmitted
TO and received by said Walker, Score.
tary, was the certificate OF the Commits.
siOners OF the County Court OF Kanawha
County, showing in due form that at the
election aforesaid, respondent received
In Kanawha county for the office Of
Governor 4,60l votes and said Fleming
received S,0S2 votes.
On the 9th day Of January, 1880, being
the first day OF tho session OF tho legis.
lature, the said Walker, Secretary as
aforesaid, delivered to the Speaker OF
the House package said by him to
contain the certificates received by him
respecting the vote for Governor In the
several counties OF the State, except that
received by him rs aforesaid from the
Commissioners OF Kanawha County; the
said Secretary then stating as his only
reason for not delivering to the Speaker
the last mentioned certificate, that no
was restrained from so doing by an In
junction awarded by Hon. a. N. Camp.
bell, Judge OF the Tenth Judicial Circuit,
which injunction Is the same mentioned
In the petition herein,
On the I'd day OF January, 1850, said
Fleming served upon respondent q no.
tice in writing addressed TO respondent,
verified by the. oatlyoi said Fleming, III
which said Fleming Bslited as follows:
"And 1t ppeAtipeifrop the election
returns Of said elsqtipn us certified by
the Commissioners f the County Courts
OF the several counties OF the State that
for the said Office OF Governor you re.
ceiyed 1874 votes and | received 49,
G04 votes, and that the said number Of
7S,7l4 is u plurality Of all the votes cast
ut said election forth said office Of Gov
ernor, you are therefore notified, that
before tho next session OF the Legislature
of West Virginia, conYening onthe 9th
day OF January, 1850, shall in the man
ner provided by law, contest your cleo.
ton to the said office Of Governor OF the
State Of West Virginia"
In the said notice said Fleming stated
with reference to tho vote in Klnawha
county that the result OF the decision Of
the County Court thereof "was to ascer.
tain as the result of said election in said
county for said Office us between us to be
4,0Ol votes for You and 3,0S2 votes for
me and the said County Commissioners
have SO certified the same to the SeCre-
tary Of State" and further stated "that
the true result OF said election in said
county for said office is, Us between us,
4,7l7 votes for you, and 3, 200 votes for
tnG and should be SO counted"
Respondent shows that the plurality
for him in the vote OF said county as so
certified, was 1910, and that the plurality
for him In tho vote OF said county was
according to the claim and statement
aforesaid OF said Fleming |, 42l, or only
0S lcss than respondents plurality &c.
Coftling to the certificate filed with said
Secretary.
It therefore appears by the solemn
sworn statement Of said Fleming that il
the vote OF Kanawha county were certi-
fed as be claims II should DO certified,
respondents plurality OF 10 In the
whole State would be reduced by OS, but
respondent would still have twelve plu-
ralfty over sud. Fleming in the whole
State OF West Virginia, according to the
certificates from all tue counties OF the
State, and upon the opening and publ.
cation OF the said certificates, respondent
having. the highest number OF votes for
the office OF Governor, would be entitled
TO be declared duly elected thereto; but
on the other hand, If the said certificate
OF the result in Kanawha county be not
delivered TO the Speaker and opened
and published according TO law, the said
Fleming, while admitting a plurality Of
l2 for respondent upon the ilCe OF all
the certificates from the several counties
In the State, II that from kanawla were
as be claims 1t should be, might upon
the opening and publication OF the Ger
tincates be declared elected Governor, q
declaration which would be false and
fraudulent.
Respondent further says that the said
certificate from Kanawha county was
delivered to the said Secretary on the
10th day OF December, 1883, as be is in.
formed and believes and all the facts
SGT up in the bill on which said injtmc-
ton was awarded were then known to
tho said Fleming, the plaintiff in said
bill, but no attempt was made to procure
such injunction until January 9th, 1880,
the day tho Legislature convened, and
the same was not sued out until very
few minutes before the Secretary deli
vered to the Speaker tho package said to
contain the certificates from counties
other than Kanawha.
On that day and for two weeks ut least
before that day tue Circuit Court Of
Kanawha county WIS In session. but no
bill for m injunction was presented to
that Court at any time by sald Fleming
but said Fleming presented such bill ~
the Hon. A. N, Campbell, Judge Of the
Tenth Judicial Circuit In the city Of