The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-02-07
THE DEBATE IN DETAIL.

Niw steps In tho Progressive EuChre Game
What is Expected To-day.
Special DiSpaich TO ne IaisHi0Meer,
CHARLEsToN, W, Va, Feb. O.-Ai
soon as the joint assembly met thiI
morning Senator 0xley (Dem,), Of Lin
coin, offered resolution providing thai
the returns for Governor from all the
counties attacked by Judge Fleming
shall not be read us heretofore, but be
referred to the contest committee with
out reading and without debate,
Senator Morris (Rep,), Of Richie,
made the point OF order that tile resolu'
ton was not in order.
Thechairheld the polntnot well taken,
Delegate Lively (Dem,j, Of Lewis, cx'
planned that the Speaker was only asked
to refer this return to the committee. AS
a friend and neighbor Of General Got,
he was unwilling to see lin placed in a
position soon to be laid aside to hatch
chickens for the remainder OF his life.
Golr and Fleming both charge fraud in
his county.
Senator Maxwell (Republican), Of
Harrison, said this resolution is very
broad. It forbids the reading to this
body OF nearly all the returns yet TO be
opened. TheTe is not d single certificate
attacked by Judge Fleming for traudu-
lent voting. HU does say in many OF
these returns that certificates are not
valid because some one has voted who
ought not to have voted. A voter may
vote illegally, believing he has the right
TO vote, but il is not fraudulent. Under
this resolution the great Republican
counties, such Us Harrison, Preston and
Ritchie, cannot be counted because they
are attacked by Judge Fleming. The
vigilant attorneys, vigilant In place and
out OF place, have found Just how many
votes should not have been cast. They
charge Just four in Harrison, yet they
would throw out tho vote Of these
counties.
MAxwELL's RINGING REDuKE.
Senator Prichurd tDemocrat), Of
Wayne, wanted to know whether GofI
or Fleming could receive stolen goods
without being taunted.
Senator Maxwcll-AIy young friend
from Wayne would not asS that ques'
tion II he were older. lie no doubt re-
ceived Just such votes in his own cleo
tion. Not in a single Instance is Gen.
Gotr attacked for fraud. When 1t shall
be shown in the manner prescribed by
law, that any OF these votes are stolen,
the man who keeps them Is n thief and
robber. [Judge Maxwell advanced
across the floor and thundered this into
Senator PriChards 8 car, his voice ringing
through the hall:1 "I Twill say further to
the gentleman from Wayne that when
he attempts 10 throw out ! 800 votes be-
cause four votes arc attacked he puts
himself in the position OF thief or u
robber."
Senator Maxwell was about three feet
from Senator PriChard, and the specta-
tors craned their necks to see the result.
There was none.
Senator MCCreary (Dem.), OF Raleigh,
wanted to know II the reading was not
to benefit Gol, why was 1t insisted on ?
II does not help or hurt.
Senator Maxwell-If II does not hurt
you why do you object toit2 [Applause
on the Republican sidc.1 The Demo.
cratic argument destroys tue Democratic
position. Tho resolution cannot take
from the Speaker his duty to open and
read these returns rs was done in 1876
In the presidential matter aud III this
joint assembly until now
LIvELY's iLL.TEMPERED REMARKS.
Mr.. Lively said Senator Maxwell had
evaded his question. Mr.. Lively's voice
was full Of tho husks OF fcxCltement He
read from Gotf's rcturn notice alleging
certain illegal votcp, and wanted TO know
what Mr.. Maxwell, ns q Judge, would
do with such Il petition In n case before
him. Tho very certificates which tho
Speaker now pollutes his hands, by
handling Is tinCturCd with fraud.
Mr.. Morris wanted 10 ask Mi. Lively
q question and Mr.. Lively replied that
he did not want to DO interrupted by
the clown OF this assembly" Returning
to Judge Maxwell, he said he hoped he
would lay aside Ills partisan bias and try
TO do what Is right.
Senator Maxwell replied that no man
can be prosecuted without indictment,
There is none here. A court Of justice
would not try a man for forging g vote
without reading the vote itself. Courtt
don't decide In tho dark without seeing
the papers they arc called 10 decide on
II ID now asked only 10 read these papert
and send them 10 court.
Four gentlemen were on tho ilooi
calling, "Mr. speakerW
THE sPEAKER's DUrY.
Delegate Moore (ROpubllCan), Of Har
rison, being recognized, SNld the Demo
Gratis Coniound thingr, They seem Il
think judicial duties begin before minis
terial duties end YOU Democrats pro
coed Oh the theory that you arc hert
trying tho contest, On the contrary y0t
are here under the Constitution ant
statute 10 canvass these returns. YOU
Mr. Speaker, sit there 10 discharge
great constitutional duty, We are al
here 10 know about tho result oil thI
election on November 0. How arc W
to know II five don't know the returns
Tho mere fact OF q contest has nothlnI
10 do with the performance OF this duty
Mr.. OKlOy obtained leave 70 WITHDRAW
Y Ills resolution and 1ITgf u ils place gu
| other providing that tho returns 10
4 Governor from q county attacked. b
QOlr OF Plenlng shall not be read 0
heretofore, but be referred TO the CON
, mitteO Without reading aud vithou
debate.
Delegate Kirk tI.aborRepublcan), q
Putnam, offered Rs Q substitute a rCsolt
. ton setting forth that
/. WuEkEAs, A great mart Of tho geasIo