South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1889-03-15
The oH-Wiison Contest.


In the Circuit Court a. Charleston
tbs state. on " ednesday Of las,
week, counsel for X. 8. Carr obtain.
ed . writ OF quo warranto. return.
aoie On the following Monday, a.
gainst Acting Governor Wilson to
:oow Dy what authority he assumes
to q erSise the powers of Governor.
On thursday. In the Supreme Cour,
Oh Appeais, General Golf fled petit
lion ior peremptory writ of manda a.
mus 10 compel Governor Wilson 70
vacate the Office Of Governor in his
favor. Governor Wilson waived the
issuance Of rule or alternative writ.
ano At once appeared and demurred
10 the petition, which pleadiups raise
the whole question whether, bending
contest In the Legislature, Governor
wilson or General Gofr has the leo Al
right to hold the cfilce.
General Golf. In addition 10 man.
damus proceedings instituted in the
supreme Court, commenced procee-
Glngs on quo warranto against Gov.
wilson In the Circuit Court, notice
IN which was made returnable Mon
DAY. This latter move was only a
matter ofform. as the fight was made
In the Court Of Appeals. Gen. Goff
was In Charleston all the time, coach.
ing his attorneys, and watching Etbe
fight closely.
Argument was begun at 9 O'Clock
friday morning, and was opened bv
Col. J.. w. st. Clair. The counsel
Tor Gen. Golf were John 4. Hutch
inson, w. p. Hubbard and A. Bur
lew. Gov. Wilson appe ared for him
cell, assisted by Acknowledgement
Caldwell and Col. J.lW. st, Clair.
For Gen. Golf it was maintained
ny counsel that the duty of tue Leg.
islature in canvassing The returns
and declaring the result was ONLY
ministerial that the Legislature had
no discretion in the premises and Was
bound TO declare the result; that the
provision Of tie constitution was
mandatory, aud not directory: that
Golf was unquestionably elected and
entitled to qualify, even without n
declaration by the Legislature that
IN all cases where there is wrong
there must be remedy. In this
case, as the Legislature, whose dutv
mad not been performed Golf was
leit without remedy, unless there
was power o this court to correct
that wrong and give the remedy il
there was no remedy, then a cese
might arise where the people would
DO compelled to resort to force to
secure their rights.
For Gov. Wilson It was maintained
by counsel that the whole matter Was
submitted to the Legislature by the
constitution, and no other tribunal
mad power or authority to interfere !:
that Gen. Golf had 70 legal claim to
the offico until declaration of his e.
lection had been made by the Legis-
iature that such declaration was an
absolute prerequisite to the aualifi.
cation OF Governor that the mat.
ter was submitted by the constitution
to the Legislature, and no other tri.
bunal had jurisdiction over it.
Much interest was taken in tie
question at issue, and a denselv.
crowded courtroom listened atten.
lively and respectfully to the argu-
ments.
Saturday morning, Gov. Wilson
made the concluding argumen. before
The Supreme Court. He went over
the ground thoroughly, citing almost
innuinerable authorities in defense of
his position. At the conclusion of
the argument Col. st. Clair, as Gov.
Wilson's counsel. made an applica-
tlon TO the court for writ of prohi-
bltlon against Judge Guthrie, of the
hanawha circuit court, Sylvauus
Chapman and K. 8. Carr, to prevent
them.f from proceeding with the. quo
warrsnto before the circuit court un.
til decision of the Supreme Court
had been reached. The court took
The application for examination and
adjourned until Tuesday morning.
The Supreme Court, Tuesday, rem.
dered decision denying GoTs petit.
ton for a mandsmus and sustaining
The Legislature throughout.