Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-03-04
- rHRFE CLAINIANTs.
Governor Wilson Holds Because No One
Can BE shown to BE Elected.

Governor Wilson Holds Because No One
Can BE shown to BE Elected.
CHARLESTON, March 3.-There is a
qrest deal of talk here to day among the
politicians over the GubernatOrisl cOmph-
cations. An ex-Judge of the Supreme
Court probably presented the situation as
clearly a. possible. He said:
COY. WILSON POSITION.
Tomorrow there will be three claim
ants for the Office Of Governor Of West
Virginia Governor Wilson, the present
incumbent viii refuse to vacate the Office,
becsuse he deems it bis duty under the
constitution to hold over until his success
or is duly declared electe and qualified.
His claim is based on section 6, Article 4,
of the Constitution, which provides, that
Ell officers elected or appointed under this
Constitution may, unless herein otherwise
provided lol. be removed from office
for official misconduct, Incompetence, neg
lect of duty or gross immortality, IN such
manner as may be prescribed by general
lave. aud unless Sd removed they shall
continue 90 discharge the duty Of their re-
spective offices until their successors are
elected or appointed and qualified. "
He claims that this clause was inserted
10 prevent the Office from becoming vacant.
lie farther claims there Is no one who IS IN
O position TO receive the office from him;
that General COT can not take 1t, because
he has no right 10 qualify, not having
been declared elected according TO
the requirement Of the constitution
that although he claims to have received
"a majority of the vo.cs, and hiss therefore
been efc.e7, vet this il disputed and
contest i- pending, and the only constltu-
-onal tribunal having power TO settle MS
tile has not done so, and as he has not
Teen declared by that tribunal to have
been elected that be has got no title to the
Office.
GOFF AND CARR.
General COTS claim is that he was duly
elected Governor of West Virginia at the
late election; that the notice Of contest
fled by the coutestant, Judge Fleming,
admits that on the face OF the certlncates,
he -Gcf hiss 10 majority, and that 1t was
the constitutional duty Of the Speaker OF
the House of Delegates, in the presence o. q
meiority ofeach house of the Legislature, 70
have opened and published the certificates.
of the votes for Governor, and to have de-
clsrsd him duly elected Governor, s duiy
which De failed TO perform. Gen. Coz
claims that such failure does not deprive
him Of the right to be seated as Governor
of The State aud so remain, unless the con
test should be decided against him.
l. S. Carr, Precedent Of the Senate, bsse'
/ his claim t0 the office under section Ito o.
article of the Constitution, which pro
yides:
'Iu case OF the death, conviction or I'M
parchment. failure to qualify, Resignation
or other disability Of the Governor, TIT
/ President of the Senate shall act as Gov
ernor until the vacancy is filled or the dis
ability removed
He claims that section 6 Of article 4 dee.
not apply to the Governor, but to the Ia
ferior officers; that Gov. GOT, while b'
has been elected, is not entitled to qualify
until by the legislature he has been de
clared duly elected; therefore if ne quail
hss now snch qualification will be illega
and it viii be, therefore, failure t.
qualify
WHERE CARR MISSES.
There is nothing in this claim if it cal
/ be legally said that Gen. GOf is elected
/ Then he has the right to qualify, and if b
/ has the right 70 qualify and does so, tina
ends all the pretentions of the President o
/ the Senate.
80 ONE DECLARED ELECTED.
Gen. Colts claims cannot be maintained
because the Legislature, under the COnsti
tuition, has exclusive jurisdiction to declar
who is elected Governor. The courts can
not decide that question. Whether RICH
OF wrong, the Legislature has post
poned the declaration Of the election
until il decides the contest pending. Il
the view of the Legislature, 1t was prope
| for il 90 seat Governor on primd fdci
case pending a contest for that Office, AM
il refused to publish the returns for Gov
ernor. but turned them over unread to Ii
Joint committee, elected as the law pre-
I vides. So If Governor Wilson cannot hOl
\ over. West Virginia Will be without aGOy
ernOr until the contest IS decided.
rHE PLAN OF FIGHT.
| tits believed, under the precedent c
| Bridges vs.. Shsllcross, W. Va, that o
Monday afternoon next, the Suprem
Court Of Appeal then being in session
that General Goff having taken and file
his oath of office and having demande
that Governor Wilson turn over the offiC
to him, and the demand refused, will al
nIy for unandamus to compel him to yiel
the Office. and that II S Carr will pursu
the same course. The progress OF the cast
Iii IA watched with great interest.