Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-02-26
"FUD" HAS TUMBLED.
JOHN D. ANDERSON WILL REPRESENT THB
THIRD DISTRICT
In The Next House Of Representatives, The Gov
ernor Expected to Issue a Certificate to
him SoOn-The Gubsrnators
Contest
s.,.,lnl 7s,snrnm 10 the Rsciser

| special Telegram TO ne Re0lSey.
CHARLESTON, February 25.-The Dem
Oerats are becoming quite anxiOas with re-
ference to the Alderson-McGinnis case,
now that the 4th of March is so near st
hand The recent decision Of Judge
Guthrie so thoroughly establishes the
right Of Anderson to the certificate that
few can see any reason for delay in its
issuance. There can be no charge Of un.
fairness in the decision of the Circuit
Judge since he is a well known Republi-
can. The order of the Circuit Court
is so clear that even Repubh-
cans now cOncede Alderson's right
TO the certificate. The petition OF
Anderson, in asking for a review of the
action of the County Commissioners OF
Kanawha county, complains that the Com
missioners did not give him the benefit of
the recount. The result of the recount,
which was fully set out in the petition,
showed Alderson's election on the face OF
the returns. The order entered by Judge
Guthrie in reversing the County Commits
sioners, recites that "tbe decisions and
determinations of the said Commissioners
complained Oti6 the petition of Anderson
be reversed and annulled."
There is no escaping one of the two con
structiOns which may be placed upon the
decision Of Judge Guthrie, namely: Either
that the decision makes the KaDawha
county certificate absolutely worthless, or
or that the recount is left to stand, which
recount elects Anderson. Either view
gives him the primq facie case, and the
Governor must issue to the man who has
the primq fqcie cass the certificate.
THE THREE GOVERNORS.
Speculation is running riot over the
prospect OF a triangular contest between
Governor Wilson, Senator Carr and Gen.
Goff for the G0vernOrship Of the State after
March 4, and pendicg the decision of the
gubernstOrial contest between Fleming
and Goff. Il is settled that the fight will
be entirely peaceful. In spite Of all bloody
Republican predictions and the frantic
frothings Of firs-eaters Of the Presley Nor
ris stripe, Mr.. G0ff will not call in the Ma
tiOnal troops, nor wade up to his boot tops
iu gore Thera il one great reason WHY
the Republican leader won't do this. tits
very simple. When it comes to the exer-
else of summary means the man who is al
ready Governor of the State would have a
decided advantage, and Gen. GOff or any one
else who attempted to oust. him by any
means that were not in the strict sanction
of law, would sOOD have au opportunity to
view the beauties of nature through prison
bars. and reflect upon the folly Of being
too fresh. An assault upon the recogniz-
ed government Of the Safe amounts to
nothing less than treason, and General
Goff who knows this very well is not in
clined to run any serious risks. Carr never
was blood thirsty, and the issue amongst
the three will therefore be settled quietly
oy the Supreme Court.
HAS THE COURT JURISDICTION?
There is wide diversity of opinion among
the lawyers here, though by far the greater
msiority agree that Gov. Wilson will hold
over. The representative Of the REGISTER
had a short conversation with one Of the
ablest lawyers of the State to-day, and he
advanced the opinion that the Supreme
Court had no Jurisdiction in a contest be-
tween claimants for the chief executive
office of the State He held that the Gov
ernor was the head of q branch Of Govern
ment. equal and coordinate with the
judiciary and, threfore, the latter could
exercise no authority over him. The
strongest reason advanced TO MAINTAIN
this view was that if the court should
make an order to the chief executive, 1t
could have no way of enforcing it, as that
official himself carries out the orders Of the
courts, and if he should refuse to DO so IN
his own case, there wOul1 be no way to
compel him.
Looking ut the contest in this light, 1t
wculd be doubtful if GOf and Carr could
find tribunal even in which to try their
alleged claims to the Governor cfiice. 1t
ia not probable, however, that Governor
Wilson would, under any circumstances,
resort TO technical advantage to hold his
own. In fact, be has given public assur'
ances that he will not. The case Will be
presented to the Supreme Court, and II
that body should decide that 1t had no
jurisdiction, it will be asked to sit as a
board of arbitration. and all three will &C
cept its decision as final.
GOFF's FLINlsY CLAIM.
There is scarcely a shadow of doubt,
that il will decide that Governor Wilson
will hold over. The Constitution plainly
provides that the Governor shall serve I'M
iii his successOr has been elected and quail
flied. Goff may qualify, but how can he
prove that he is the proper person to quail
ify. That is the very question to be de-
cided bv the Legislature, and il would be
the height of absurdity for the Supreme
Court. acknowledging as it did in the in
iupction case that it has no Jurisdiction, to
presume to decide it now.
Gof7s whole claim to the Governors 8
chair is based on the current publication
in the newspapers, of the gubernatOrial
vote. 1t is the only proof that he has, that
he received plurality or any number Of
the votes cast. The Supreme Court will
hardly accept this as a legal publication,
and declaration of the vate. Without such
npblication and declaration, Gof has no
claim. and no prima fdcie right to the seat.
WHERE CARR FAILS TO CONNECT.
Cars claim to the GOvernorship pend
ing the contest would be good if there had
been a declaration of the vote by the
Legislature, and the man declared elected
had failed to qualify or take his seat.
The declaration would make the Governor.
without such declaration, there is no man
through whom Carr could inherit right
to the seat.
The situation is simply this. Until the
Legislature meets and declare the vote, no
man has any claim to Office. The decree
OF the election is in effect suspended, and
during the suspension, the acting Governor
holds over. Governor Wilson's right un-
der the premises is clear, and be will not
be slow to enforce it.
RAN UP A FLAG