Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-01-23
1T Is NULL AND VOID.

The KRnawhs County Certificates In the
Hands OF the Speaker is Said to be In
vand-Jndge Fleming's Counsel Talks on
the Situation.
syecsGi 7siegrom 10 ne Register.
CHARLESTON, VIVA, January 22-The
Republicans have schemed, and schemed
themselves into a hole. There may be an
escape from it, bat not in the direction
they desire. They have insisted that the
result of the election made known by the
fraudulent certificates shall be de-
cla1ed, and General Gof7s claim to
seat which does not belong to him
strengthened to that degree. To-day the
brilliant Senator Scott brought up the
question again. He introduced resolu-
ton providing rules to govern the joint as
sembly, while performing the duty of can
vassiug the vote. The point Of the rules
was in the following declaration, after pre-
scribing how the vote shall be counted
land when completed and estimated
the Speaker shall announce the
vote; and the one receiving
the largest number OF votes shall be by him
delared duly elected"
This resolution, after long discussion,
passed the Senate on strict party vote.
TIE great Goff was there in person to en-
gineer it through. 1t has rot yet passed
the House, and will not, unless the Demo-
Gratis then selves permit it If it does,
nothing remains to be done bat to ascertain
and declare the vote.
THE KANAwHA CERTIFICATE.
But now comes the startling part of the
situsiiop Ttmay be news to General Gotf
and Col. hut the Kanawha county
certiica the hands of the Speaker
Of the IL uull rad void, and if the
result of the 4, ion shown by the legal
certificates is Published, Judge Fleming
will be declared eleC;s9 Governor. There
is certiOrari prOcetliSg now pending
against the KanRwha county certificate as
il ralat5s to the office of Governor. The
Supreme COa1t ordered the Kanawha
County Court to sign a bill Of exceptions
in order that g ceriiOrGri might be granted
Its effect was to ensure the review of the
proceedings of the Kanswha County
Ccu-t By the Circuit Court. In
the meanwhile the certificates issued
by the Kanawna court Is suspended, and
as far as this Legislature is concerned it is
null and void. TIE law expressly says
''the writ of certiOrdTi shall operate to stay
all proceedings upon the Judgment or order
removed by the writ, and all further pro-
ceedings bsfore the county court, justice or
other inferior tribunal in the case, matter
or proceeding in which it was awarded,
until the final determination Of the mat
ter BY the Circuit Court. "
ARULING OF THE SUPREME COURT.
The ruling of the Supreme Court in the
iriuuction case deciding that the courts
could not prevent the transmission OF the
Kanawba county certificate to the Speaker
did not touch upon the validity Of that re-
lever az at present affected by the writ of
eerfiorari That writ acts as suspension OF
iudqment Il makes the decision
os the KsnaWha County Court as
embodied in the certificate null
and void for the time. TIE Circuit Court
must affirm that certificate to make 1t
good. or must make sn entirely new GER
tifcate.
The representative of the REGISTER
talked with oue of Judge Flemine's at
to,neys this evening. He said: THE Re
publicans can 20 aud force declsrs-
tion of the vote, but in the
faes of the certiorari proceeding TIE
Kanavha county certificate cannot
he considersd. u would mean nothing
more or less than the declaration of Judge
Fleming's election. This is the situstlon.
The Legislature canuOt consider the Kama
wha county certificate, at present IN the
hands of TIE Speaker, il it desires. There
is nothing in fact to show that there ever
was an election for Governor in Kanawha
county.