The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-01-30

appears that some Of them, Of which
row speak, were not properly beior,
the committee. = 3''4 : ~, '0S
On the Sth the clerk OF Mcdowell
county testified that his list contained
the names Of all the persons voting d
peery Bottom. Asst now appears from
. tho poll books, he gave q different lis
four days later. m m Il,5 H.
W. SOMEBODY MtsLgp. f.lgWjM
still don't know how these papert
got into the record. Somebody was mis-
led into thinking that the correct record
was published by tho majority OF the
committee. When thing has been
done as irregularly as this, In way not
recognized by law, It ought not to be
endorsed. [I NJ ~ r. - -
Mr.. Kitchen-What are the difleren.
ces in these lists? 'fI s7
Mr.: Aiaxwell-All after that marked
"9l' IL not on the other list. have not
time to analyze all now, but I propose to
consider all this evidence whether II cot
before the committee regularly or irreg.
ularly. There has been disposition 10
shit the responsibility for this careless
ness upon the stenographer, who Ia not
guilty. My time is fitting and I have
devoted more time than, intended TO
give to these voting lists. lam made to
say that l.. Jones was struck from the
list, aud 1t turns Quit was Lowry Jones.
!! turn to the list and find It was Ira
Jones. ! turn to the corrected list and
lind he was Lowry Jones. 1t IL L. James
Us printed In the charge. The majority
strike from GoT o04; from Fleming Q. q,
They give the names OF those stricken
from Fleming and give the names as to
Gott. They pitch IN all the evidence
and tell you 10 20 to work. They Argue
with US that these votes should be taken
from Fleming. We agree that eleven
ahall be taken from GOT. According to
this evidence there was nobody living in
Virginia, but two did have wives living
there. and we struck them OIL, though
they were working in West Virginia.
The majority say the evidence Identifies
all the persons imported from Virginia
as persons who voted here. They think
It 20, doubtless, but there is no evil
dence Of an attempt TO identity them ex-
cept by the testimony Of the Virginia
registrar. .,..5 ,a
SIMILARITY OF NAMES.
With respect to Mr.. Lee, who, the
Registrar says, went to Mcdowell in
October, 1883, there is plain evidence to
show that a William Lee was working
in Mcdowell long before that. The law
does not justify the exclueion Of that
vote. Something besides'the identity Of
name is required. My friend yesterday
stopped when he cnme to Mercer and
Mcdowell. He said the case had not
been discussed at all up to the time
when he took the floor. Yet he cut oil
short when he got to that point. The mil.
lorlty declare the law correctly in general,
but here is more misapplication with
regard to railroad laborers in these coun-
ties. Misapplying their rule and the
rule OF law to lG0 voters, they detluc.
them without excuse. On the same rule
in the case OF Cessna vs.. Myers in Penn
sylvania, the matter of railroad laborers
was involved and a Republican Con-
gress, endorsing the unanimous report
Of committee of'which Judge McCrea-
ry was chairman, permitted the Demo-
crat TO hold the seat. The rule is that
these votes having been received by
election commissioners cannot be de.
Quoted. Somebody in the management
OF this case had heard something about
colonizing voters.
THE MAJORITY CONTRADICTIONS.
The majority say in theory that these
names should not be deducted. The
proof with reference to the 1GO showed
that they were not colonizers. They
were there as honest Iaborers. When
the majority came to deal with the mat.
ter substantially they cast them out.
Yet 10 undertaking to show that they
we're not residents, they show exactly
the reverse, namely that some time
within the twelve months they were resi-
dents where they voted. Again l say
that according to the evidence
about the 16O votes thrown out
in Mercer and Mcdowell they were
as good as that Of man who
sits here. With regard 10 about 30 there
may be differences o.. opinion. Putdowa
l6O, then 70 in Brooke. then 2S in Ka.
nawha. How many does it make? 25S,
Improperly taken away by the majority.
take 1t that you will not strike out
these 25S votes. The committee says
Fleming was elected by 237, take 237
from 25S and Gotf is elected by 81 votes.
At least, this is the conclusion to which
you must come. II you take the minor.
ity report, Goff is elected by 140. But
you at least can't get away from the fact
that after all Gotf has not less than q
plurality and is elected Governor. -
AN EARNEST APPEAL. Ia
appeal to you now to drive away
from your minds all desire except the
desire to do right. Some OF you are at
the beginning Of life, some near it's close.
l am 81 near the close as any OF you. !
may have made mistakes in long pub.
lie career. I want you, my young
friends, to do that which shall give you
the least trouble when you look back on
1t. This is the last time perhaps that
shall appeal in 80 public a way. desire
that no child Of mine shall reproach me
with wrong. We have only to look to
Him who presides above US to help us
to 40 the rig btregardless Of consequence.
At4:05 Judge Maxwell concluded his
argument. .ssa.. $50 nj
Senator Price submitted the report Of
the Committee on Rules, signed by a
majority, recommending that imme-
dlately upon the conclusion Of the dis
cussion it shall be in order to offer a res.
olution declaring GoE or Fleming elect.
ed, to otter a substitute for either with
out discussion, except that each member
snail have ten minutes to explain his
vote. zi5i5f..s IA. ~ -
The report was adopted without dis.
sent anu the Joint Assembly adjourned
until ~ o'clock Tomorrow morning. 4
h,st7 isl . = 1,sllLt c. d. II. 4
LEGISLATIVE PROCEEDINGS, .
~ D =