Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-01-17

STATE.
These two quotations represent fairly
the tone Of this entire psper, which is sup.
posed to be an impartial judicial document.
The report then quotes the law in regard
to the contest and concludes that the
counter notice by Fleming and the supple
mental notice by Goff were neither in
time, and therefore are bad. They are
not, however, denied consideration. On
the same ground it argues that all the de-
positions were illegal, as none were COM
pleted in the time prescribed in
the statutes and the report holds
that the Legislature bad no right to extend
that time. Although holding these views,
Messrs. Max well and Morris msgnanimous-
ly condescended to consider the propositions
and proceeded with their Investigations.
The
RESULT OF THEIR RESEARCHES
are then expressed in lot OF high.sound-
ing declarations that no extensive fraud
whatever was found in the entire State.
A few illegal votes were cast but they
were scattering and about equally
devided between the parties. Elem.
ing, G0ff and all other candidates
are generously commended for the pure
and honest election, and the very pleasant
and satisfactory assertion made that the
people Of West Virginia are sll honest, and
their elections are as pure as the driven
snow.
The report enters into an alleged legal
discussion. The principles are laid down
by which the minority claims it was gov
eIned on this principle. The report ssys,
1--WE hope to build such legal structure
that all who behold it may admire it for
its symmetry and commend for its per-
fiction"
After the expression of the beautiful hope
which is certainly deserving of place in
the next edition of Thoughts by Great
Statesmen" the minority quote at length
q large number Of legal rules whose truth
NO ONE DENIES
and which, il strictly applied to the facts
OF the case, would give Judge Fleming q
plurality OF at least l, ,000 The fret step
is to outline the proof necessary for re-
j.ction of votes as follows:
First 1t must be proven that the per-
son voted. Second-It must be proven
that the votes were illegal. Thrd-It
must be proven for whom it was csst.
Principles of evidence are next outlined
ss follows: when a vote is received by
election officers acting legally its illegality
is not proven by suspicious circumstances.
Proof of facts which would have put the
burden Of proof on the voter, il shown at
the polls, will not vitiate the vote when
cast. Proof of identity Of parties whose
votes are contested must be complete" +"
This IS insisted with especial reference 10
the Mercer and Mcdowell frauds.
The mex. principle is a Maxwell Morris
joint discovery. II is that the change Of
municipal lines affecting district lines is a
legal change Of the district lines. On this
grouud they managed TO save Gen. Goff
10 votes in Brooke county, which could
not possibly be considered legal under the
constitution. The next principle is that
a mans political domicle must be clearly
established. long discussion of the law
Of domicile follows. Under the head of
Naturalization they announce the rule
that no unnaturalized citizen Of Uniisd
States can vote in West Virginia
Then the rules governing proof of idiocy,
of psuperism and the laws of evidence are
taken up and discussed briefly. This COM
pletes the legal foundation of the report.
The building on such broad principles
ought be an imposing structure. tits very
plain, however, that
THE BRICKS WERE MADE WITHOUT
STRAW,
and sterner taskmaster than the Egyp-
tian slave driver forced the two distin-
guished statesmen to task beyond their
pewers The important part of their
statement of fact and conclusions drawn
therefrom can be briefly summarized. On
the district question and Brooke county
they declare that Brooke was never divided
into districts and therefore no mans vote
can be disaIlowed because he voted out of
his district
The action CT Ksnswha County Conrt
in repudiating it's own recount and thus
robbing Judge Fleming Of 2S votes, is sus-
tanned. The grourd for this is the
claim that evidence showing that the
ballots were tsmpered with. The only
proof of this charge, which the report
shows is the by no means remarkable fact
that Goff lost just II votes on the recount
and Fleming gained Just a. This is CO.
incidence which is wonderful and mex.
plicable to the minority. On this and
this alone they base their claims of fraud
and reject the recount. The Mercer and
Mcdowell county outrages are studiously
discounted. But they
WILL NOT DOWN.
Some explanation is necessary, and the
committee falls back on the weighty argu.
ment that there is no proof that the
negroes who voted in West Virginia were
the same persons as the negroes of the
same pane who lived two miles across the
line in Virginia. This brilliant idea struck
the Joint assembly as highly humorous.
Only 13 votes are thrown out in Mercer
and Mcdowell.
The Braxton county district case is
lodged, no recommendation being made.
The report concludes with statement of
the vote, which gives GOf q plurality Of
1877.
IN JOINT SESSION.
Some wraugling Over the Reading of the