Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-05-03
WEST VIRGINIA.
HISTORY OF THE GREAT CONTEST OF 1889
Tsrssly Told by Senator Eenaa-Ihe triumph Of
the Constitution and ihs Laws

TThc following comprehensive review
OF the gubcrnatOrial contest ln Yves
Virginia. and the circumstances Whicl
made 70 necessary for the vindlcatlon o
a pure ballot is taken from the column
of the National Democrat 20 which Sen
ator Kenna originally contributed 10
Much or AN of the matter contained ID
TO has appeared I'm the REGISTER, bu
the facts are stated So conci>ely, ah'
with such miuutcue>s and vigor. that
is considered wei Co reproduce them a
this time
The gubernato~ial contest m Yves
Virginia was settled by the inauguration
of a. b. Fleming the Democratic con
tc>tant. There was mo- electoral com
mission reSorted to 20 bring about TINS
result. There was no tribunal invented
for cine purpose. I'm the manner pre-
scribcd bv the constitution and the laws
of the state the issue was decided. Tn,
Investigation was prOtracted. laboriOu'
and judicial The election had oc.
CURED m November: ISIS. General
GoH. the Republican candidate
had plurality of about 100 ON the face
of thercturnS. but some of the returns
were questioned. and this is rather am
estimate than am official statement. ON
the assembling of the Legislature Do
January. 1850 Mr. Fleming made. as
ho had right to make before the au-
thorizcd constitutional tribunal. tine Is
sue whether Doe Or General Coli had
been legally elected. 40 the very
threshold of his contest he was met by
the demand of the Republicans that
General Golf should Doe iuaugurated.
The foundation for this claim was al
once UNIQUE and arbitrary. The cleo
tiOn had occurred ON the 6th day of No
yembcr, lSSs. The statutes of the State
provide that in case Of contest Tor
the office of Governor, notice shall be-
given by the contestant within 900 days
after the election. This extended, in
round figures. tO the sixth day of Janu-
arv. The statutes likewise provide that
return notices must boz given within 30
DAYS thereafter, which would carry 10
90 tho sixth day of February. Forty
DAYS are then given by the statute
which the parties shall take dcpo-
Sitions This, iu like round figures,
would 20 tO the 10th of March. The
legislature is convened under the gem
cral law ON the second Wednesday OF
January. After the service OF the mo-
tice as required by law, in order 90 de-
termiuc the contest for the office of
Governor the Legislature is required 90
appoint Joint committee. consisting of
two Senators and three Delegates;
whose duty TO is Co take into cou>idera-
tion the notices. pleadngs and proofs
taken and make report ou the merits
of the contest Co a Joint session OF the
Legislature.
The Legislative term is limited hy the
Constitution to forty-fye days. 10 will.
therefore. Doe seen 40 once that the dis
position of % contest for Governor under
the constitution and laws of West Nir-
ginia. within the time allowed for the
notice and counter notice. and for TAX
ing proofs is utterly impossible within
the constitutional limit of O. regular seS-
sion. TwO-thirdS off the members of
both houses may extend session bee
y0nd the forty-tve days. But am eX-
tended session, like the regular session.
would have to sit. with itS hands folded.
waiting indefinitely for the maturing of
the case and tine report of the Joint
committee. A regular session having
expired by the limitation of its
term under the Constitution 10 can only
be convened by call of the Governor,
when functions are limited 90 the pur-
pose named iu his procIamat.on; or by
call addressed t0 the Governor signed
by % constitutional majority of three
ffths of It's members. I'm the West Nir-
giuia Legislature there were fOrty-SiX
Democrats and iorty-hve Republicans.
The Republican managers in the State
at once recognized this Sitution and un-
dcrtOok to avail themselves of 10. They
yocifcrOuSly asserted that General Golf
must Dee declared Governor ON the face
of the returns and hold his seat primG
fdcic until the contest determined the
merits. This would practically have
denied am investigation of the merits
The Democrats could not have COM
handed Unconstitutional number neceS-
sary to extend or call session ot the
Legislature. and General Golf. being
once inauguratcd on his priwO f0ciC
case. would have had arbitrarily iu his
personal power tO say that he would or
would not call "a meeting of the LegiS-
laturc tO determine his own contest. 10
is absurd tO contemplate that any
trainers of law. statutory or organic,
ever intended Co place in the power of
"a contestant control So unlimited over
hi, own contest. a fair reading of the
Constitution and statutes Ot West \lr-
giuia will vindicate this assertion. Sub
iect % the Imitation upon his power
embraced n our written constitution, the
Governor exercises kngly prerogative.
There is mo- other Office known % the
laws of West Virginia whose primO fOcic
title is not determined by one tribunal.
and whose title dC jlUc hy another. The
distinction Is plainly recognized with
reference to AN officers, except Cover
nor. between the primd fOcic and the
permanent right to an office. But the
title 90 this great Office, when once
questioned must Doe settled ou It's merits.
The Governor is chief executive. He
wieldS m some measure royal power
His will within the limits of the couSti-
tuition is the power of the people, and
they have wisely refused 10 confer 10
under the laws of West Virginia upon
upon any man until his right % eXer-
else DO is beyond question or contradic-
tiou
These reflections will dispose OF the
Republican claim that the Democratic
members OF the Legislature were parti-
san I'm their action which refused 90 de-
clare either Golf or Fleming elected un-
til investigation could be had and judi
cial result aScertained. But further; IL
upon technical grounds they had desired
TO take technical advantage there were
such irregularities i'm the action OF the
County Commissioners I'm kauawha
county. an Republicans, which gave
God large majority, that at the time
of the returns 90 the joint SeS-
sion OF the Legislature there was
mo- certificate from that county.
Hence IL the Republican theory had
he,n correct. and the joint session OF
ft. a lIt