Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-01-23
WEST VIRGINIA CONTEST.
Gofr and Flcming-Jarndycc VS.. Jarndyce'
Especial telegram TO the Dlsps,cn.l

Especial telegram 10 tne Disphlcr-i
CHARLESTON. W. VA. January 22.-To-day
was set apart for the beginning OF the
argument bv counsel before the Legislature
IN Joint session as a jury IN the contested.
election case of 4. y. Fleming against Ma
than Gof. Considerable interest was
manifested and quite number OF visitors
were in attendance, among them beng
many ladies.
Promptly al II o'clock Judge Okey John
son. counsel for Judge Fleming. began hls
argument, which is regarded a. a mastery
effort by all who heard IT. He began by re-
viewing the case briefly from the
time the Legislature refused 10 de-
clare the vote cast for Governor at
the last general election aud stated
that had he been a member Of the body al
that time he would have felt impelled by
his conscience under his oath 10 have voted
with the fortv-sIx. The Constitution Of the
State never contemplated "A Chief Execu-
tive taking his seat upon Il doubtful
title II was true that General Con had q
majority upon the face OF the returns,
which, he admitted, was pr1D'o- face EVIL
dence. but if the people were 10 be COM
nelled in every instance 10 abide by the re-
suit as shown by these he would say, Fare
well. free government. He drew parallel
between the present case and the presl-
dcntial-electiOn contest of 1876, saying that
Tlden also had a majority upon the face
of the returns but was not given his seat
on those grounds. Much had been SAID OF
the cost of the present contest. but when
a great principle is involved, as III this
case. the Legislature should SIT until every
dollar in the Treasury had been spent and
the State bonded 10 raise more money I
necessary in order t. decide it. The late
civil war, which cost millions Of money
and hundreds OF thousands OF lives, was
fought To settle question as to great
principle.
PREPOsTEROCs.
He claimed that It was prepOsterous 10
expect the Legislature to examine all the
evidence in the case, which made fully Ia
0O0 manuscript pages, and stated that the
Contest Committee was entitled to the
thanks of the people for having finished
it's work as soon as ii did.
The committee occupied position slmi-
lar TO that of commissioner III chancery
who made his report. which. unless 1t was
clearly erroneous and contained fragrant
errors. was confirmed by the chancellor,
and the exceptions If any, oyerruled. In
such a case it would sometimes be irnpos
sible for the chancellor to examine all the
depositions taken, and he mentioned the
case of "Jarndyce os Jarndyce." as de
scribed by Dickens. III which there were
bushels of dispositions, as bearing aSlllkluS
emblance 10 the case at present before
the legislative court.
In this case the report of the majority
might be regarded as the report of the
commissioner, and the report of the
minority the exceptions thereto, and 1t IS
for the Legislature to say if they are suii.
cient to set aside the report. He then said
he challenged comparison of the report
with any that has ever been filed IN any
contest in the country, and that the ma
jority had much more frequently erred
against Fleming than it had against Coll
He then proceeded to read extracts from
the majority report, commenting on 1t "a
he read, and closed with an eloquent ap-
peal for its adoption. He will be followed
by Hon. W. y. Hubbard, and General Cot
will close in his own behalf. COlOnelJ. w.
ST. CLAIR will close for Fleming, after
which twelve hours will be allowed the
members of the Contest Committee to dis
cuss the reports, the time TO be evenly
divided between the majority and minority.
They, however. can yield the floor to any
member of the assembly. Chairman Nee
to close A vote will probably be reached
by the latter part of next week.