The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-01-03
8CRA. 9; A.W.LS$:s0VER CREATION

: -. i \ . = -.
Which Happens; 10 BE n Reversal Of y
y Decision Made by Judge, 5jai 5Ssi
s5 Fleming lIln,selt-It
Was Cruel Of the
1 Il Collmltleeto 5l5i S.it i.i
X Use II.
!. Spectul Dispa.eh ID ne Intet'i1enctr.
4 CIAnLEsToS, WA, Jan. 2.-The
State printing oilice is now engaged
upon the sorealleil majority report Of the
4 8Gubernatorial Contest Committee. It's
Iyolnminous affair. and saying this
much, tagoutall Is said..sAfter all, Chair
man tKee caugelaim that be did not sign
amy report This fairy tale is no report.
Itisa great big house and nobody living
in i. 70 call u lisjointed, disconnected
production report; to intimate that this
mass Of verbiage isa legal document, is
simply q burlcsquc. As Mark Twain
said Of the dictionary, 1t Is interesting,
4 butitchanges the subject most too often.
The. .1NTELLiGESCEn llas long had 4
curiosity to know whether Kee could
write anything worthy OF attention or
npt, but this will always rsmain a mys-
I .tery as deep as the authorship OF the
Junius letters, He did not write any,
thing OF any kind in, this protracted
effort to avoid the Inv and the facts of the
I contest between Fleming and GofT, and
it is q good deal mora ,creditable to him
that he did not. thanto have done 10
would have been. t .i;s'Y5t1ii4s
5 l!iittt NO LAWYER WILL ENDORSE IT, 3.
This report is one which no attorney
who values his reputation in legal cir:
cles will dare approve. 1t tramples M
gder foot crecklessly and,ruthlessly, every
undamental principle regarding con.
tested elections laid down In the books.
isIt ynttetly5 disregards the fact that the
affirmative OF the issue lis also the con.
-stestan and that he must tBetS aside "a
vote iwhens he iassafls lit by a preponder-
ance ofseyideuca., The law gives to
every ySmanla a domicile, but this report
leaves 81 few hundred people wandering
Saimlessly ysabontT over. the world without
4any true home 8ori.t fixed place of abode,
$like lost stars. It's kind Of y''now you
see lit and dsnowfyou don't see it,, game
with regard 10 them. When they are in
y one place they belong in another, and
they arc iii the other, they belong in the
Z one. 1t is needless to say that it they
We're not colored men, they would lie
left in no such hopeless and forlorn con-
dition. Who will dare Say that politi-
cal prejudice ia not as rank among the
] Bourbons OF West Virginia rs it is among
The same class in the old State?
~, 4 RETROSPECT. ID.
To digress aNlittle here, the counties OF
Mercer and Mcdowell, in West Virginia,
will be famous forever. Here, as early ns
1883, the smoke OF furnaces, the flames OF
coke ovens .ascended to the skies, and
men with dark skins uncovered their
breasts ia honest toll. The din OF in.
dustrial pursuit and the song Of the
4 laborer mingled together, and whether
the sun shones orNtheSstars stwinkled
progress and aprosperitysrolled on their
Il wheels together, 8 and tie faatness OF
K the wilderuese;1eca thronged with n
N host FpeopleT faithful to their en
Il ployers and Willingly discharging their
5 duties. I; nd SO from year to year the
manuiactorics multiplied, until as far
back as 1887, I? no sIless than ssix great
4, works were located in these two eoun.
ties. The last one established was long
enough preceding Z the election Of
November, 1888, to permit every man
who stood before the red doors OF its
ovenn, to acquire n political domieile
: in this State, where mountainous
are said 4 10 b be 4. always h free, so
that he could cast his ballot on that
8 November; day tor whom he. desired,
justly and lawfully. So, howeyer, when
/. it comes to counting them, II those from
whose hands they dropped into the box
had $labored for o manufacturing COM
pany in this free State, and their hands
: had upon them the color of:.black, OF
/ brown, sor painted tinge of yellow,S for
every, ono. so proved: Il vote! must be
deducted fromls the total for; hathSn
GoH. And this is twenty-five years after
thc.war, and after the additional repre-.
scntation given to tho South by colored
mems votes Lad placed at the head Of
:. the Nation n u Democratic President!
II What but blind and bitter prejudice
writea to such destructive conclusions.
.5y No technical Spoint that could harm
n the contestant lis Sustained in the ina.
jority effort, miscalled report; ], though
! this is well enough, for " hoover. was
elected Governor OF Wes. Virginia at
the last election, should be the Cover.
-s nor. 1t is proper to o!remember, though.
! in the face OF theruhngs here, that the
point raised by Mr., Hubbard, OF counsel
for General Go1,' that all of the contest.
I, ants dispositions were taken too latc. is
y well taken, ii time is an essential, which
1T seems to be. RI i5i5Sii i5j5yss
~ JUDGE FLEMING REVERSED. .:5s 4,
"a iavorite case relied on in this writ
ing intended for . report is that Of White
VS.. &Tennant, from ShIonongalia County.
: It looks like rather an unfortunate case
to lug inte this contest on; behalf 5of the
contestant. y II is cruel to, quote. tho su,
preme Court ofSWestY Virginia reversing
a Circuit Judge BY the name got A
; Brooks Fleming onithe law Of Sdomicile
yet this is what three members ioi The
contest committee, of the same political
faith, do. Why this sorrowful reminder
4 to Fleming that he never Enew what
y the law Of ydonicile was, or II Z he did
know, he refused to administer It seor.
rectly :? s3:.? 4; f; !
Judge snider rendered a capital opin: