The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-01-23

y Taking iup, the Brooke county case
Judge Johnson read from the majority
report at length. 1.-THE majority has
thrown out seventy votes on the ground
that they were mot 1polled within the
magesterial district In which they lived.
It may be said that this operates as q
hardship, but It Is tho law. The district
line was established. =, T;5ltIf
Mr.. Hubbard-Where Is the evidence
OF that 2 Il ~ 81. 2 Z. ( q
~ Mr.. Johnson-Itiis{ 80 stated In the
evidence and i assume that to be the
fact. The law was passed to make d
man vote where he lives He was sorry
that this disiranchised bis friend G en-:
eral .Duval' and : sixty.nine others, but
this Ia no reason why the law shall not be
respected. III " FL / n q y
Nm the sIBraxton county case IL is very
different. Here 1t is charged by General
GPH that certain persons were not resi-.
dents OF Holly district, L here they
voted. The majority hold that a certain
order Eof the County 4 Court did hnot
change d the boundary lines 3batyeen
Otter; and Holly Districts, and eight
voters attacked by the conteytee were
residents Of Otter District and entitled
to vote therein! For the lsalno reason
five votes contested by Fleming must be
rejected. y 3
Judge johnson SAID there was a wide
difference between the Brooke and
Braxton cases. In Braxton the County
Court In 1872 had laid district lines and
lad the right to. IT was not SO In
Brooke, where the facts are quite differ.
ent, and 1t Is clear that seventy voters
voted outside Of their district. Us Y
!, Ss THE HANAwuA RECOUNT.
The next county taken up was Ka.
nawha. In the matter Of the recount 1t
is apparent that the action'o the Coun.
ty Court was 80 outrageous, SO unjust, as
against the contestant, that It 4 was
nccessaryto apply for al Imandanlus to
force them to make up the record. Thsy
did What they should not have done,
and left undone what they should have
done.S l1t Is for you to say whether, the
recount d should have been allowed.
There was no l!tamperiug with the ballot
box, no attempt to tampsr' with it, moth.
ing to show fraud on the part Of the Gus.
todians Of these ballots. We have shown
that we are entitled to the votes that
have been added to Fleming in Kanawha
county. & 81 81 ~ 4 ~, -
a AS to Mcdowell and Mercer, the mi.
nority agree 'withthe majority that many |
of these votes are bad, but they say. ..You
haven't proven how they voted p. Why,
they were nearly all c0lored men, and |
colored men are Republicans almost to a |
man. They don't fit' a Democratic eau
Gus; they don't fit Democratic; process
sion. 1t is shown that they we're nom,
attracted there from Virginia
to work in collieries. Many OF these
voters disappeared from the pay rolls Of
collieries Immediately after the election.
tls{ shown that they went to- Republi.
can meetings and cheered Republican
orators. Ili5S IS IS & 81
/ Mr.. Hubbard do you mean that to
apply to all ? = 1880 49,,
9 Mr.; Johnson-All the colored men.
Mr.. Hubbard-Will you Nrefer me to
the evidence that shows it? ?=;., = .s
IN SMr.SJohnson-I-well-IAsh havn'tsit
here. { Laughter on Republican side
~. ;JonSsoN's CONCLUSION.
I "The majority;report, save perhaps in
! "Reminiscences, is fullyjustited by facts.
If YOU so over the report you would |
liud the plurality even greater for Flem-
ing than the report shows. This impor-
tant case, will be looked to as a prece.
dent Unless there are potent reasons
you would not be justified in rejecting
The. majority report. This case will |
have.a great, effect one way or: the other
on West Virginia. II you condone these
Mercer and Mcdowell cases with all |
this large and sudden increase Of vote
before you, if this is to be tolerated, you
may say farewell to purity of elections
In West Virginia. 81 IL is demonstrated
thut fraud lshall not triumph; in this
State the cost oflthis contest will;be
nething and you will fiji with 10y the
heart Of every patriot in this State. "Eag
Il udge johnson closed at $3.50, having |
spoken four and n half hours. The |
joint assembly adjourned to to.morrow "
at 10 lock 81 c. BIZ,
} ~. hyTasF- F1Hl 4 trB fIa4ll