The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-01-31

people; that more nearly feels and as
certaips the throbbing public pulse, tha
Is OF itself nm evidence OF the greaI
arteries ttat..men through society and
through government is 10 be considered
II Is obtruding itself possibly, as think
whore 1t Is not right In aome cases, dis.
terminating error and thus causing in.
jury and creating wrong; but at any rate
impressing the people and preparing
them for the final verdict. Now We
must take the thread OF law that runs
through this case, the warp OF fact the
wool Of legal argument, the utterance Of
newspapers trying the matter for them.
selves md hold and weave them all into
a perfect whole. I could not avoid being
struck by the way my friend, Judge
Okey johnson discussed this case. he
thought he saw nice little legal point
In which he could plunge with pleasure.
In he plunged, and my putting, blowing
friend never reached the banks OF truth.
Why call this majority report master
commissioners report? Is that to give Il
more weight than the report oil com.
mittee, in which you have confidence !?
At this stage this ex.Judge brings in a
beautiful vial Of red and glistening
liquid labeled "Infallibility.b When.
ever three men differ from two men
some Of this liquid Is to be poured into
the three. | shall not discuss this ques.
ton from the standpoint Of 46 to As,
God forbid. We are engaged in Judi.
cial trial. When 45l go one way and
451 20 the other, my friend pours into
one half a man, some liquid from his
little red vial, and the whole thing be-
comes red and glorious.
JUDGE JoMNsoN's APPEAL,
Judge johnson regrets that the Su.
premo Court Of the United States was
in part divided on partisan line, and
yet this gentleman endeayors To divide
you on that line and ask you to divide
as 46 TO 45.
This covert appeal ran rank through
all that argument. My other friend,
Colonel St. Clair, the famous military
man, created hero by the pen Of the
Governor, forgot himself when the Del.
egate from Fayette and the Senator from
jackson, as members OF this court,
asked him questions as is often done in
our courts. What did he do? He as-
sumed the air Of the bad man from Bit
ter creek. "You are the IS. III con.
sign you to that region that Ingersoll
says exists only In fable. | want only
the 46.
Let every man vote as he thinks right.
We know not what an erroneous deci-
sion rendered here may cost the State OF
West Virginia. Judge johnson puts
Judge Fleming in an uneviable position
and 30 does General St. Clair, when
they say that Judge Fleming never re-
sorted to technicalities, until Nathan
Golf lugged them in. Is Judge Fleming
n knavc, fool that be can be made to
do wrong because another man does
wrong? Technicality! There is no
such thing. 1t isright, or it is wrong.
THE REGISTERS MISREPRESENTATION,
On the day after the reports of the ma
jority and minority OF the Contest Com
mittee were presented to this Joint Az
sembly the Wheeling daily Register print
ed an article under the head ui "The
deadly PARALLEL" in which it contrasteL
the votes Of the Senator from Harrison
and myself on contested votes in the
county OF Barbour, with certain Just and
patriotic uttetances made by us in our
report.
The Register followed this up for sew
eral days with similar attacks, even after
MIR. kee, chairman OF the committee.
had informed its correspondent that it
was doing wrong, and the criticism OF |
Saturday, January 2s, 1890, says:
Speaking of partisanship, there is one
point the Republican advocates before
the court OF contest have not yet ex-
planned, and that is regarding the votes
OF the Republican minority Of the Con-
test Committee in the Barbour cousty
instance. 1t will be remembered that
fourteen votes were challenged there,
eight by Fleming and six by GoG. The
grounds of contest were practically the
same, and the evidence OF illegality
equally weighty in every c.se. The
Democrats honestly and impartially |
voted to throw out all the votes. The
Republicans voted to throw out only
the Democratic votes They voted to
retain every Republican vote. Here is
u specimen Of partisanship so rank that
no Republican has yet been found who
cares to deal with it in the presence OF
the Joint Assembly"
A COMPLETE EXPLANATION.
There is a complete explanation OF
this matter. Barbour county was the
first county acted upon by the Contest
Committee aud when the votes assailed
by Judge Fleming were acted upon
Judge Maxwell and myself took the DO
sition that it must be directly shown for
whom an illegal voter voted. Not the
ticket he voted, not his party affiliations
and 80 on, but positively for whom he
voted for Governor, which position we
say in our report is sustained by the
weight Of authority. But we were as-
sailed in this by the majority Of the
committee. TF;.
On the morning OF the second day |
arose in the committee and stated that in
my experience in human affairs I had
frequently found it necessary to sub
ject myself TO the circumstances which
surrounded me and this was one
of the cases in which to do right and
give both contestants fair play, would
have to subject myself to what was es.
tablished as rule Of the committee. I
cited Congressional contest case in
which the committee said that the posi-
tion such as that taken by Judge Maxwell
and myself was the right one, but all
the proof taken in the case being on
the other theory or rule they said the
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