Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1890-01-24
The West Virginia Legislature.

The West Virginia Legislature.
As stated last week, the West Nir-
GINA Legislature assembled at
Charleston on Wednesday. Thursday
was spent in arranging for and or
ganizing the joint assembly which
will decide the gubernatorlal contest
case between Fleming and Golf. In
the early part of the day the majority
of the contest committee presented
its report to the joint assembly. The
report gives the office OF Governor to
Fleming Dem by a majority of 237,
while the minority report, which was
submitted to the joint assembly i'll
the afternoon, elects Golf by ITO.
The minority report claims that there
was a fair election in the State in 1888,
while the majority claims great frauds
were perpetrated, especially in Mer-
Ger and Mcdowell counties.
On Monday the Legislature reas-
sembled. when numerous bills were
introduced in each branch. In the
Senate bill to bridge the Kanawha
river at Charleston was passed. In
the House Mr.. Chew introduced a
Joint resolution instructing the Sena-
tors and Representatives in Congress
from West Virginia to vote to place
the worlds exposition at Chicago.
In the Joint assembly the committee
appointed to formulate rules and reg
ulations to govern the proceedings In
the contest between Fleming and
Golf for Governor reported, allowing
ATTORNEYS not members of the Leglsla-
ture to appear before the joint assem-
bly, to argue the case.
Both houses met in joint assembly
Tuesday afternoon, at which session
Judge Price, chairman of the joint
committee to formulate rules to
govern the joint session in the guber-
material contest, made a report,
which allows Judge Fleming and Gen.
Golf to appear for themselves If they
so desire, and twelve hours is allowed
TO members OF the committee to dis
cuss the report, time TO be equally
divided between the majority and
minority, the chairman of the COM
mittee to close. Other members of
the Legislature will have the right to
discuss the question when any mem
her of the committee who has the
floor Yields a portion of his time. Ii
is understood that Gen. Goff will APP
near i'm his own behalf with his attor-
neys. but Judge Fleming will leave
all TO those who represent him and
have his case in charge. The contest
to be begun at noon on Wednesday.
The House passed resolution in
structing West Virginia's Representa-
tives and Senators to vote for Chicago
for the worlds fair should the ques-
ton be narrowed down TO a choice
between Chicago and New York.
Wednesday the contested election
was taken up. Considerable interest
was manifested aud quite number of
visitors were in attendance, among
them being many ladies Promptly
at IL o'clock Judge Okey johnson,
counsel for Judge Fleming, Democrat,
began his argument, which was re-
rarded as a mastery effort by all who
heard it, He began by reviewing the
case briefly from the time the Legis-
lature refused to declare the vote cast
for Governor at the last general cleo
ton. and stated that had he been n
member of the body at that time he
would have felt impelled by his con-
science under his oath to have voted
with the Democrats. The constitu-
ton OF the State never contemplated
a chief executive taking his seat upon
a doubtful title. 1t was true that
Gen. Golf had a majority upon the
face of the returns, which he admitted
was prirna facie evidence, but if the
people were to be compelled In every
instance TO abide by the result as
shown by them, he would say fare
we'll free government. He drew a
parallel between the present case and
the presidential election contest of
1876, saying that Tilden also had
majority upon the face of the returns,
but was not given his seat on those
grounds. He claimed that it was pre-
posterous to expect the Legislature
to examine all the evidence in the
case. which made fully $4,000 man
uscript pages, and stated that the
contest committee was entitled to
the thanks Of the people for having
finished its work as soon as 1t did.
The committee occupied a position
similar TO that of Il commissioner in
chancery, who made his report, which,
unless it was clearly erroneous and
contained fragrant errors, was con-
firned by the chancellor and the eX-
ceptions, il any, overruled. In such
case it would sometimes be impossible
for the chancellor TO examine all the
dispositions taken in the case, and he
mentioned the case of "Jarndyce VS..
Jarndyce," as described by Dickens,
in which there were bushels of depo-
sitions bearing a striking resemblance
to the case at present before the leg
islative court. In this case the re-
port of majority might be regarded
as the report of the commissioner,
and the report of the minority the ex-
ceptions thereto, and it is for the Leg
islature to say if they are sufficient to
set aside the report. He then said he
challenged a comparison of the re-
port with any that has ever been filed
in any contest I'm the country, and
that the majority had much more fire.
quently erred against Fleming than
it had against Golf. He then pro-
ceeded to read extracts from the ma
jority report. commenting on it as he
read, and closed with an eloquent ap-
peal for its adoption.