Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-01-25


had cOas and gone the cry went no from
mountain and valley: 'GOff is elected!
He is elected by fraud" Gentlemen, l
felt il as keenly % any man could have
felt it.. l wondered il 1t could be true.
/ planned no such fraud ard had no hand
in such a plot, and fsl. that if 1t was
shown that I or any OF my friends
had bsen guilty of the charges
put at cur common door, that
II was rot ht to be Gov
ernor Of this State and my party was
not fit TO take the reins Of power. felt
a. keenly as any of you could feel the COM
mon slander sgsinst our State. met 1t
everywhere. l rspudiated it and l told
everywhers, as tell you, that the people
OF West Virginia made no fraud In the No
vember election.
Judge Fleming, my opponent IN the last
election, who believed il his duty TO put
this contest afOOt in January, 1889. served
on me his notics of contest. He charged
that ia almost all the counties Of the State
illegal votes had been cast for Gof.
When
SCANNED THAT NOTICE.
Of contest, must say il was with relief o.
account OF the people Of West Virginia
aud the voters at the polls. Where vas
the fraud chsIged2 Where were the train
loads Of repsaters charged 10 have cast
their ballot? Where was the colonization
quar,ersP Echo only answers
Ii did not rot exist. 1t was not charged.
All over the 5 str, here and there, il was
charged that miners hsd voted. 1t was
also charged that paupers had voted and
men had cast their ballots outside OF tbeir
districts. l was charged that non-resi-
dents had voted. Why, gentlemen, all
that might be, and still there would be no
fraud.
In lOrg experience in contested elec-
tions, men have become able TO compile
the usual average of such votes. That
average is oaly one in one hundred, ten in
one Thousand What would that give Us
10 West Virginia in November in 1888
Has this investigation disclosed that such
a number of illegal votes were cast in Wesl
Virginia Why, il would be about 1000.
Was there more of this fraud in West Vir-
ginis than ever before? Thank God that
the investigations Of this controversy DO
not show il 10 be true.
Judge Fleming served this notice on me
had duty TO perform. and my heart
WAS in that duty. had assumed the OBJ
legations placed on ne by the free men OF
West Virginia. l felt their summons and
acknowledged its authority. From my
boy hood hour had knelt as devotee al
the shrine Of that policy which believed
had built up the prosperity of my country
No y this notice il served on ne. Read it,
gentlemen. See if il does not
CONTAIN SUCH CHARGES
rs alluded TO q moment ego. See if it
contains aught else. l answered it. Agsin
was criticised.
= In making my ansW- il was necessary
that 1 should give him notics OF all infGac-
tiOns of law that come within my knowl-
edge. In making that notice l complied
with the statute, and as q plea6er my
counssl could not afford that Judge Flem
ing should give me his return notice and
be precluded from setting up the numbar
of legal votes illegally polled for him
Hence, this charge of bringing technicali-
ties into the ease. Now, am going to
defend Judge Fleming from the accusation
of his friends. They tell me and they tell
you that Judge Fleming Knew of all these
things which are flippantlY termed tech
nicalities, but refused to put them in his
notice. When put1hem in my notice
he incorporated them in his. Gentlsmen,
I do rot believe that it is not the fret
time shat men have had to be protected
frOm their friends.
= Then, gentlemen, we joined Issue. You
all know what WAS done in this Assembly.
You refused to announce the gubernatoIial
vote. Again l was called on 10 duty.
| did not shirk it. felt that | was called
on 10 take that Office snd hold it until a
inst and final decision had been reached.
These were dark and troublesome hours.
God knows
WANTED NO CONTROVERSY,
and I endeavOred to arrange it so that
there could be no deeper trouble. said
to the man who held this ofiee against me
LIST Us arrange this matter; let us agree
that or 8 certain day the Supreme
Court shall settle this controversy.
1t wss done. That Supreme Court
held that was rot entitled 10 exercise
the duties Of Governor; not because was
not elected; no, no; they said that was
still TO be decided, bet because the Lsgis-
lature hsd not declared the result. The
cnutes, went on. A committee WIS sp-
pointed from this body TO investigate this
/ controversy. They met in the counties of
the State. DISPOSITIONS were taken The
charges and counter charges we're aDalJ zsd
and reported under oath. The committee
met to consiGer and report to this Legisla-
,ure their findings, and make recommends
tiOns Of action. You, gentlemen, must
rely on the reports of this committee,
I And now, i, happens from the investiga'
tions Of this committee, sfter work enteDd-
ing through lopg months, that just that
/ state of affairs WAS disclosed which you
men krow existed and always has existed
A. eysry election in this State. Aye,
correct that, for in my heart believe that
there were fewer illegal votes cast than In
any previous elections il the history CT
the State. The returns az made By the
election ofiicers show that the 0ontes,ee
/ bad plurality OF 40 vntss. How IS that
to be overcome? The investigations
showed on close analysis of the vote
that the man who hsd the plurality of liz
at first, had little more than ITO In the
end.
do sot propose to detain this Court
with a discussion of the Law bearing on
this contest. You will recognizes that the
differences, whatever they may be, are oi
the slightest importance. There is
A SLIGHT DIFFERENCE
a. to the law on convictions of felony, but
/ Won may congratulate yourselves that, be
ii decided ss It may, it viii have 10 effect.
The main effort, the main charge,
the sole hope which Judge Fiem-
ing has ia the fact set up
in bis allegation regarding the votes
in Mercer and Mcdowell counties. l wish
Won gentlemen could 20 TO Mercer ard Nc
Dosell and see the development in that
wonderland. Il will do you good. Go
down there ard note the wonderful change
you will see-eitiss where The moDarchs OF
the forest stood. You will find there men
who are engaged in doing the things which
you want done in your counties.
I simply allude 10 this to show That
there was nothing unusual in their polit'
ical charge which has occurred in these
counties want to say before reviewing
the evidence in this case, thst there was an
orgauiz ID effort by my political fTiends, to
see that no false ballot went into the bal
lot hOxss in these counties. That Is ID
the evidence, and no one dare contTovert
it. Notice was given TO these who were
entitled to vote, and TO those who could
not vote. Now, I want TO Investigate
these facts ard see Hhather or not ] can