The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-01-30
but when he comes 10 apply the law 10
the facts he Is almost always md in.
yafiably wrong. G@IF al q y.
A FALSE CHARGE.

vote and fraudulent vote. Lawyer,
know the difference. They believe tba
yaa DO no. knew .l,e difference or the,
would not audaciously declare to you
that the two things arc the same. Tier,
Is not In all that testimony one scintills
OF evidence that casts an imputatior
upon the integrity Of ono commissioner
who helped to conduct that election.
~ AN HONEST ELEcrIoN.
Search the evidence mud YOU cannot
find a corrupt act on the part OF one o.
these officers. want to state that The
commissioners who received the seyent,
votes that were thrown out belong IA
the same party that Judge Fleming does
In Kanaw ha the election in the precinct
that was thrown out was conducted by
one Republican, one Democrat and ont
Labor man. In Mercer and Mcdowell
two out Of three OF the election officers
were Judge Fieming's friends. The
election, | say, was honestly conducted
so far as this record shows.
As to the law as stated in the majority
report, 1t may be as good as that any.
where given, but tho mistakes begin IL
the application Of the law to the evidence
Brother kee, you and I were assailed
for saying that man must have a domi.
cile somewhcre. That is precisely wha,
the majority say and about what the mi.
nosi.y say. So it was said BY Judge
Synder in White against Tennant, that
compilation of ihe wisdom of ayes on
that subject, read to us rs part Of the
majority report but not printed in the
majority report. Now Brother Kee
shall give more attention to this par,
or will you look after it. .Ju-g,,..,
Mr.. hee-Tll look after it.
As To rAurERs AND DISTRICT LINES.
Judge Maxwell-Now, as to paupers
According to the report you would
infer that n pauper hnd come
down from a Massachusetts case
OF November, 1867, not 1888,
and there is not the proper explan.
alton, as is given in the case from which
this is copied. The law is that man
must be receiving aid to disquality him
as voter. The majority held correctly,
but applied the law otherwise, as 1 am
surprised to see by the majority report,
The question of district lines has given
much trouble. In Ohio county thirty.
five people were contested because they
voted out Of their districts. / thought
if these people were where they wert
claimed to be and the case was as
stated, these votes should be thrown
out, but it did notso appear. It was ar.
gued yesterday that you need not show
that there were district lines. II nv
friend from Hardy had tried manyeiect.
ment suits be would know that you
must Introduce your patent or your deed,
and then your lines to show where your
land is. The rule that applies in civil
actions applies in this contest, hence no
district line that was contested can be
shown until it is shown that there were
district lines. In Ohio county we would
not throw out votes honestly polled BY
persons on one side OF street, when il
was not shown that any line had been
established. almost expected Brother
sprigg, after what he said yesterday, to
turn back and move to strike out these
35 honest votes.
~ DRAxToN CASES.
In Braxton about 70. votes were con.
tested for voting on the wrong side OF q
district line. The evidence shows tha,
the district line was the turnpike. The
question came before the committee as
to what should be done. 1t was after
my friend from Hardy had been con.
yerted to the doctrine that man can.
not vote outside Of his district. Brothe,
Kee thought there might be some doubt
and proposed we hold them under con.
sideration. We agreed to that. The
broad insinuation that Brother ke.
changed his mind is not well founded
II my Brother Kee had thought ther
that the act was null and void md nfter
wards changed his mind, he has the
backbone to say SO.
p | voted at the suggestion OF my
brother Kee to strike these votes out io]
the present at that time. I thought it was
about the same case as Braxton county
l found | was in error, and changed
my mind. l am not convinced that Q
number OF honest votes in Braxton shnl
20 out to keep company with the homes
votes struck otf in Brooke. The act o
the Braxton county court in attemptin.
to enlarge the district Of Holly, was null
and void. The majority believed tha
the action OF that court was legal ant
did change the district line. T.
No RECORD OF CHANGED LINES. :,
The majority discuss the question eIab
orately and they conclude by saying
"lf we are mistaken in all this, in sup
posing that this change was legally made
1t had the color OF legal order, aud th'
voter is not to be disfranchised." Tha
is, If it is all wrong, the votes must q
out. I was troubled as to the right o
these people to vote at the Court House
There does not appear on the record an,
recognition Of the district change since
1864. It does not appear that singh
constable was elected in that district,
knew personally that these persons hat
voted there for years. ! have tried t,
vindicate my brother kee against tn
charge Of turning summersanlt in thi
question. I say that the majority repor
confirms my own views on this question
Much has been said about the count,
of Brooke, but not much has been sal,
on this floor except by brother Sprige
We read the evidence. We came /
vote. Brother Kes had converte,
me. I tried to convert brother Sprigp
that man couldn't vote out Of bis dit
trict. There never ought to have bee
any question about this. The act Of th
Legislature merely confirms the proyis
ions OF the constitution. We refused t,
strike of votes contested because me-
were employed by the State, becaas
that prohibition OF statute which strike
them is not constitutional, and the sam
applies to persons working for big col
porations. ~. y l.:5 -, !.
MlsAPPLIED THE FACTS. ti:s
When We came to Brooke county til