The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-01-31
on which tho Contest Committee do no,

on which the Contest Committee DO nc
agree.
Brooke county is dealt with by Judp
Maxwell and myself fully In our report
Gen. st. Clair In discussing the proceed
ings OF the County Court OF Brook
county In regard 10 the disputed terri
tory, claimed by the majority to be
part Of Cross Greek district, never pou,
cd out any Of tho contents Of his via
and blood stuff, with Judge johnson
glittering and glistening red liquid oil
fatlibility. In fact, he out-Johnson'
johnson, on inlallibility here. An orde
showing that a certain man was paid a
one Of the commissioners appointed /,
lay of Brooke county into townshl ps |,
to DO taken az an order establishing tn
townships. What would you think O
Judge Maxwell and myself, II We shoutt
come in here and flourish before you tn,
warrants paying us for our labors a
members OF this committee, and clai,l
that these should be'taken as our report
Would you not Say that TINT was foolish
yea, idiotic. IN.
WHERE ST. CLAIR FORGOT HIMSELF.
General st. Clair was interrupted by
two members Of this court, the Delegate
from Fayette and the Senator from
jackson with pertinent and proper cues
tions. My distinguished military friend
forgot himself at this juncture. In nv
opinion he imagined he was in n politi.
cal meeting. What would have been a
proper retort In that kind OF an Assem-.
blage was discourteous and improper
here. But one thing would be inferred
here-that the forty.six are to be for.
ever forty-six, and you forty.lve can be
forty-flve, and st. Clair, the advocate Of
contestant Fleming, bids you iorty.six
depart to a hotter region, held to be a
place Of merely fable and mythology by
Col. Bob 1ngersoll.
The delegate from Hardy, Gen. Sprigg,
Of the Contest Committee, made the
strongest presentation l have heard OF
the weak position held by the advocates
Of the contestant, in regard to Brooke
County, and l think that he stated the
evidence fairly. But his admissions are
fatal to his case. Townships or districts
cannot be established by common un-
derstanding. Who knows better than
the gentleman from Hardy that this
maxim in law is true, namely, "That
that which does not appear does not ex-
iBt."
BROOKE COUNTY LINES.
Where are the records showing that
the districts OF Brooke and of Cross
Creek were ever established as the law
requires. Gentlemen may cry "com-
mon understanding" but there can be
no common understanding. G, B,
Turner, the custodian of the records Of
Brooke County by virtue OF being Clerk
Of the County Court, says that he made
diligent search to find orders establish
ing these districts and found them not.
That which does not appear does not
exist" These lines are not in the
records in the Office OF the Secretary Of
State, the only other place where they
could be outside OF that office in the
County of Brooke, where Mr.. C.B.
Turner is custodian Of the records.
THAT which does not appear does not
exist" YRS .Tf5
Gen. Sprigg, refers with contempt
to the "big mouthed negroes as he
styles them, in the counties OF Mercer
and Mcdowell. As to TINT by itself, l
cou ID not nowhere on my list OF friends,
lind one who would needlessly set bis
foot upon worm. @
ButGen. Sprieg grows vehement when
it comes to the discussion OF the disiran-
chisemcnt OF Gen. Duyal, and says he
lias no more right to vote illegally than
any laborer who cleans the streets Of
Charleston. I, faith, consistency is a
Jewell" When Brooke and Mercer are
BY this gentleman with the
pink and sleek. cheeks, from the sweetand
waters Of the South Branch,
the proposition is greater, however. But
say this, to unjustly define him who
highly esteems this glorious privilege OF
freemen, to rob him OF his
ballot, who holds sacred his privilege of
casting it, is equally 4 crime. Whether
he gallant soldier is struck at or the
humblest colored man, is all the same.
DlsFRANcHls1Sa LEGAL VOTES.
Now my position is simply this: am
asked to strike from seventy men the
right OF suffrage, to take away from them
one Of their dearest privileges by virtue
OF stern aud rigid cnactme mt Of tho
law, which / say must be enforced when
it is, proper to enforce it. But before
l do this, raise my hand and point to
another stern provision OF the statute
law, which requires the establishing OF
district lines, and there is no syllable Of
record to establish these lines. "The
usurer may have his pound OF flesh, but
he must draw no drop ofhonest blood"
l tell you, my friends, I brought up one
OF these legal requirements against the
other, and one sweeps away the other.
l do not know what may be the copse-
quences to the county OF Brooke but
advise them totproperly lay off and es
tablish their districts, fix their lines,
which they may easily and lawfully do.
Tell me, forsooth, that districts can be
established by common understanding,
or little order paying some man for do
ing something fixes lines which it never
mentions. -. +, y
Finally and conclusively, on Brooke
county, here is this overwhelming deci.
sion, not a committee decision, but a
judicial one: Electors cannot be resi-
dents Of one district and vote in another ];
and it has therefore been held that q
statute transferring voters from one dis
trict to another, by a change of city
boundaries, is in effect an. alteration Of
the district,as much as it would be II the
same result We're brought about in dif.
ierent' way.-(People vs. Calihan, %
Mich, 1lG. ~ 5a ::''s,,7 "
At - o'clock the Joint Session nd.
journed for dinner. o. c,,p.u,
SENATOR MORRIS CONCLUDES n