Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-01-24

I the Assembly.
The pent up phypOchOndriacal freifulness
which bad been gathering into Mr.. Hub
/ ba-i's breast for over q year exhausted
| itself in ore more outbreak. He was sur.
prised that judge johnson had devoted go
much time 20 en argument sustaining the
action OF the forty-six. Democratic mem
bsrs in refusing to publish the returns OF
the election.
No other purpose was apparent 70 him
than 20 remind the fOrty-six Democratic
members that they always had been forty
SIX and must remain forty-siX until the
contest bad bsen ended, The opinion CT
the Supreme Court that the Legislature
ought not to have published these returns
was net ruling. 1t was merely the
opinion of a legal authority upon ques-
tOn that was never befOre it; and at that
tim nd in that way, the opinion had no
weight whatever.
Now the question srose "a 70 tbs weight
which is 10 be given to the majority Ie-
port. 10
COULD NOT BE EXPECTED
that Counsel would consider each case
,criatim. Ii should be taken as q whole
aud II it should be shown 10 be false in
any essential particular it should all be
considered vicious snd false.
Judge johnson had said that the report
VAS 70 be treated like the report Of com
mission on ehancery or q Judgment in
court He left this proposition for the
pnyeriul consideration Of the assembly.
But why did Judge johnson say
this? It was because be knew
that under the law Of this Slate,
the findings Of q chancery commission
on a question Of fsct were generally ac-
cepted, unless they were shown to be rad
ically wrong. Bat Judge Johnson forgot
one thing. There was q commission OF
facts on every vote cast in the State. That
commission was not the commission sp.
pointed by tle Legislature, but the judges
a. svery polling place, VINO received votes
and questioned every suspicious voter. The
iadings Of this first commission were with
tle Republicans. They shoWei a major
ity for Nathan Gof.
The decree of their fast commission as
far as they concerned Mercer and MoDON-
ell counties, around which the greatest
fraud seemed 20 hang, were made up by
courts Of which majority Of the men,
/ tccs were friends Of the contestant.
The report OF the majority Of the COM
mittCe had been relied upon 10 establish
Judqe Flemiug's case. Now what was it?
Why the only copy Of it sent out 10 the
people Of West Virginia Was foil of gar
bled ex ,racts and newspaper comments,
and 20 Nc all the name OF the three COM
nitieemen were sigaed.
HE JUMPS on To THE REGISTER.
Mr. Hubbard here held up the copy OF
the REGIsTER in which a synopsis Of the
msjouty report Was published and de-
c'arsd that it WAS impossible 20 distin-
suish the report Of the committee
from the comments OF the paper.
TIE accuracy Of the publication,
however, be did not impeaeh.
The report. he continued. wss not based
on matters il evidence He had exam
ined the testimony in Mercer and Mellow
en- Counties and found there what pur-
ported 70 be poll lists Of four precincts Il
West Mercer and McDoEell counties. Up
90 MAY 1O.l, the time set for closing test,-
mouy, these lis;s bsd not bsen put in evil
depcs. How did they coms there Who
vas authority for them? Without them
there vas no p ooi ths. any Of toe men
gh bose votes we're contested had actually
70 ed IN these counties.
DOCUMENTARY EVIDENCE
At this plin, Col. 81. Clair interrupted,
and said that ihess poll lists we're cOcu-
msnisry evidence, AID could be iisd M
der the law az any tine. They bad bsen
led with the committee early IN the sum
mer, aad MesSrs. Maxwell and Morris
were both fully informed Of the fact.
Nr Hubbard then attacked the legit-
iuacy OF the two lists to which certificates
we're 10. sppetded, and Col. St. Clair
aqain explained that this was clerical
oversight. In making up the report Mr..
| Hubbard continued at some length, claim
ing that the evidence bad no' been properly
| died. and ID this cocuecti0" made an ex-
haustive argument 20 show that tue joint
/ assembly had acted without authority
\ shen it extended the time IN which evil
/ dence co1ld Re taken. Not one syllable Of
testimony, be concluded, was properly be-
fore the az. emily: not Ia deposition had
-eon taken in the time prescribed, and
I tteIe was 10 legal case for the assembly to
decide.
MORE SARCASTIC REMARKS.
This evidence could not eaiitie the re-
port 10 rs much weight as if the evidence
bad been legally taken ard fled but the
majority report, such az It was, made an
almost fatal admission.
The majority bad gone TO great trouble
to arrauge the evidence in every case, IN
every county IN the State, as long As the
csses were 70, important; bat when they
clme 10 the cases IN which an arrangement
was needed. when they came 70 Mercer
and Mcdowell counties, they had content
cd themselves with saying that the evil
dence WAS too difioult and too vOluminous.
IL vrs his experience a. Law thst when q
p;sintiff could 20, arrange bis own case, II
he had good sense be took no1-suit II
be hsd not good sense, re was
generally beaten. The majority OF tns
committee hsd shiTked their duty, emo
tbti- report was not entitled TO special
consideration. This Argument completed
Mr. Huobari's general review OF tie case,
s.d he al once began the discussion OF
special cases. He took up large number
OF contested votes as reported by the COM
miltee and attempted 20 show that the
Democrats bad TO seed consistently, ana
at various trials dsd violated tue rules
whica they had themselves lsid do|n
Among thsse ,Fe,e VIM Moore, Of Brooke
county, Edwin Ewing. Of Ohio, and W. A.
/ Dslaplaia, q OaiO. This portion Of MIR.
HubbaTd's argument was not particularly
effective. Az It's c1nclusiOR the assembly
took q recess.
BROOKS AND BRAXrON.
At 2.8O sharp ne RspublicAn advocate
resumed h,s address He immediately
turaed hrs atlslii1u 10 be district cnses
in Braxton AMI BrOoke counties. Tne
msi,ity repor. claimed that the district
lines hsd been legally clsagsd ID Brsx-
toa county because changed by sr order
passed by the Cluu'y Ocuft, which tne
msiori,y ssscrted had Judicial Ju-isdic-
tiou. He deuied 'has anY such power
rested with tho County Con1ta ~ thst
time. TIE lsE gives them general Juris-
dicion oulg f1r police snd fiscal purposes
Tbs Brsxton County Court was not com,
pe'eot to change the dislrios lines ana
they never were legally char get IN BTcoSe
couaty. TIE votes OF G.. l. Caldwell ana
69 o. hsrs, an Republicans, he'd been cast
/ ont because II Nss alleged thst ihey Toteo
I in Vsiishuge disjric' although residents oil
Cross Geek district.
/ examination of the testimony showed
] sH.a B.. haa 5,rvar h-.~ rrevan fhn- Brooke