The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-01-12

CHARLESTON, W. Va, Jan. 11.-The
frs. partisan political setting Of the leg
stature Of 1903 occurred to-day, pend
ing the organization OF the house Of del
ecates, with the result that after an all
day session tho organization OF the
house was not effected until half past
ak tonight, although 1T was intended
simply to meet. push the organization
through and adjourn as a mark OF re-
spect to the memory Of Senator Kenna.
The fight began at the receipt Of the
roll OF members as certified by tho Sec
rotary OF state, when it was discovered
that Secretary 0hloy had transmitted
The roll without the names OF the Ohio
county delegates, but accompanied by
n communication in regard to the case,
in which he submitted the certificates
granted by the Board OF Commissioners
on Monday md all the papers and rec
ords OF the cNnvassing board. He found
himself unable to determine the valid.
ity OF the certificates and left the mat.
ter open for the house to decide for
itself.
Delegate Floyd, insisted that the certifi-
cate be read to the house, which was
opposed by the Democratic side, led by
Mr. Lively, who wanted the matter in.
volying
THE TITLE OF Mr.. SMITH
to the seat referred to the committee
on privileges and elections. The issue
was squaroly joined and tho fight con-
hnued for tour hours. 1t was hotly
contested, and at times ran into per-
sonalities between the two leaders.
1t was finally settled by reference to
the committee. In tho meantime
neither Mr.. OKane or Mr. Smith will
occupy scat. Thereis little doubt Of
the outcome. The matter rests on the
right Of the present board to issue the
certificate. but Republicans realize that
tits for Democratic partisan commit
tOo to decide.
Some criticisms OF secretary ohley's
course were indulged in during the dc.
bate, but there is no doubt in the
minds OF those who know all the cir
Cumstances that he acted with an i'm
partial deaire TO do justice to all parties.
He had given tho matter much thought
and listened to arguments on both
sides, and studied carefully all the
papers in the case, finally concluding
that no other course was open to him
than to send tho whole matter into the
house to be settled.
Mr. Smith, shortly after the houses
action was taken refusing seat on his
credentials, said that it was the only
timO in tho history OF the state that q
certificate Of canvassing board was
accepted as to part OF those appearing
to bo elected, and refused as to tho
balance; that as this was
IRREGULAR AND ILLEGAL,
he was glad it was done, SO that the
public can now SEQ he was elected, and
the only way they could avoid the re.
suit was as indicated. He was very
much pleased with the close fight his
friends had made.
As Mr.. 0'Kane wanted to be shown
up in committee, lie would, as usual,
accommodate Mr.. 0'Kane'a wishes.
lie said he had defeated Mr. O'Kane
before the people on the original count,
andhe had turned him over also on the
recount and the secretary OF state, par
tisan though he was, certified the
boards certificate in Mr.. Smiths favor;
that o'Kane had no foundation to
stand on except what tho legislature
should manufacture.
AS to the legal Status Of the case, Mr..
Smith claims that the supreme court
compelled the Kanawha county can
Wssors in 1888 to recount, and that the
new board did it under that order,
counting in-aiteg the old board had
counted othorwise--C Congressman Al
derson. Mr., Smith enjoys tho situu.
ton, seems full Of fight and says he will
stay with 1t to tho end. On the other
hand, Mr. 0'Kane Is quite uneasy be-
causOt the Democrats failed TO give him
tho scat without IN investigation.
q. A, D.