The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-01-17

chair was sustained by a party vote
so to 2S,
Judge Maxwell offered a substitute
for the resolution, providing that Nh,
Smith be sworn In pending the decision
OF the case by the house, and that the
committee on elections be instructed TO
recount all the votes cast in Ohio
county for Smith and 0'Kane and re-
port the result to the house,
The issue now being squarely before
the house Mr., Lively opened with a
lengthy speech, laboring TO show that
O'Kane was entitled to be sworn in,
Mr.. LiYely's argument was that the
legislature was sitting as asovereign
body; in the language ola distinguished
West Virglntan, he said, the members
carried their soYereigHties under their
own hats" they were the sole judges,
and the question at issue must be de-
clded solely on the facts presented 10
tho committee, which facts he construed
wholly in Mr., 0'Kane's favor,
lie WOULD IGNORE THE LAW,
Mr., I.iyely's remarkably broad asser.
tions that the legal proceedings in the
case shopld be ignored were received
with complaCenCy by the Democratic
side.
Judge Maxwell said ho was aatounded
that the gentleman should ask the
house to disregard all laws, all prece-
dents, all reason and decide the ques-
tion solely on their own motion, Judge
Maxwell made strong speech, con.
tending that the certificate presented
by Mr.. Smith entitled him to b0 sworn
in and to occupy q seat until the case
was decided. He cited numerous pre-
cedents, among them the case where
Republican Congress had allowed Mr..
Jackson to be sworn in and retain
seat on the fraudulent tive" certificate
given him by Gov. Wilson until 1t was
legally shown that the certificate was
fraudulent.
During Judge Maxweirs speech Mr.,
Lively interrupted him aud asked him
to yield. Tho Judge politely yielded.
Mr.. Lively then announced that he held
in his hand n certificate from the board
OF canvassers Of Ohio county certifying
O'Kane's election. 1t had just been re-
ceived from Wheeling, all mandamus
proceedings having been withdrawn.
The statement was received with ap-
plause on the Democratic side. Judge
| Maxwell asked TO see the certificate. II
proved TO be from the old board d
canvassers. Judge Maxwell pronounced
| it bogus since the supreme court had
only this morning decided that tho old
board OF canvassers Is defunct, and
that the new board is the proper can.
wasting board.
Mr.. Floyd spoke for the Republican
side in the same line. He reviewed the
case fully and vigorously, denounced
the Democratic side for the arbitrary
action proposed, and tho ignoring OF
court proceedings and legal phases Of
the case. He also announced that
within an hour the supreme court had
decided the old board OF canvassers de-
funct and declared tho now certificate
offered by Mr. Lively not worth the
paper it is written on. Floyd's speech
done, the house adjourned till two
o'clock.
On reassemblinr the Smith.0 Kane
debate was continued. Mr.. Wilson, OF
Ohio county, made statement from
Ills peFaOnul huuMlouBes CuWutuSt VI
Kanawha,. spoke eloquently for seating
Smith. McAllister, Of Cabell, replied,
saying that ii Mr.. Smith had come be-
fore the house with the certificate from
the secretary OF state he would be en-
titled to sit pending the contest, but not
otherwise.
THE SECRETARY OF STATE WRONG
MIR. Floyd read the law on the sub.
joct requiring the secretary OF state to
transmit the returns sealed up and a
list Of members appearing to be elected.
It was not his duty to certify tho cleo
tlon OF members Of the house. There
was evidently wrong impression on
the other side as to the seCrotary's
powers.
Mr.. Stapleton, OF Wood county, also
plead for lair play. He moved that the
whole matter be referred back to the
committee with the new certificate re.
ceived from the old board OF canvassers,
Mr.. Lively opposed the motion on the
pound that on its face il constituted the
committee on privileges and elections a
canvassing board. He thought the evil
dence was sufficient to seat Mr.. o. Kane.
In his remarks lie referred ina doubt
/ full manner to Mr.. Floyd's conscience,
whereupon Mr.. Floyd arose to aques-
ton Of privilege and charged that Mr..
Lively was grossly personal. The gen.
tleman could talk politics all lie wished
in the house, but when II came to re.
flecting on his character he must 60
outside TO do 1t. Mr.. Lively replied that
he did not intend to insult anyone, and
II he had reflected in any way on Mr..
Floyd he humbly apolgizod. y .
Judge Maxwell replied to Mr. Lvely's
speech. The debate dragged along and
considerable partisan feeling was en-
gendered.
The motion to recommit was lost by
ViUa VOcG vote, the Democrats voting
no, and the Republicans aye. The
question recurred on Judge Maxwell's
observation-disclosures Smith tho seat pend
ing further contest, and tho vote result
cd: dyes 80; noes 81.
Judge Maxwell moved an amendment
to the original resolution that the com.
mlttoo on elections be instructed TO re-
count the Ohio county returns. The
motion was lost aud the original roso.
luton voted on. The vote had pro.
ceeded for some time when 1t was dis
covered that some Democrats were yot'
ing no, and thore was danger that Mr..
o'Kano would he
nEPusED Ills SEAT.
Mr. McAllIster said: Mt Speaker,
members on this side evidently don't
understand what they arc voting for,
rLaughtoE