Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-01-11
HOW THEY DID IT.
METHODS BY WHICH TIE REPUBLICANS
COUNTED IN SMITH.
Certificates Issued in Defiance Of Court Although
Osisnsibly Under an Order Which Gave
the Board No AahOriy-Ihs
NaniamnS Proceedings.

The hieh-handed action Of the Board
Of Commissioners, acting as a Canvass
Ing Board, in issuing a certificate Of
election to S. G. Smith, Monday night,
was the main topic Of conversation in
political circles, yesterday, aud even
Republicans condemned the action OF
the Board as not only being unfair and
unlawful, but as actually being a pro-
ceedipg in contempt Of Judge Campbell,
of the Circuit Court u was also
pointed out that while this was true,
the Board so arranged its programme as
90 induce the public TO believe that they
were acting under the authority OF
Judge CampbelPs order, and that per-
force, he was, at least by inference, re-
sponsible for the course taken. All
this was very interesting for Judge
Campbell, and made that gentleman
feel quite at his ease yesterday-in a
horn.
The facts regarding this order OF
Judge Campbell, issued Monday after
noon, are these:
The order referred 10, as Judge
Campbell tersely put it yesterday, had
no more TO do with counting the ballots
and declaring the result than had the
latest Encyclical letter OF the Pope.
That there may be no mistake as 10
this, the essential portion Of the order
is reprinted, as follows:
Therefore, We command you in the
name Of the State Of West Virginia to care
fully examine the bin of exceptions hereln-
after mentioned, and If YOU ind the state
ments and facts recited init as correctly set
forth. 10 sign the said BILL but if you ind
any one or more Of the statements contain
ed within the bill Of exceptions are lncor-
rect. then TO correct the same IN those re-
spects only, and not 10 strike from the Oil
any statement or fact alleged 10 10 II the
same are true. and 20 add 20 the OIL any
omitted fact or statement which you deem
material, and having thus settled 70 sign
the bill of exceptions rendered 10 You Oy the
said s. c. Smith on December b, lSs@ anu
for that purpose you, the sald Board, shall
assemble as soon as il reasonably can.
'The said Board of Canyassers snall
give 10 the parties interested or their at
torneys reasonable notice Ofthe time when
and place where they will settle and sign
said bill.
"And how YOU shall have executed this
orr command certify 10 our Judge Of our
said Circuit Court, Part i, at the Court
House Of said county, on Thursday, Jan
uary -, 1873. returning then ana there
this our writ
Ii will be observed that there is not
one word in this order about counting
ballots or declaring a result, yet the
Board sat for three solid hours, await
ing the arrival of this order, and first
discharging its counsel, and calmly ig-
noring the presence of Prosecuting At
torney Howard, its legal advisor, that it
might run no risk whatever OF being
called down, 10 proceed, after
the order had been read
by Mr.. Hubbard, to ignore the COM
maud OF Judge Campbell regarding the
bill Of exceptions and TO proceed 70
count so many ballots as they knew
would give a plurality TO Mr.. Smith,
and no more. and then declare the re-
suit. II this was not contempt OF
Court, Notwithstanding Mr.. Hubbard's
claim OF power 20 waive in his client, it
is rather difficult to say In just what
contempt consists. IL will be interest
ing TO see just what Judge Campbell
will do about it, as yesterday he took
occasion 10 express his establishment at
the course taken by the Board.
There is another very interesting
feature about the Republican conduct
of this s. O.. Smith matter. When the
affidavit of Mr.. Smith was presented to
Judge Campbell, As prelim nary for
mandamus No. /, 10 would seem
that if the Court was not
fully informed OF the state Of the
facts, II IL had doubts rs to jurisdiction,
or if il was not of a weItSettled cOndi-
tiOn of mind rs 20 the situation, a sim
pie rule would have issued to the
Board, asking that body TO show cause
why it should not count the
ballots referred to in the Smith
affidavit. Instead of that, an
alternative writ Of maudamus
was issued, commanding the Board To
count the votes or show cause why 10
should not This was a very different
thing, and argued q settled conviction
in the mind Of the Court. When this
matter was called 10 the attention of
Judge Campbell, yesterday, he dis
claimed any conviction or any particular
knowledge OF the facts, aside from the
er DQrte exhibit in the Smith affidavit,
and said the alternative writ had issued
uDon the decision by Judge Green in
Fisher v. the CityOf Charleston, ID w.
Va, in which, after citing the issuance
OF rule, in such cases, it was stated
that an alternative writ might issue.
"This," said Judge Campbell, will
probably make it appear 20 the Supreme
Court that I had sufficiently considered
the case TO have formed an opinion,
when in reality have not done so"
This is all very interesting, and.Shows
some Of the methods which have been
pursued in this matter,
Additional chapters relating to this
! able effort of six members OF County
T Board to set az defiance public opinion,
! the Courts and even the Legislature it.
Aself, may be forthcoming from time to
lime, and will make interesting read
ing.
ABOUT PEOPLE.