Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-01-17
MR.. MI. O'KANESEATED
The House Of Delegates Adopts the
Majority Report.
SMITH NOT IN 1T AT ANY STAGE.
Ohio County Now Has Solid
Democratic Delegation on the
Floor Of the House and the Re
publican Side Is Shy One
"Leader"-Other Legislative
Affairs.
srseial 7s!snsm to the Rsqis.sr.

worked real hard, too, but the Democrats
are mol giving any consolation prizes.
What makes that gentleman's failure TO
get a seat on fraudulent certificate
doubly sad, is the fact that the Republican
side will now De without leader"
There was a brilliant display of oratori
cal pyrOtecbnics in the House to-day, but
it was a waste of words on the part of Re
publican members. MIR. Smiths. friends
wanted another recount, and the other side
might have agreed to it, but they remem-
bered the past experience and did not care
! 10 expose themselves TO the danger of
mandamus.
The House met at 10 o'clock. Delegate Bur
CESS led in prayer. The Speaker announced
/ the appointment of the following additional
committee clerks: Beauregard MCCord,
of Cabell; }. a. Hopkins, Of Jefferson; j.
Il. Stanley, of Pleasants: A. r. Kenney, OF
Calhoun; E. b. Mccormick, of Wayne;
Thomas NJ. Wilson, of Monongalia: G. L.
Campbell, OF Hardy, as mail and banking
page; George kenna We.ch, OF kanaw0a,
and Fay Simon. of Barbour, as floor pages.
The House committees indicated IN last
nights dispatches were then announced, as
expected. Two reports were presented by
the Committee on Privileges and Elections.
The minority report was a mass OF verdi
age going over the entire argument for
Mr.. Smith, ana was signed by the Repub-
| lican members The majority report was
as follows:
"Your Committee on Privileges and
Elections, 10 whom was referred the Ques-
tion concerning the seating of Nj. J.
O'Kane objected 10 by S. G.. Smith, begs
leave TO report, having maturely consider
ed the same. that N. J. O'Kane appears TO
be entitled to a seat ia this body"
Mr. McCallister presented q resolution
which was read oy the clerk, providing
that Mr.. O'Kane be seated. Mr. Floyd
could not understand the necessity Of such
! a resolution, as ne though; the adoption Of
either the majority or minority report
would carry with il the point made by the
gentleman from Cabell. The Chair said
otherwise, ruling that the reports of the
committee were to be regarded as argu-
ments of their respective positions
in that they did not present any proper
reasons. He ruled that the resolution was
before the House for action and Mr.. Floyd
appealed from the decision. That gentle
man then arose and started an argument
when Mr.. Dandri1ge made the point OF or
der that he had spoken more tnau twice
UPON the subject Speaker Shaw replied
that he had INDUCED the delegate from
Kanawha and then the ayes and noes
being called upon the appeal from the
Chairs decision, it was defeated by vote
Of 2S to 30.
Judge Maxwell then offered substitute
for the resolution providing for the seating
of Mr.. Smith instead of Mr.. O'Hane. Mr..
Lively took the floor TO speak upon the sub
stitute, and stated in clear and convinc-
ing manner the Democratic position in the
contest. He held that technical legal pro-
ceedings should not necessarily affect the
committee in its judgment, as the House
was above all the courts in the matter of
determining who are entitled 10 seats upon
the floor referring TO the recount OF the
Ohio County Board he made the
point that q State Senator and Sheriff are
holding their seats upon the canvass there
made, and that Mr.. O'Kane held prima
facie right to the seat. MIR. Smith admit
ted that the new board did not count the
ballots, vet the certificate specifically
states that they did, il is therefore fraud
ulent and should be rejected. Judge Max
well replied 10 MIR. Lively lie held that
the evidence before the House, showing
that the vote of Ohio county has never
been completed, made il necessary Tor
the Legislature TO complete the count but
pending such action, Mr. Smith having
prima facia right, should be entitled to
seat upon the floor. While in the midst of
his argument Mr.. Lively interrupted Judge
AlNANCAAs anu ottANAs MI AANehNAf AAefNt
lust received 10y mail a certificate from the
Board of Canvassers of OHIO county, show
ing the election of NJ. j. O'kane"
The document was passed TO the clerks
desk amid applarse from the Democratic
side, while Mr.. Maxwell continued his ar
gument. The certificate was signed by the
old Democratic Board of Cauvassers.
Judge Maxwell argued that the seating Of
MIR. O'Kane would be disregard Of ali
precedents and all law. Referring
to the certificate presented by
MIR Lively, he expressed sur
prise that he would bring forward
such q document in the face Of the decision
of the Supreme Court iustone hour before,
deciding that the old Board Of Canvassers
went out Of existence with the expiration
! of their term Of office as Commissioners.
Mr. Floyd followed Judge Maxwellin a
! lengthy speech, in which be stated 10 new
arguments, but followed the line which
had been mapped out oy Republican men,
bers. When Mir. Floyd concluded a recess
was taken until two O'Clock
The members assembled again promptly
at . O'Clock, and Mr. Wilson. Of OHIO coun-
", took toe floor TO speak upon the pend
| inc substitute for the majority report Re
| ferring tp Judge MaXwelPs remark that
MIR. Lively had drawn upon his imagina-
! tion. Mr. Wilson said the statement would
apply with greater force TO Mr.. Maxwell.
Mr.. Wilson had a personal knowledge Of
the situation in Ohio county, and he made
a plain statement Of facts. The gentlemen
on the other side had spoken Of establish
ing precedents. He was opposed 10 the es-
tablishment Of precedent which would en-
| able any man TO use the courts for his per-
sonal and political ends
Mr.. Edwards, of kauawha. made brief
speech, and was followed by McAllister,
| Of Cabell, on the opposite side, in an ex-
cellent address from the Democratic
standpoint. MIR FLOYD arose TO make plain
| the duties OF the Secretary of State. That
! Official was merely medium by which the
/ election returns are transmitted 10 the
House, sud has no power TO make certih-
| cate. Mr.. StapletoD, Republican, Of Wood,
referred to the certificate presented By
| Mr., Lively, and stated that it did not come
/ through the proper channel and could not
| be considered as evidence in the case The
only thing the House could DO would De 10
refer the matter back 10 the committee
| and recount the votes He made motion
10 that effect. Mr.. Floyd thought the new
| certificate was sent here in the expectation
| that the Supreme Court would decide that
tde old board, continued after the expiration
Of the term Of Office, ,to,be the legal canvass
| ing board, but since the Court decided to
the contrary the decision settled that point,
and he could not see the wisdom OF consid-
ering IL Mr.. Lively. speaking upon the
motion, said he proposed 10 vote 10 seat
the man who, in his opinion, secured the
largest number Of votes in the Ohio couE-
y election. That was the real Ques-