Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-01-12
And Still Mister Smith is Not in
Delegate O'Kane's Seat.
HOUSE AND SENATE ORGANIZED.
Smith Displays His Nerve by Max
ing a Bluff at Secretary Ohley.
That Gentleman Recognizes the
Little Game and Calls Him
Down-Action Taken on the
Death Of Senator Kenna.
Snl1inl 1.l.nrnm 70 hs Reci,tsr.

noon Col. ]. B. Peyton called the House
TO order and named w. II. McClung, OF
Greenbrier, for temporary Speaker.
Prayer was offered by Rev. Mr.. Nc
Clung. There being a communication on
the Clerks desk from Secretary or state
VIM. A. Ohl1v, J. B. Floyd, Of Kanawha
county, moved that a committee be APP
pointed to wait upon the Secretary ana
ascertain II he was ready with the report.
The Chair appointed Mr.. Floyd. VINO saw
the Secretary and returned in few mo-
ments and said that the Secretary was not
ready with his report, but would have 1t
finished by O'Clock. The question arose
as to whether it would be legal 10 take
recess until that hour. While the ques-
tion was being discussed, the temporary
Speaker announced that he would be IN
his chair at 2 o'clock and left the House.
The members then dispersed and took dim
her.
At twenty minutes Of two Temporary
Speaker McClung again raped Tor order,
and announced that the committee appoint
ed to 90 to Washington would depart at SIX
o'clock, and unless the House committee
was appointed at once it could not accom-
pany the committee from the other SIDE.
He then appointed a committee OF hve, as
follows: Joseph A. Clark, of Greenorier;
~. ".
of TAYLOR; Joseph II. Allen, OF Boone, and
j. Greer, Of Mason.
When the committee had been appointed
a messenger from the Secretary OF State
appeared with the long-loOked-for docu-
nent. which was read by Clerk Peyton.
Delegates were then called 70 the Clerk S
desk In groups of five and took the oath.
When all the members had been sworn IN,
the Clerk read the communication from
Secretary Ohley, in which he stated
that he mad received what purported 10 De
a certificate of election from the Board OF
Canvassers Of Ohio county, showing the
election OF Wilson, Brockunier, lmhoh
ano Smith, and other evidence showing
the election Of the first three named and
NJ. J. OiKane, all of which he sumbitted TO
the House. Delegate Floyd, or Kanawha,
asked that the certificate be read and that
every member be permitted to see whether
or not IL be genuine This started de-
hate which was led by Delegate Lively on
the Democratic side and Delegate Floyd
for the opposition.
Mr.. Lively, replying TO Mr.. Floyd's de-
mand that the certificate be read, said IL
was the duty of the Secretary OF State to
make a list of members from the ceruh-
Gates placed in his hands. When the list
is sent TO this house and any objections are
made the matter should be referred 10 the
Committee on Privileges and Elections to
whom the Secretary should furnish all
evidence in his possession bearing upon
the case.
Mir. Flovd: 'I have asked for the read
ing of the certificate OF the Secretary OF
state. as REQUIRED by sections go and 10 OF
cnapter 50 Of the acts of 1891. l want it
read that the four delegates from Ohio
county may be properly seated by the
House and not at the dictatlon of the Sec
retary of State. The law provides the
manner In which certificates shall be re-
turned, and as member Of this House /
am entitled TO know what is in that GER
titicate, and / want TO know
The Speaker stated that there was moth
ing before the House except the election or
a Speaker, but if unanimous consent was
secured he would order the reading or the
certificate. Mr.. Floyd replied that he
would not consent to submit the question
TO unanimous consent. He wanted the
resolution read. Mr.. Lively called the gen.
tleman TO order. Mr. Floyd appealed from
the decision, and the Speaker afterwards
withdrew it, stating that he had understood
that three Ohio county men had been
sworn IN. Judge Maxwell thought the
four persons certified as elected by the
Board of Canvassers of Ohio county should
De given the oath.
Then followed lively cross-ire between
Delegates Lively and Floyd, which was at
times quite spirited. Mr.. Lively arose and
stated that the matter was one which tue
House could not examine. 1t was conceded
that three out Of four members were elect
ed and the contest was on the fourth. lie
asked that the three should be sworn IN and
if there is any objection TO the other tue
matter could be heard and evidence SUB
mtted to the Committee on Elections. lie
offered a resolution embOdying the sub
stance Of his remarks.
Judge Maxwell stated that the certificate
of the Board of Canvassers gave them
prima facia right to q seat In the House,
and if there were any contests they should
come afterward. MIR. Floyd called atten-
tion TO the fact that the matter was very
important one, as il would establish pre-
cedent for future Legislatures.
Mr.. Lively held that the delegates should
be seated in a proper way, and the only
proper tribunal was through committee.
The question presented was one which the
Secretary OF State could not decide. he
could not determine between the evidence
presented on either side, so be submitted
the evidence in the case 10 the House OF
Delegates.
Delegate Edwards, Of Kenawha, stated
that the Secretary OF State had constituted
himself a court TO attempt 70 dictate to
the Honse. He held that il was unpre-
cedented and unconstitutional. He then
read a duplicate Of the certificate Of the
Ohio County Board. Continuing be said
there was only one thing 70 be done, tne
Secretary of State having performed DIS
duty, and that was 70 swear in members
who had prima facie right TO seats on the
floor Of the House.
Mr. Flovd held that If one member was
entitled 70 be sworn in on the certificate OF
election, all were entitled 10 the same
treatment. II Mr.. Smith was not 70 oe
sworn in, the only solution Of the matter
was 10 allow all TO 90 to the Committee
He moved that the certificate be read
Mr.. Lively then made statement OF the
situation, with reference TO the Ohio coun,
" election. He held that the ole Board ol
Commissioners was the proper returnin
board, and not one which came into exist
ence since that time.
A vote was then taken on Mr.. Floyd''
! motion that the certificate be read, after
| long wrangle regarding the right OF mem
| Der 70 demand the ayes and noes and. whlcl
was finally decided in his favor Tne roi
was called, and the motion was lost By
vote NJ % 10 81. The clerk then read Mr
I,iyeIyis resolution. and Mr.. Edwards, O
Ksuawha. offered the following substitute
"ResoIued, That the clerk swear IN th'
four persons who shall appear oT the ceru
ficate of the Board OF Canvassers OF Ohi'
county. Wess Virginia, 10 have received
the highest number Of votes for delegat'
| from SAID county 70 the Legislature o
| West Virginia, al the election held on th'
Sth day Of November, 1872"
The roll was called on the adoption o
the substitute, and it was lost by aFote o
| 80 to %. An amendment was thenpnere'
i