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

II "a, 1852, WI
rocoss before organization, and was de-
bated by Floyd, OF Kanawha, and Max
well, The chair held that he doubted
his right to entertain this motion, and
decided that the house must wait on,the
secretary Of state, and those members
who could not wait for their dinners
we're at liberty to go without the for
mality of recess.
Hethep announced that he would be
in the chair at two o'clock, and in the
meantime the members could
DO WHAT THEY PLEASED
with their time. At twenty minutes
past two the secretary Of states mes
seuger appeared with the long looked
for documents, aud the members were
rapped to order.
Tho speaker pro tenn announced at
once tho following committee OF five 10
accompany tho senate committee to
Washington to escort Senator Kenna's
remains to Charleston, the announce
ment OF tho senator's death having
been made: James +. Clark, Of Green
brier; L. D, Chambers, of Logan; s, Fl.
Gramm, OF Taylor; Joseph II. Allen, OF
Boone; n. j. Greer, OF Mason.
The communication from Secretary
OF State 0hley was then read, being the
certified returns Of tho election otmem-
bers OF tho house OF delegates The
roll Of members go certified was read by
the clerk,
THE OHIO COUNTY NAMES
were omitted, but accompanying the
report was a special communication
submitting the papers in the case, Tho
members were then sworn in. All hay
ing been sworn III but the Ohio county
delegates, the clork read the secretary
OF state's communication submitting
the papers and tho certificate OF the
Ohio county board. He found himself
unable 10 decide the matter. This left
the whole cnso as it had previously
been, and the entire Ohio county dele
cation were held out OF their seats.
Delegate Floyd, of KanRwha, asked
for the reading OF the certificate granted
by the present board of commissioners
OF Ohio county, that the members might
SEQ II it were genuine or of doubtful
validity, as tho secretary OF state inti-
mated in his communication, Mr..
Lively, OF Lewis, opposed this demand
in a lengthy speech i'll which he held
that Secretary Ohley had not done his
duty in failing to return complete list
Of tho members OF the house, 1t was
not matter for tho house 10 decide.
Mr. Floyd again demanded the reading
of tho certificate, and made
ToRC1BLE SPEECH
sustaining the right Of the house to
know its contents. The chair decided
there was no question before tho house,
and Mr.. Floyd appealed from the de.
cision.
Judge Maxwell declared that tho
members from Ohio county we're enti-
tied to be sworn in, as tho certificate
submitted by the secretary Of state was
prima facie evidence of their election,
Mr.. Floyd persisted in his demand
for the reading OF the certificate, that
the house might see its character. Mr..
Lively declared the only manner Of set-
tlement Of the case was in committee,
and advocated that course OF procedure.
W. S. Edwards, Of KanaTha, con-
tended that the secretary Of state's ac-
tion found no warrant in the Constitu-
tion, and read the certificate granted by
tho board OF commissioners, certifying
the election Of Wilson, Brockuniar, I'm
hoif and Smith. The matter, he de-
Clared, should be referred 10 q commit
tee, and the time OF the house be saved.
Mr.. Floyd again took the floor and
spoke on the Same line. lie aaid that
the house was establishing dangerous
precedent, and according to the secre-
tary OF state a dangerous power, In al.
lowing him to transmit certificate
under such circumstances. He moved
that the certificate be read.
Mr., Lively said he was opposed to its
reading, because the paper in question
was not o valid document and was not
the one to be received. Tie Ohio
county board which had granted the
certificate had never counted ballot
and had no right to issue the paper.
Who ever heard Of newly elected
court reversing q decree made by its
predecessor? The whole case was o
matter OF evidence and should be re-
ierred to proper committee.
The whole debate was simply on the
question Of reading. the Smith certia-
cato. When Speaker pro tom McClurg
was about to put Mr.. Floyd's motion
for the reading OF the certificate, that
gentleman called for the ayes and noes,
and Mr.. Lively raised point Of order.
The chair refused to sustain the point
Of order and the roll was called.
Mr.. Floyd's motion was lost by n
strict party vote OF 30 to so. Mr.. Lively
then offered resolution placing the
three Democrats on the roll OF men,
bers, and that the smith-O Kane con-
test he referred to a committee.
Mr.. Edwards offered q substitute, as
foiiows: "That tho clerk swear in the
four persons who shall appear by the
certificate Of tho board Of commission
ers OF Ohio county to have received the
highest number OF votes for delegate" J"
Judge Maxwell briefly advocated the
substitute, holding that the course was
tho only proper one as the certificate
was tic only primo idcic evidence Of the
election and all the gentlemen named
therein were entitled to be sworn in
pending the investigation OF tho valid
ity OF tho certificate by a proper COM
mittee.
Mr.. Lively held up tho record Of tho
board Of canvassors and declared that
to be tho truo primo fdcis evidence. lio
asked that the three members from
Ohio county whose soats worc not con-
InnInh l,n ntunrn In md TINT tho othnr