Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1895-01-15
sg.elsl q ~ R.tr.,.

CHARLESTON, w. Va, January "A
The House opened with prayer by Rev.
d. ". Terrence,
Smith OF Ohio, Of the Committee OF
Privileges and Elections, submitted the
Committees report on the Ford-Prince
contest case and moved its adoption.
The report stated that the face OF re
turns showed that Ford received 95C
votes add Prince Gas, and that the board
OF eanvasssrs acted irregGlarly in throw
ing out votes sufficient to give a plural
u for Prince. Also, that Ford had sue
eessiully contested votes cast foT
Prince, which made the vote stand
Ford, $50; Prince, 943.
DaAdridga presented a minority re-
port, stating that the votes attacked by
Ford were not illegal and that the
Board OF Canvassers acted legally Ia
making the recount which showed
Princes election; that investigation
showed that Ford should be given 94e
votes and Prince 949 votes, aud that the
latter was duly and legally elected
also, that 10 was not proven that the
votes thrown cut were those Of Dem
Ocrats
Edmiston moved to lay both reports
On tue table and have them printed IN
she Journal Smith, OF Ohio, demanded
the ayes and noes. L0st-ayes, 20;
noes, 40 cambridge made quite q
lengthy speech in favor Of the minority
report. after which EdmiStOn offered
al amendment instructing the commit
tee 70 present the evidence In the case
TO the House. This was also advocated
by Judge Fleming, but point was
raised that the amendment was out OF
order on the ground that II was not ger
name 70 the matter before the House,
aud the Speaker so ruled. The minority
report was rejected, - 20 10, SIX alb
senteeS, Prince not voting. Smith, OF
Ohio, withdrew the motion 10 ADOPT the
majority report, and Morris introduced
the following resolution as an amend
meut 10 the majority report.
WHEREAS, IL appears from the evil
dence and the report Of the Committee
on Elections and Privileges that the
s.sctiOn held ia the county OF Raleigh
and State OF West Virginia, on the sixth
day Of Novem Der, 1875, for meu5erS OF
s1e House Of Delegates, AZe, Ford was
elected by vote Of $50 for himself 20
q vote Of 943 for 1. G.. Prince, now sit
ting as member from said county, there
fore
Rcs1lrcd. That the said Aze Ford be
aud hereby is declared 10 have been
duly elected 10 the Ottice OF member OF
The House OF Delegates from SAID Ra'
leigh county for the present session and
that be be given the seat IN the body as
Such member
Pending discussion, recess was taken
till o'elocS.
90 reassemblinE, the amendment was
adopted. smith renewed his motion 70
adopt the majority report. Morris
spoke at some length, supporting the
motion, reviewing the evidence as 70
each vote contested, saying that q ma
iority OF the committee had not been
blinded by parLisanship, but on the COZ
trary, bad given PriRcs the benefit OF
every possible doubt
Reynolds also supported the motion
and reviewed the case, paying particular
attention 20 the point that the Board oil
Canvassers had violated the law 10
changing tally sheets Of returns from
the precincts 10 question.
Edminston opposed the melton, claim
ing the Legislature could DOT vote ln-
telIlgentlY on the question, because
thew bad been refused an opportunity
10 90 into the evidence. A resolution u
pript it had been voted down, and no
one but the committee knew what the
evidence showed.
Martin told a story Of an old doctor
who protested vigorously against tax
ING dose OF his own medicine, inuma
tiny that his Democratic friends were 10
n similar position. He had hoped par
tisanship would not be brought into the
contest. cut it had been done, on the
Dsuocratic side. The Board OF Can
vassers OF Raleigh county had disre'
qarded the statute aud rulings oil the
Spnreme Court In going behind the re-
,nros. IL was contrary TO precedent 10
contest eases 70 print the evidence a.
whole. IL was the business or the com
mittee 20 slit the evidence, conoense u
and present 10 as report which they
had done.
CamOoeU said he was no lawyer but
-new something about contest cases.
he referred 10 the GoT.FleminE, AtSin
-Peodleton and MOrriS-Ogden cases
he was satisfied the majority OF the
COMMITTEES had treated Prince with the
almost fairness aud was willing &c
abide by their report
Dandridge said ne didn't want 10
..Iern time and in nothing be had
ssid Intended TO reflect upon the ma
toritv OF the committee, but he thought
;bsv themselves were not perfectly sat
tsfed with the repor; ana hSd ar
rfved AL hasty conclusion. lie
,bonrbt the evidence should be printed
81 members could examine H.
smith. OF Ohio, Chairman OF the Com
,,ittee. closed the argument. lie sal'
en- matter should not be settled In par
- spirit. Ford presented evidence
80 prince none. aud IL was 10 Do sup
Dosed he had none. he believed INT
HTar,ocraric members OF the commltt
- tried 10 be fair. In ore ease MI
I',yson had asked TO be excused iron
- "a he was undecided aud was ex
80 he desired 10 cast 10 reflection
vDon their honesty bat there was ~
Unit IN his mind in the justice o
Ford's case. ..,- I'D ~.