Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1898-09-22
The Election Middle.

The board of ballot commissioners
of Jefferson county. consisting of two
Democrats, John NJ. Daniel and ]. F.
Engle, and one Republican, Harry
Hopkins, held a meeting last week and
decided not to place the name of Frank
II. Harrison, candidate for House of
Delegates from the seventh delegate
district, on the official ballot. Mr..
Harrison resides at Berkeley Springs,
Morgan county, and was recently nom
mated for the House Of Delegates by
the district delegate convention held
at Martinsburg. The action of the
ballot commissioners in refusing to put
his name upon the ticket at the next
election was taken in order to test the
constitutionality of an act passed by
the Republican Legislature Of 1897,
changing the seventh delegate district,
which comprised the counties of Nor
gan, Berkeley and Jefferson, to consist
of only the two counties of Jefferson
and Berkeley. The commissioners rec
ognized the fact, that while this change
in the district may be unconstitution-
al, yet it is not in their power to so de-
termine, and as Mr.. Harrison resides
outside of the district, under the re-
cent act they had no authority to put
his name upon the ballot.
In Martinsburg last Thursday, sit
ting in special session, Judge E. Boyd
Faulkner, Judge Of the circuit court
for this district, granted an alternative
writ of mandamus, requiring the COM
missioners above named to show cause
why peremptory mandamus should
not be issued requiring them to put
Mr.. Harmison's name on the ballots.
The writ was made returnable at
special session Of court to be held at
Charlestown on September 10th.
This special term was held at
Charlestown on Monday, when Judge
Faulkner, on the petition of Harrison,
granted a peremptory mandamas
against the ballot commissioners, re-
curing them to place his name upon
the official ballot. Col. F. W.Brown ap.
peared for the petitioner and the an
swer to the writ by the commissioners
was presented to the court by their at
torney, ]. F. Engle. There was no ar
gument upon the petition and answer,
the same having been submitted en-
tirely upon the constitutionality of an
act of the Legislature Of 1897 which
changed the seventh delegate district,
composed of Jefferson, Berkeley and
Morgan counties, to consist Of only JEFF
ferson and. Berkeley.
Judge Faulkner delivered an able
and elaborate opinion, holding that
said act is unconstitutional and void.
He reviewed the law bearing upon the
power of the Legislature inredistrict-
ing the State. The constitution Of
West Virginia, following the constitu-
ton of the United States in establish
ing a census every ten years, proviaeg
that after each census the Legislature
aL-redistrict the State and establish
apportionment of Senators and dele
gates. Section 10 Of article 6 Of the
constitution of West Virginia, provid-
ing for such redistricting and estab-
fishing the number of delegates, pro-
vides that there shall be no change In
the arrangement of districts and dele
gates apportioned until succeeding
census.
Judge Faulkner reviewed this pro-
vision Of the constitution and held 1t
to be mandatory and governing the
powers of the Legislature in such cases.
Judge Faulkner held that the re-
cent act is plainly unconstitutional
and that the power to declare the act
unconstitutional rests in the court. If
the Legislature was permitted to
change the arrangement Of districts in
one particular, it would be permitted
to change them in any particular,
thereby creating inestimable confusion
and political mistrust.
In pursuance of the plan to get
decision in this case from the highest
judicial authority, the petition of the
board of ballot commissioners, asking
for writ of error, was on Tuesday
presented to the Supreme Court Of
West Virginia, now in session at
Charlestown. A hearing of the case
is asked at the present term, so that
the question may be settled before the
coming election. The matter is an i'm
portant one, and both parties are