The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-09-21
Mn.n.n co,,ntn,, pel,pate.

Morgan CountyS De&gats'
The granting Of writ OF peremptory
mandamus by Judge Faulkner. COM
handing the ballot commissioners OF
Jefferson county to place the name Of
Frank H. Harmiston, nominated by the
Democrats for the legislature, on the
ofictal ballot, and the resolve OF the
commissioners to appeal the matter to
the supreme court, will bring the matter
before the highest judicial authority in
the state for decision. The case
hinges upon The decision Of the judge
that the act OF 1897, which gave the
Republican county of Morgan the right
Ia have delegate of It's own. on the
ground that 1t was justly entitled to
Il, having the required population, is
unconstitutional. The delegate district
(the SEVENTY has been composed Of
the counties of Jefferson, Berkeley
and Morgan, and, in order TO give
Morgan it's Just representation, the leg
isIatnre changed the district to consist
Of only Berkeley and Jefferson, giving
Morgan a delegate Of its own.
While the matter affects the standing
Of but one member Of the legislature,
It is important as involving the consti-
tutional question referred to, and Will
doubtless be decided by the court pre-
yious to the election. The point made
by the advocates Of the measure was
that II corrected a manifest injustice
which was done in the reapportionment
of the state following the census of
1880. The legislature is held to be the
proper body to correct Its own errors
in such matters and to determine the
eligibility of It's own members.
II was unconstitutional for an I'M
Just apportlonment to be corrected by
the legislative branch Of the govern
ment, there Is something in the consh-
tuition which needs correcting. II a par
tisan act of legislature In making an
apportIonment which cuts out county
from Just representation is unconsti-
tutional, then the sooner the constitution
is reformed in that particular the bet
ter. Nobody had any intention Of re-
apportlonIng the state In the sense In
tended by the makers Of the conssitu-
tion. The sole purpose was to correct
an act Of injustice, and In response to
repeated petitions OF the people OF Nor
gan county. There were several coun-
ties polling less votes, or votes about
equal IL Morgan county. that had dele
gates. Most of them were Democratic
counties. The IntellIgencer is not pref
udlcIng In advance the decision OF the
supreme court. II is calling attention
20 the purpose of the Legislature in cor
rectlng a rank injustice OF the appor-
tlonment of 1890. Equal representation
and Justice to all is claimed to be a
Democratic principle. II Is also Re-
publican principle. The politicians who
are making the cifort to undo the act OF
Justice by the legislature Of 1887 arc not
observing the principle in taking advan-
tage OF mere technical point Of law;
we say tAls without rejecting TN Judge
Faulkner, who. judcially, has rendered
a technical decision, as doubtless he felt
compelled to do. The supreme court de-
clslon will also be awaited with Interest.
-
SPANS desire that .he evacuation OF
Cuba be postponed untIl February Is is
probably based on the lack OF trans
portation facilities, the estimated
.strength Of the Spanish army on the
island telng 100000 men. The United
states government has no Intention OF
afiording aay further delay than IS nee
cssary. The quicker the donS get on
the other side OF tho water the better.