Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-16
LAW. RIGHT AND JUSTICE


| All Point Directly to the Same Conclusion.
| william Campbell u fhe state senator
/ for the rhirteenth District.
| Charles Town, w. ", Dec. Is.
/ To the Editors of the Democratic Press
of West Virginia.
! Gentlemen: In view or the present
| discussion as to the vacancies in the
/ State Senate, the following facts and
legal opinion may be of interest to
| your readers:
In 1896 D. w Shaffer was clearly
elected to the State Senate from the
Thirteenth district by a majority OF 60
over Getzendanner, Republican.
His seat was stolen by the Repub-
/. Mcan majorinty in 1.-THE Senate and
given to Getzendanner.
! During the spring of '9S Getzendan-
ner accepted a commission as captain
in the Second West Virginia regiment,
U. S. v, thereby vacating his seat in
the Senate, under the provision of the
Constitution Of West Virginia, which
/ says that mo one holding a lucrative
position under the United States gov
eminent is eligible to a seat in the
/ Legislature"
| The vacancy was brought to the at
tention of the Governor, upon whom
| the sworn duty then devolved to issue
writ of election to fill the vacancy.
| He declined to comply with this plain
| requirement of the Constitution upon
| the plea that such action would be an
| interference with the rights of the
! Senate, which is the judge of the cleo
ton and qualification of its members.
! If this were literally true the Senate
could seat an alien, a minor, woman
or one dlsfranchised for crime-in
contravention of the Constitution.
The Governor promised to issue a
written opinion defending his course,
but, acting on the advice of leading
members of his party, has so far failed
to do so.
| The Democrats of the Thirteenth dis
trict, in strict observance of the Con-
stitution, held primaries, elected dele
| gates to a convention held at Martins
! burg, at which | was nominated. My
| nomination was certified to the ballot
| commissioners of Jefferson, Berkeley
and Morgan counties in accordance
with the law, and at the late general
election | was duly elected to the State
Senate. The Democrats have clear
majority of seven in the House, the
Republicans a majority Of six in the
| Senate. They now propose to resteal
the membership from the Thirteenth
district for the second consecutive time,
| to reseat Pierson, of the Ninth district,
and to get majority of one on joint
ballot, in fragrant violation of the Con-
stitution.
1t is, stated that, if necessary, they
will permit this political crime by
| fraud and violence.
| AS evidence that we have the law
and the right on our side, l subjoin a
few opinions bearing on the case.
| In the contest case of John P. Van
| Ness, in 1902, the committee on cleo
tions reported favorably on the fol-
lowing resolutions and his seat was
| declared vacant:
Resolved, That the committee of
| elections be and they are hereby in
structed to inquire whether John p.
| Van Ness, one of the members of this
House from the State of New York,
returned by said State to serve as one
| of it's members in the Seventh Congress
the United States, has not since his
election as a member of this House and
since he occupied a seat as member,
| accepted of and exercised the office of
major Of militia under the authority of
the United States within the territory
of Columbia, and thereby forfeited his
right to a seat as a member of this
House." CLARK and Hi, p. 1929 The
| expelled member contended that the
provision of the constitution only APP
piled to a civil office, but the House de-
cided the contrary.
During the second session of the
| Twenty eighth Congress, Congressman
Yell of Arkansas, was elected colonel
of a volunteer regiment and went to
Mexico with his command. He did not
resign his seat in Congress, but the
Governor Of Arkansas construed his ac-
ceptance Of a commission in the army
as vacating his place in the House, and
ordered a special election in Col. Yell's
district A member elected was allow
ed to hold his seat by Congress.
Senator Sewell, of New Jersey, dur
| ing the second session or the Fifty
fifth Congress was offered commits
sion as major general. He referred
| the matter to Attorney General Griggs,
who decided adversely, and on May
| 10th Senator Sewell sent the following
letter of declination:
| Mr. President: