The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-01-06

SFceiai Dlsphtch TO tho fftcl,Iranrsr
CHARLESTON, W. Va. Ian, 5,-It I,
understood that the Republican lenders
aad the Democratic leaders have bee,
comforting for several days about IN,
several contests IN The legislature Tb,
Democratic managers have pronosc,
that all the contests before the Icr4s,a.
tufc, Including tho Get2cndanurr and
Pierson cases, be submitted Ia the s,,.
pFeme o1urt Of appeals, hr; both par4te,
nave not agreed aS to the course 10 H.,
followed, In the event o: the court be-
Ing equally divided in It's tIrcIsio, thu
Democrats want the undecided cascs 10
20 back TO the house or senate accord.
Ing to where they belong. This. t-hnir-
man Dawson says. he would not ON.
sent to. rs The Republicans had pur-
sued the law in the Monroe county case
and had uottcn Judgment from the
circuit court declaring Via elected and
entitled to seat In the house Of dele
gates.
Tho effect Of tie" Mr.. Dawson
said, lin the supreme court would be 10
affirm the decision OF the circuit court
In the Via, case, and insisted We
should have the benefit Of the law In
that case.
Tho War Senators.
Chairman Dawson further said: "As
TO the case OF the war senators, the at
torney general has said he would pcr-
nit the use OF his name In bringing quo
warranto proceedings. but have no
doubt the supreme court has no jurIs-
diction In the case. and would so de-
eide. The Democratic managers ad-
NIT that they believed my view WAS
correct, but proposed that We consent
that the supreme court should hear and
determine the matter: but II Is IL card-
nal principle In law that you cannot
confer Jurisdiction upon Il court by con-
sent: In other words. parties icannot
confer upon the court what The law
does not
II suggested to my Democratic
friends that probably the best plan OF
procedure would be for them to apply
to the supreme court for 1 mandnmus tn
compel the secretary of state to placs
on the roll of the senate. as appearing
to be elected. the names OF the two men
voted for to Ill the alleged vacancies In
the senate made by the acceptance 0.
commissions in .4he army by Senators
-'GesEendaauer and piersnns45r ~ r. 80
agreement Not Necessary.
while these propositions were pend
t.Nr. tn nn,,,aprotc @ DnyIInI fns NM
damus in the Taylor county case and
this settled in my mind what had be-
fore thought Of, that an agreement was
not necessary; for the Democrats can
take into the supreme court amy case
they please and we will abide BY the
decision of the court, No party or per-
son could afford 10 do otherwise. We
can take any of these cases to the court
without any agreement, 50 II seems 10
me that an agreement would be an
su-dly vain and unnecessary. AS l
have before stated In any case In which
the court had no Jurisdiction 1t could
only hear the case upon nm agreement.
that the Judges would simply act as ar
bitrators ] don't believe that the court
would consent 10 do that
Chairman Dawson said he would
make tho proposition that Brohard- o!
Taylor. Via, OF Monroe. and lnloott. OF
the Lewis district. be seated IN emo
house and that the balance otthe other
contests, excepting the case OF war
senator's" he decided by Joint CON-
mission OF three Democrats nnd three
Republicans, who arc TO select seventh
member.