The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-02-02
specIal Dlapatch 10 the IntelI!Eeneer.

Special Dispatch TO the IHteIl!Epncer.
WASHINGTON, D. c., Feb. 1.-The
declared purpose OF the defeated can
didate FOR the United States senatorship
in West Virginia 10 contest the election
Of his competitor, upon The grounds
that the choice made by the Legislature
was not a majority choice, and was
therefore invalid. was under discussion
in an informal way to-day. when Rep
resentative Miller, of the Fourth West
Virginia district, was asked for his
views on the point raised His opinion
was that Mr.. Scott's title is beyond
question legal one, and that The
United States senate, The only arblter
Q: the matter. Will 50 declare.
Mr.. Miller, with others, thinks il 10 be
Improbable that any contest Of the cleo
lion Is seriously intended. but upon the
declared purpose 10 make such IN APP
peal-regardlCs il as real purpose
he said:
THE alleged invalidity OF The elec-
ton by the legislature OF West Viz
Eiuia OF Hon. y. Z. Scott 10 the United
States senate is based on the fact that
state senators Piersua and Getzeudan-
ner. who voted for Scott, had, since
their election and qualification as msrl-
hers Of the legislature, accepted com
missions and served as officers IL the
United States army.
Both Pierson and GetZeldanaer were
duly elected 10 the state senate for the
term Of fOIr years, at the November
election In 1896. AT the organization OF
The legislature in January, 1891. they
qualified and participated as such sem
ators in the business of that session
until its close. Some time in 1898, after
the commencement of the war with
Spain. both We're appointed, commits
stoned and acted as officers in the army.
1T is now contendad thatsthe accept
ance by PiersGn and Cietzencauaer OF
Offices in the army ipso faeto vacated
their Offices as state senator's. neither
OF them having resigned as senators be-
fore or since that time. Our state con-
stltutidn provides that No person
holding a lucrative Office under this
state, thu United States. or any foreign
government. shall be eligible TO a seat
in the legislature BY another provis-
ion o: our constitution il is declared
that each house shall be the judge Of
The elections. returns, and Qualifications
Of its own members, thus providing
tribunal by which all questions affect
ing the membership o: the Legislature
shall BE- determined.
Before the meeting of the legislature
IN the lith day OF last month, both
I'iersnn and Getzendarner resigned
the-r 3!4Gas,iE.|ih army. and their res
!cnauonS were accepted, They We're
not then holding any lucrative CHice
under the United States.
The Inhibition in the constitution Is,
among other things. TO restrain q per-
son from undertaking the discharge of
Incompatible Official duties. each Of
which might require his services. and
subject him TO different jurisdictions at
the same time. Tor example: 4 seat
N the Legislature would subject the
member 10 the rules and orders OF that
body and require his attendance al its
sessions. Being o soldier, or officer. In
the army, would subject him 10 the or
ders ard authority Of his superior IN
command. thus bringing abuuI n CON
fici Of authority Many other .easOrG
might be stated fn- The provision first
above cited.
Was No Conflict.
"Eut at the meeting Of the legisla-
'urc no such conflict Of authorIty-o-
duty could have arisen. The senators
ware enrolled as ne,7bers. They Ind
resigned from the army. The ssnatc
could not know officially, until brough,
70 It's attention in the regular way. that
t4ersoG and Getzendnaner had served
IN the army or had done anything dur
!rs the recess OF the legislature that
would then justify ,heir expulsion.
Ihe!r appointments TO offices In the
army, and their Eligibility TO seats
Were, however. TnEds the subject OF in
NestSauon by the scHate, after the
meeting or the Legislature but before
me election of air. Scott, upon a Chal-
!eREc O! their right TO membership n
Thai body. This investigation then nee
essarily involved the consideration and
determination 0f all tho law and facts
affecting their right, or eligibility, 10
seats.
Under its constitutional power the
Fcna:c decided that both were legally
entitled TO seats and TO particlpnta In
me business OF the legislature. The
whole matter therefore is now res iu-
nlcnta, The most ihni ran be urged is
mat tierson ana Getz"nda1rer yvart.
ana are senators dc flCtb which Is nor
admitted; but if true. their acts were
NOT. and. are not void. for that reason,
me senate may have erred, il may
oH said. for the sake or argument. in
llS judgment declaring the eligibility OF
i!erF"n anc EeizendaDner. Vel thar
judgment IL binding uuul reversed by
Sn;He superior constitutional power.
VINO VIII reverse the action OF tho stTtF
senate Of West Virginia? CerrninIy
The senate OF The United States viii moi
inquire into the legal status of F9iersnn
ana Gctzerdanner. after the decision nj
our state senate has fixed H."
Mr.. McGraw'e Position.
In his connection 1t is proper TO state
that Mr.. McGraw arrived in Washing
ton Monday. and has announced tba
purpose OF his presence 10 be tho sub.
'Hisslea Of his case" to the United
States senate. He says:
Ihefe is no question that the from
mo standpoint Of constitutional law
Aad the uubrOkrn prccedents or iha
senate, there was no election In West
Nhr!nih. and l shall submit the case
10 the senate with d greut deal OF con-
iid.ncp"
lie then gons over the ground hithrr-
10 outlined by him. citing the undigpuf-
60 iacts that Mr.. Scott received hut
!ofly-tiShi votes, and that the lcgisla-
ilire Shonld have ~ members. He snl,s
d., "ilttti' CONTRACT entered
lhto mat one ~ ninety-siy members
TtroEniZcc on the rolls OF two houses or
me legislature should not D. counted
II Goes not take Il skilled mathcmatI.
can he thinks. ''to determine tllat *
IS holG majority Of a." which is Doubt
iesS true. IT Is believed. however ihnt
ne great majority Of the United states
hehhte, II not the entire hUdy, oven in
cinGins 70 pronounced a nemocrat and
no able u constitutional lawyer ms sem
40. ;.'or fAilkner' viii indorFn The foregn-
!,.E pF9pnation ,E@ advanced by Represent
i,,,,,,., ;,TaSn "a nor, %h6 II himHclf an able
lIMLNr- q lLntIAlIEt- q