The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-03-22

The following full and complete re-
view OF the legal aspect OF the election
OF Hon. n. B. Scott, and his title to a
seat in the United States senate, pro-
tested by Hon. John IT. McGraw, the
Democratic candidate. is by Attorney ].
A.. oldneld. of Mcdowell county. 1t
meets completely both the main points
contained in Mr.. McGraw's petition to
the senate, on the basis OF the United
States statute governing the election
OF senators and quotes high authorities.
1t is published in the Recorder, OF
WEIGH, and is worthy of careful read
ms by every citizen OF West Virginia,
regardless Of party. The statement is
as follows:
The readers OF the Recorder. without
reference to politics. doubtless, are in
terested in the much mooted question
as 10 the legality OF the election OF Hon.
N. B. Scott as q senator in Congress
from West Virginia, Accordingly 10 this
article will attempt to make the mat
ter plain tothem, as It presents itself to
me,
Prior to 1866. confusion ana frequent
contests arose over the election OF sena-
tors. from the fact that no very. definite
federal statute existed regarding such
elections. and the only guide was the
local regulations and statutes OF various
states. Each state differing in these
regulations-some very widely from
others, and the senate OF the United
States, being the final Judge of the le-
Gality OF these various actions USder
the different laws. followed them as
nearly consistent as possible. In so do
ing 1t made decisions and set prece-
dents. which. IL followed strictly at
this time, might. possibly, raise some
questions in Senator SCOTS case. In
1856. however. Congress enacted law
governing these elections and making
them uniform In all the states, and thus
forever put an end to the conflicting
cases arising under the operations OF
state laws.
For the purposes Of this paper sections
Il and Is of the revised statutes OF the
United States, are sufficient, which are
as follows:
Section ID. The legislature Of each
expiration of the time for which any
senator was elected to represent such
state In Congress shall. on the second
Tuesday otter the meeting and organi-
cation thereof, proceed TO elect q sena-
tor in Congress"
Section Is. Such election shall be
conducted In the following manner:
Each house shall openly. by viva voce
vote OF each member present, name one
person for senator In Congress from
such state. and the name OF the person
so voted for, who receives majority of
the whole number OF votes cast In each
house. shall be entered on'the journal OF
that house, By the clerk or secretary
thereof; or II either house fails to give
such majority to any person on that
day, the fact shall be entered on the
journal. At u O'Clock. meridian, on the
dag following that on which proceed
ings are required to take place as atore-
said. the members of the two houses
shall convene In joint assembly and
the. journal OF each house shall be
read. and II the same person has re-
ce!yed n majority OF all the votes In
each house. he shall be declared duly
elected senator. But II the same person
has not received majority. o. the
votes in each house, or II either house
has failed to take proceedings as re-
qured by this section, the Joint assem-
bly, shall then proceed to choose, BY A
VIVA yOCE VOTE OF EACH MEM
Der PRESENT. A PERSON FOR
SENATOR. AND THE PERSON WHO
RECEIVES A MAJORITY OF ALL
THE VOTES OF A JOINT ASSEM-
BLY,. A MAJORITY OF ALL THE
MEMBERS ELECTED TO BOTH
z HOUSES BEING PRESENT AND
VOTING. SHALL BE DECLARED
DULY ELECTED.
Paine on Elections. chapter Is. section
6sl. in commenting on this statute,
says: ass
THE following are the material pro-
visions OF this chapter: ~ The Joint