Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-01-26

DENTS AGAINST SCOTS Sc
CURING A SEAT.
Special to the Register.
Charleston, w. Va. January 25.-
Immediately after the result of the
vote was announced in the joint con-
vention, the friends of Mr.. McGraw
went almost in a body to the Ruffner
and were received by the Democratic
leader in his rooms. The rooms were
crowded during the afternoon and un-
til late tonight by Democrats, who
went to pay their respects and sym
| pathize with him over the result of the
senatorial fight.
When they met Mr.. McGraw, they
forgot to sympathize, because the
genial statesman did not think that he
was an object of sympathy. OF all
the Democrats the one who took the
most optomistic view of the situation
was Mr.. McGraw himself. He said
that he would rather occupy the posi-
ton he does now, than that of Com
missioner Scott.
When asked concerning the report
which had circulated on the streets
that a contest will be inaugurated, Mr..
McGraw said: Il don't believe that
any Senator was elected at the joint
convention to-day. So far as | am
personally concerned, | cannot profit
by any contest, as the most that could
be accomplished would be the unseat-
ing of Mr.. Scott. The loyalty of the
Democrats, and the fight they have
made has placed me under obligations
which render it, in my opinion, a
of my party, and the constitutional
government in the State of West Vir-
ginia, to have the questions connected
with this so-called election passed
upon by the supreme tribunal, which
in this instance is the United States
Senate. The fact that the Republi-
is much more important than the cleo
ton of any man to the United States
Senate. If the Constitution of the
State and the laws made pursuant to
it are violated by the lawmakers
| themselves, then it is unreasonable to
expect citizens of the State to respect
the acts of those who do not respect
the laws passed by preceding Legisla-
lures.
at was on account of this fact that
the compromise was effected by which
the vote of to-day was had. That
compromise will be abided by on the
part of the Democrats but it does not
affect and cannot affect the validity of
the election of a United States Senator.
The Legislature itself upon joint con-
which Senators of the United States
are elected, and it is certain that a
compromise agreement had between
the candidates cannot make that legal
which would be illegal without such
compromise. No candidates can agree
that a portion of the State shall have
no voice in the choice of a Senator.
To allow such an agreement to ma.
such an effect would be to make it
representatives who can vote and
those who cannot. The time of the
Legislature is short and the need of
| legislation great, and if that time is
| consumed in the revolutionary tactics
which have prevailed in the Senate in
its early days, there could be no leg
islation. This was the reason for the
compromise and it will be carried out
to the letter. But, as l said, there
a Senator should not be contested.
The first point in the contest will
be that Mr.. Scott did not receive a ma
iority of the votes of the Members
elected in joint convention. The joint
| convention is a separate body from
either the Senate or the House, and il
is necessary in the coalition of the
two bodies for the formation of the
one that all of the districts of the State
be represented in its membership, and
vote. The joint convention cannot
prescribe the rules for the election of
a Senator. The United States Senate
has gone so far as to hold in the case
| of John P. Stockton of New Jersey,
that the joint convention cannot even
prescribe that a plurality of votes will
elect. There has never been a case
where a man has been seated in the
United States Senate without receiving
a majority of all the votes of the mem
bers-elect, except during the recon-
struction period, in the cases of Sena-
tor Sykes, of Alabama and Senator
kellogg, of Loui3ana, and in both
cases there was rump Legislature.