Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1899-01-13

by the Majority AFTER all Other Ef-
forts had Failed-A Splendid Presen-
tatitn of the Democratic side by
Hon. John w. Dayis--A Remarkable
Statement Concerning the Secretary
of States Power Made by Mr. Old.
field-Contested Election Cases Sent
To Committee for Consideration.
CHARLESTON, w. Va, Jan. -
There was a scene in the hall of the
House Of Delegates to- day which
would have frightened a skilled par
Humanitarian.
w. B. Outright, of Jpshur led the
Republicans, assisted by Oldfield, of
Mercer, and Martin of Kanawha.
John w. Davis, of Clarksburg, who
possesses all of the ability and force
Of his distinguished father, was select
ed to lead the Democrats. He is but
q years of age, but is magnetic
speaker and courteous gentleman.
The brilliant manner in which he
conducted the case of the majority
side won for him compliments which
are seldom accorded one of his years.
After his address, in which he review
ed the case from Democratic stand
point, he was congratulated on all
sides, many Republicans pressing for
ward to shake his hand.
His thorough familiarity with all
the facts bearing upon the contested
seats in Taylor and Monroe enabled
him t. meet the Republicans upon
every proposition, and his knowledge
of the legal phase Of the situation
assisted him in outwitting the oppo-
sitlon several times during the day.
He was ably seconded by Major e.
A. Bennett, of Cabell county.
The Democratic position was out
lined and defended n the admirable
speech of Mr. Davis, upon his motion
TO refer the papers and documents
bearing upon the contest between Via
and Logan in Monroe county, to the
committee on privileges and elections
which has been previously appointed.
He contended that the matter about
to be referred should have been
determined on Wednesday, before
Mr.. Via had been sworn in
as a member The accident which
placed Mr.. Hill in the chair and the
manipulation of the strings by the
power behind the throne which made
Hill a mere automaton rendered such
course impossible. He referred to
the f1imsy preteXt upon which Mr..
Hill aided by Mr.. Outright, endeavor-
ed to establish a precedent.
Mr.. Davis clearly defined the law,
which makes it the duty of the Sec
rotary of State to enroll as members
of the House those who present certfi
icates of election. The statute is
PLAIN and admits of no other possible
construction. A certificate Of cleo
tion is prima fdce title to a seat in
the house. Mr.. Davis cited numerous
authorities. He then reviewed the
facts in the Monroe county case, and
when he concluded the republican
task of disproving the charge that
the Secretary of State exceeded his
authority was hopeless
In his reply, Mr.. Oldfield did the
best he could with poor cause. He
argued that the duties of the Secreta-
ry Of State are not purely administra-
tive but sometimes quasi -judicial.
Mr.. Davis challenged him for a state
ment of where and how the Secretary
of State gets quasi-judicial powers,
and Mr.. Oldtield was forced to admit
that he did not know.
Mr.. Martin supplemented his re-
marks along that line,
AND WHEN CoRNERED
By Mr.. Davis he declared that the
Secretary of State is authorized to
make up the roll of members from the
certificates and from all sources. y
The democratic members succeeded
in having the certificates and all other
papers received by Mr.. Dawson read
by the clerk Of the House.
After the Monroe county case was
disposed of the Taylor county case
was taken up, and in spite of indus
trious f1libustering on the minority
side all the papers in both cases are
now in the hands of the special COM
mittee of privileges and elections.
The presentation Of the facts in the
House clearly proves that Mr.. Via
has not prima facie title, and justi-
fies the prediction that he will be I'M
seated today. Then j. d. Logan will
be sworn in as a delegate from Mon
roe.
In the Taylor county case it appears
Jnat neither Orchard nor Dent has
net n - ScI,<