The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-26
FIGHTING NOT YET FINISHED.
SCOTT DECLARED ELECTED But A
CONTEST WILL FOLLOW.

ginia's Legislature Gives Repub-
lican Candidate MajOrity-Mc-
Graw Declares Scott Was Not Le-
gaIIy Elected, and VIII Contest 1t
in the Senate-GFOunds Upon
Which He Bases Claim.
Charleston, w. Va, Jan. 25.-After
contest of over two weeks, Internal Reve-
nue. Commissioner Nathan B. Scott was
this afternoon elected United States sem
ator from West Virginia for the term end
ing in March 1905. He will succeed Sen
aior Charles Faulkner.
Many predicted that there would be a
deadlock for weeks, but a decisive result
was reached on the first joint ballot.
The vote stood; Scott, Republican, As;
McGraw Democrat, 46; Goff, Republican,
/; total vote cast, 95; necessary to elect As.
As the ballot stood when the last name
was called, Scott had only forty-seven
votes and the deadlock, which had been
expected, seemed assured. But just be-
fore the president of the Senate started to
announce the result Delegate Hunt, who
had voted for Judge Blizzard, announced
that he wished to change his vote. Dur
ing a brief speech, in which he explained
his position, there was a breath sus-
pense.
Hunts Vote Elected Scott.
At first it appeared as if he would join
Delegate Hapstonstall, who voted for Goff,
but he cast the vote which elected Scott.
Hapstonstall chung to Goff to the end
Delegate Asbury, who had been absent
during the entire session on account of
sickness, was present and voted for Scott
Morris, Rep, against whom contest is
pending in the Senate, was not permitted
to vote, and the Tay.or county seat in the
House, which is claimed by Dent was left
vacant in accordance with the compromise
agreement reached Tuesday night between
the leaders of the two houses.
Tonight it was given out that Scott's
election would be contested before the
United States Senate.
During the balloting the Democrats fil-
ed protests against the votes of Getsen-
danner and Pierson, whom they claim to
be ineligible because they accepted a
commission In the volunteer army while
holding their offices as senators. This
they will make one ground of the contest,
Not Legal Majority.
The other ground will be because Scott
received only forty-eight votes, one less
than majority of all the members elect
ed to. the legislature. AS a precedent
they cite the Blackburn Hunter case in
Kentucky, in which the Senate refused to
let Hunter take his seat because he had
not received a majority vote of all the
members of the Kentucky Legislature,
though he had received a majority of those
present and voting.
Hon. j. e. McGraw, the Democratic
nominee for senator, tonight made the
following statement to the Associated
Press:
Neither Mr.. Scott nor myself was elect
ed to-day under the forms of law, to the
Senate. I received 46 votes in the joint
assembly. He received As, and Judge Goff
received !. This gives Mr.. Scott a major
ity of one over the combined vote of
Judge Goff and myself, but of the 4S votes
received by Mr.. Scott, two of them were
the votes of state senators who had for
feited their votes by reason of the pro-
visions of section 13 of article of the
state constitution in the Senate by the ac-
ceptance of lucrative offices under the
federal government Commissions in the
army, therefore, Mr.. Scott in reality and
in law received 46 votes. The vote for
myself was 4s, and the vote for Judge Goff
was /, and in consequence there was no
election.
Representation Lacking.
"In addition to this, the ballot in joint
assembly was taken in the absence of any
and all representation from the county of
Taylor and from the Fourth senatorial
district, so that the pretended election
was had without any representation from
that senatorial district, and from one coun-
~ in the legislature; and, with the absence
of such representation, the vote received
by Mr. Scott in the joint assembly was not
a majority of all senators and delegates
to which the various counties of the
state were entitled under the constitution
thereof.
The questions raised by me are not
of personal interest or advantage, but /
deem il my duty to see that they are
properly presented to the Senate of the
United States upon the question of Mr..
Scott's qualification therein.
II feel it my duty TO see that these
questions are presented and a protest
made to the Senate of the United States
Mr. McGraw makes this statement as
the basis Of his notice of contest
Means n Vote for Expansion.
Senator-elect Scott, on receiving the eau
Gus nomination one week ago, telegraphed
President Mckinley as follows:
ION top another vote for expansion"
He is a pronounced expansionist, and a
strong administration man.