Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-12-04

test" Am. Ency Law, vol. 10. page 1882
The word eligible above quoted is in
our Constitution. No one will pretend that
either Getzendanner or Pierson would have
been eligible to have been elected members
OF the Legislature after that had acceptd
and wre holding their military offices,
whether under State or Federal authority
Having been appointed to military offices.
since their election, and having accepted
and acted, did they vacate their seats as
members of the Senate?
The word "eligible" in our Constitution,
embraces both ideas of being elected or
continuing to hold after accepting a con-
stitutionally declared incompatible office.
The acceptance of such incompatible Of
fee, ipso facto was an abandonment, res
ignatton and vacation of their seats in the
Senate.
American & Eng Ency. of Law. vol. 6,
page AZ, and notes.
Brightly, p. 143
18th IndN1a, page 3A.
18th Colorado, page H.
Nevada. page 566.
McCreary sec. 301
Law of Elections by Payne, sec. 5SS.
McCreary on Elections, sec. 305.
Schel, Judge, vs. Cousins, Il Virginia,
page 329.
This last has a pointed application, be-
cause it has given a construction to a. sim
liar provision of Constitution, the same
as ours. \
All the authorities cited have direct APP
plication to our Constitution and hold that
such acceptance by Getzendanner and
Pierson of Incompatible offices vacated
their seats in the Senate. Any other con-
struction of the word eligible would lead
to a conclusion that an eligible person
might be elected to-day to the Legislature,
and on tomorrow accept a constitutionaliy
declared incompatible office and thus leave
the lest of qualification practically of no
effect.
1 have seen it stated that the Senate of
West Virginia by our Constitution, was
the judge of ELECTION. returns and qualif-
cations of it's own members and that
Getzcndanner and Person were properly
admitted to act and vote for Senator Of
the United States. The words quoted only
apply to their admission at the time in
1897, and this was done at the first ses-
sion after their election, and under it they
acted, at the session of 1897 The point is,
as before stated, that they absolutely, and
the acceptance of military positions, and
no proceedings were necessary in such
case to declare the vacancies. McCreary
on elections, see. S05.
Such pretense is made that the commits
sions were by State authority. The State
Constitution applies to both. They were
in fact Federal officers. McCreary on
Elections sec. 302.
The acts complained of by the protest
ants, and infinitely stated in the brief of
Messrs. Welles, Bennett & Welles, merit
careful consideration by the Senate of
the United States, not only on account of
the matters touching the right of Getzen-
danner and Pierson to vote for Senator,
but for facts shown in said brief, which
displays most reprehensible method en-
ployed to elect a Senator of the United
States. To sanction, will not only impress
a dangerous precedent, but will sanction
errors and aid to promote usurpation.
Getzendanner and Pierson had no more
right to vote for Scott than inhabitants
of Borneo., No exigency of political condi-
tons could have justified the permission
to Getzendanner and Pierson to resume
their Seats in the Senate, or could have
justified or sanctioned the means and meth
DDS employed to elect Scott. No consider
alton of a mere personality to elect a
United States Senator could have justified
such fragrant disregard of the Constitu-
ton, and sanction of the means and plans
employed By justification of the retro
spect will be more painful than the perpe-
tration.
Most respectfully submitted,
JNO. BRANNON.