Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-11-22

1AIl4ED-E lAlNE1N1. COO NOEL ~
FILE SUPPLEMENTAL BRIEFS
WITH THE SENATE COMMITTEE
Special to the Register
WASHINGTON, D. c., November 81.
The brief in the case of John T. McGraw
and a majority of the members of the
Legislature OF West Virginia against
N. B. Scott, involving the latter's title
to a seat in the United States Senate,
has been printed and will be at once
placed in the hands of every United
States Senator. 1t is a strong presen-
tation Of the legal points involved as
we'll as the facts upon which the con-
tentions of the remonstrants are based,
and contains some very interesting.
West Virginia political history as told
by the participants in the exciting days
at Charleston in the early part Of 1889.
The brief includes the testimony OF W.
L. Mansfield, G.. w. Osenton, John j.
Haptonstall, Walter L. Ashby, James
H Marcum, ]. B. Taylor, C. D. Dotson,
John w. Davis, R. F. Kidd, r. w. Nor
row, Stuart H. Bowman, w. r. ID.
Dent, Jake Fisher and Owen S. McKin-
ney, all members of the Legislature,
and also the testimony of Chairman
William A. Ohley, of the Democratic
State Committee; w. E. r. Byrne,
clerk Of the House Of Delegates; Eu
gene Sommerville, editor of the Grafton
Leader; William A. Bratton, of Marlin
ton; Charles e. Wells, of Marion coun-
ty; Capt. A. L. Prichard, Of Manning
ton, and z. NJ. Cochran, Of Grafton.
In addition to this testimony, the depo-
sitions of ]. j. Hoptonstall, and J. J.
Robinson, chairman Of the Fayette
County Republican Executive Commit
tee, setting forth the adoption of reso-
buttons by the Republicans Of that
county
APPROVING THE COURSE
Of DR.. Haptonstall in protesting against
the election Of Scott, have been filed
with the clerk of the United States
Senate.
The testimony, much Of which has
already been printed in the Register, all
goes to show that the election Of Scott
took place under a private agreement
between the Democratic and Republic
can members Of both houses, ratified by
subsequent legislative action, by the
terms OF which Dent and Kidd, Demo-
Gratis, were barred from taking part in
the joint assembly for the election Of
Senator, but were subsequently admit
ted to seats in the Legislature. All
the evidence shows that there was
purpose on the part of the Republicans
to unseat number Of the holdover
Democratic Senators and to organize a
rump house, which should be recog-
nized by the Governor, Notwithstanding
the fact that they had majority Of one
on joint ballot So that. as the brief
says. 'in order to hold the victory
which they had achieved at the polls
and retain the Democratic Senators IN
the positions to which the people had
elected them, and in order to prevent
disruption Of the Legislature, and be-
lieving that an election Of United
States Senator under such dlress would
not be valid, the Democrats entered into
an agreement, by the terms OF which
one member Of the Senate and one
member OF the House Of Delegates
should be disfranchised and in the joint
convention their names would be omit
ted from the roll call"
THE HISTORY
Of this agreement, as given BY Chair
man Ohley and Speaker Mckinney, is
interesting. z. T. Vinson, Of Hunting
ton, chairman Of the Gold Democratic
State Committee, was the go-between.
Soon after the unseating Of Kidd, Vim
son met Ohley and invited him to a
conference with himself and McGraw
in McSraw's room. Vinson represented
that certain Republican Senator'S, Fast,
Marshall and others, did not approve
Of the revolutionary tactics adopted
in the case Of Kidd. and were willing
to make a compromise fair to all con-
cerned- Yinson then said that If a guf-
fcient number Of Democrats in the
House would agree 10 the proposition
ne had to make. enough Republicans in
the Senate would agree to it to carry Il
through thar body His proposition
had the essential features Of the agree
ment as finally adopted. Il Is a curious
fact that the Democrats were given 70
understand that Senator E}kfna and
Chairman Dawson were unaware 81
Wilson's proposition. Viuson urged
that II the Democrats wished 70 retain
their newly elected Senators and to re-
seat Kidd, they should act with ali
speed before E1kils crul5 PIT z stop TO
the compromise. But later In the day.
when the signers Of the agreement and
It's proposers met az the Hotel RuTner.
there we're present. very much 70 the
surprise Of the Democrats" said Char
nan OhIey. who supposed that the
leaders OF the Republican party were
neither aware of the agreement nor
approved of Il, Senator Eikins. Con-
gresham Dovener. Chairman Dawson.
Collector White and others, who
seemed TO be fully cognizant of the
terms Of agreement and fully advised
as 10 the differences between the par
ties having Il undar consideration
Speaker Mckinney was given a Ike
impression as 70 Senator FIkias'
IGNORANCE or TIE AGREEMENT.
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