The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-12-16
THE VARIOUS OBJECTIONS
no the West Virginia Senator's Title
to his Seat Net and Most
ERectualsy Disposed Of,
THE "SOLDIER SENATORS, "
netzendannsr and Pierson, Were 1c-
gally Qualified to vote-No DAM
ger Of Scott Being Disturbed.
Special Dispatch to The Intelllgencer


Special Dispatch to the 1ntelllgencer.
WASHINGTON, Dec. 15-The brief
prepared by former United States SEN
a,or Charles James Faulkner, upon
which the case Of Senator Scott rests
before the body OF which he is a mem-
Der, is pronounced by one Of the best
lawyers in the senate to be conclusive.
Upon that presentation of the case Sem
utor scott's tits will be sustained, not
wIthstantlng 1t has been published that
there was no one to own the brief
The brief prepared by Senator Faulk-
aer Is as follows:
10 the Senate OF tile United States:
John T. McGraw, citizen OF the
state of West Virginia, and certain
members of'the legislature Of that state
have filed a protest against the seating
Of the Hon. Nathan .. Scott, who was
elected senator on the 26th Of Jan-
uary, 1893. by the legislature OF that
state for the term OF six years, begin
ming the 4th Of March, 1890. His creden-
tlals have been t1led and will be found
in due form.
1t will be admitted that the legIsla-
ture Of West Virginia had a Republic
can majority: that 1t was not a ques-
ton whether Democrat or Republic
can would be elected by that body to
the senat! Of the United States; that
a Republican would be elected II an
election occurred must be conceded. 1t
will be admitted that on the day fixed
by law both branches Of the legislature
organized and at once entered upon the
duties devOlving upon II as legislative
body; that the senate was Republican
by a considerable majority; that the
house Was Democratic; that on joint
ballot there was Republican major
ity.
That the two houses proceeded in ac-
cordnnce with the act OF 1866, separ-
atety, to vote for q person 70 represent
the state in the United States senate.
No person having received a majority
OF both houses on the following day
a Joint convention OF the two houses
assembled in pursuance Of the require
Inents Of said statute. and the Hon.
N. ., Scott received n majority OF oil
the votes cast in that general assembly.
there being present IN 1t a majority OF
ali the members Of the two houses OF
the legislature
The objections 10 the seating Of the
Hon. N. 3. Scott will be taken up and
discussed in the order In which they
are presented by the protestanta.
Should the vice president administer
the oath Of office TO Hon. N. b. Scott
US a senator chosen to represent the
state Of West Virginia in the United
States senate, under the credentials
flled, and the precedents Of the SENATE
Notwithstanding the protest hled by
said John T. McGraw and others?
No suggestion In that protest raises q
question as to the legal organization
or existence OF either branch OF the leg
islature OF the state OF West Virginia
at the date Of the election Of Mr.. Scott.
Nothing In that protest claims that the
governor, Who signs the certlhcatf' or
the secretary Of state, who attests the
same with The great seal OF the state
are not the persons occupying anu le-
gally performing the functions OF those
respective offices.
II alleges that N. B. Scott was not
an Inhabltant of the state Of West Vir-
ginia whea he was chosen senator TO
represent the state IN the senate OF the
United States. This contention Is tully
answered. No sane person doubted Mr.
SCOTS residence.
That II. c. GenZendannor and y. @,
Plerson had forfeited their right and
vacated their sents Hs holding-Over sem
ators, the first in accepting. on the stn
day Of July. 1893, the position OF cap
tain Of Company NJ, Second regiment
West Virginia infantry, and the sec
ond In accepting on the 4th day OF July,
1898. the position Of second lieutenant
in Company II. Second regiment, West
Virginia infantry.
The facts in reference to these sena-
tors were as follows: They were elect
ed to the senate OF West Virginia IN
November, 1896. their term Of office be
irE from The FIRST OF January, 1877. to
the first OF Janary. 1901; when the war
between tho United States and Spain
broke out they accepted commissions
as hcreInbefore stated, during the re-
cess Of the senate. reslgning their COM
missions before the meeting OF that
body. A protest was flied tsee Journal
OF the aenate, pages and 81 against
their acting as mcmcbers of that body
on the frs day OF Its melting. which
protests were, after debate, laid upon
the table.
on January 20, 1899 tpaEe G5. senate
jornAn. Scnntors ORentOn and Corn
well offered resolutions declaring by
reason of the facts above stated that
said Getzcndanner and Pierson ''becom-
ing ineligible, forfeited their rights to
seats In this body" These resolutions
were referred to the committee on priv
iiegcs AMI elections. on January ~,
1879 Cpages 80 and S6. senate tournnD'
'he committee on privileges and elec'
lions reported back the two resolutions,
and substitute for the same In the fol-
lowing language:
Resolved, That II. G. Getzendnnner
and T.. q. Pierson nrc legally qualified
md entitled TO hold their membership
In the senate, and have not vacated
their seats therein under the provisions
" section IL, article ., OF the constitu-
ton"
on January "a. 1899 (paEcs iOO-i senate
iourbal). the resolutions reported by
the committee were adopted by vote
N the senate Of 10 10 in the one case,
and II to In tho other.
The dOctrinc announced In the con-
tested case OF T.. II. Potter vs.. Asher
Robbins. decided In 1889 tpnge SS Of SEN
ate election caRes). that:
Where the sovereign will OF the state
II made known through It's legislature,
ma contaminated 10y ltB proper func-
tionartea iu due form, Il would be dan
Rcroug oxertiou OF power 10 look behind
the commission for defects IN the com
pnnent pnris Of The Legislature. or into
Tho popular organization OF the body
for rcaspnA to Justify the senate Ia de-.
clunng its acts absolutely null nnd
void"
OR. M atnted I'm Cinrk and MnglnnlB