Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1899-11-28
WEST vIRaINIA saNAToRsHIP.
Grounds OF Mr.. MeGraw's Contest sta
ted by His Attorney.

Grounds OF Mr.. MeGraw's Contest sta
ted by His Attorney.
81 have just returned from West
Yirglnis, where we completed the
evidence of the protest case against
the seating of Hon. Nathan b Scott
as a Senator of the United States
from the State of West Virginia ,.
said Mr.. Frank L. Wells, the attor-
ney, recently.
II am glad to have the opportuni
ty, now that the evidence is complete
Of correcting the popular misappre
hension concerning this matter. In.
the popular mind it has assumed
the phrase of a personal protest from
Hon. John I. McGraw against the
seating of Hon N. B. Scott. AS q
matter of fact, it is the protest Of
forty nine members of the West Vir
ginia Legislature, all of whom were
present at the joint convention and
none of whom voted for air. Scott.
against Mr.. Scott being declared
elected when he received but As
votes.
"There are other questions OF
equal Importance to he considered
by the United States Senate. The
first of these questions is as to the
right of two Senators who had va
Gated their seats by accepting com
missions in the army to vote in the
organization of the Senate and in
the joint convention. Ifthis were 3
question of fact as to the quaiifica
tion or election of these Senators, The.
United States Senate under the rule
in the Turple case would not take
jurisdiction of it. But it Is ques
ton of constitutional law, involving
the validity of the organization OF
the Senate, and under the rule in
the Du Pont and other cases the
United States Senate will take ju
risdiction of it.
The evidence taken shows con
clusively that the joint convection
was not held under private agree
ment made between Republican
members of the Senate and Demo
cratic members of the House. There
6as never been in the history of the
United States a Senator seated who
was elected under private agree.
ment.
The evidence shows conclusively
that the Republicans from the starr
instituted fraudulent contests for
the purpose of controlling the Leg
Islature, and that no such contests
were instituted by the Democrats,
although the Democrats were urged
to take this course. The evidence
shows that the Republicans at all
times had a majority in the State
Legislature, even with the Demo
cratic contests settled in favor of The
Democrats. They could at any time
without revolutionary tactics have
elected any Republican who could
keep his party in line. They could
not elect Mr. Scott without such
tactics because be could not control
the vote of his party. They there
fore made all arrangements to illeg-
ally eject all of the hold over Demo
cratic Senator'S and then to organize
a rump Legislature. 1t was this
condition that compelled the Demo
Gratis, who could not elect Demo.
cratic Senator. to consent to the
disfranchisementof one Senator and
one delegate in the joint convention
"The other point in the case upon
which we want ruling is that of
inhabitancy. Under the rule of thu.
Bailey case in the House nf Repre-
sentatives and Ames case in the
United States Senate, Mr.. Scott is
not entitled to seat in the Senate
because at the time of his election
he was an inhabitant of the District
of Columbia and not of the State in
which he was chosen.
"There is not case which ever
arose in the United States Senate
that was decided in favor of Mr..
Scott's contention as TO any one of
these points.
sour evidence is impregnable, the
authorities upon which we rely, fully
sustain our position, and we will 90
into the Senate with absolute con
fidence that that body will act fairly
and imra italy and that Mr. Scott
will not be allowed seat in the
upper branch of the Legislature.
The question of partisanship does
nj t enter into the matter at all
The Legislature of West Virginia is
Republican on joint ballot and the
State has a Republican governor.
If Senator Quay, of Pennsylvania. is
seated, Gov. Atkinson, OF West Vir-[
GINA, can appoint Mr.. Scott or some
other Republican to the United
States Senate. II Senator Quay is
not seated Gov. Atkinson can cal
the Republican Legislaturein special
session, and Mr.. Scott can be law
fully elected if he can control his
party vote, and if he cannot, some
o'her Republican will be elected -
fbe protest rises above partisanship
and is made for the purpose of re
huking fraud and coercion in the
lection of United States Senator.
1t is not directed at Mr.. Scott per
soually, but at the methods by
his managers achieved the declara
ticn that-he was elected, although
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