The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-12-16

pfote9tantB IN their tourth opJectons
And as stated by the learned chairman
In the case Of David Turpie (page e25,
Sen0te election cases), without any dis
sent from any Of its distinguished mem-
bers, 1--WE cannot inquire into the mo-
tives which control It's Judgment"
The language Of the 18th section, Title
2, Chapter /, OF the revised statutes OF
1.-THE United States, clearly provides
what shnll constitute n majority in the
election OF q senator, either by the
houses, when voting separately, or
when acting as joint assembly. In
the first case It provides that the one
"Who receives the majority OF the
whole number Of votes cast in each
house." assuming. Of course, that each
lh0use Is organized In accordance with
the provisions Of the statute Of the
state under which It has assembled, but
if no election has taken place by the
isepsrate action OF each house, the act
OF July Is. 1855, provides, ''the Joint as
sembIy shall then proceed to choose by
a Vive voce vote Of each member pres
ent, q person for senator, and the per-
son who receives the majority Of all
the votes OF the Joint assembly, ma
iority of all the members elected TO
both houses being present and voting,
shall be declared duly elected"
We understand this statute to mean,
first, that 10 constitute q quorum Of the
joint assembly. there must be present
and voting majority Of all the mem
bers elected to both houses, In the
judgment OF the two houses on the date
OF this Joint convention, rttnety-hve
members Of the legislature had been
duly elected and qualified to participate
in it's proceedings. Second, that when
the Joint assembly has a quorum pro-
lVided by the statute for the transaction
Of business, to wit. majority of all the
members of both houses, that the per-
son who received majority OF all the
j votes OF the joint assembly shall be
declared duly elected. Mr.. Scott re-
ceived forty-eight votes, which was
clear majority Of those entitled to par
ttlcipate as members OF the legislature
in the proceedings Of the joint assem-
bly,.
This view is fully sustained In the
case OF Bright and Fitch (senate elec-
tlon cnses, 14s), also in the case OF
I Ransom VS.. Abbott, pages 307 and S1l,
senate election cases.
"The third ground alleged is that
these was not majority Of the whole
legislature actually voting for the
members chosen, In our opinion that
Is not necessary. There was quorum
OF each house present in the Joint as
sembly: there was majority OF that
quorum actually voting for the mem
bers chosen. IN our opinion that was
valid election"
In the case OF Senator Scott major
ity OF all the members elected and quail
IItied, according to the Judgment OF both
houses, cast their votes for him.
In the cnse OF Clark and Maginnis
VS.. Sanders and Power, the learned
chairman of the committee in making
the report, uses this expression (pnge
637, senate election cases.:
"The majority Of persons having the
right to seats in the house Of represent
tatiVes have a right to organize that
house and to transact all Its lawful
business, including the enactment Of
laws and the election OF senators"
And further on in the report he lays
down this principle: That when the
question Of membership in the leElBln-
ture Is to be proved to the senate, there
are but one OF two ways in which 1t can
be done:
zone is the possession Of lawful cre-
dentinls. The other is the judgment of
the house itself, not only the final, but
the sole Judge OF the elections, quaiih-
cations, and returns OF Its members"
We think the facts and authorities re-
ferrgd to. fully sustained and Justified
the president Of the joint assembly in
declaring that the Hon. N. B. Scott,
having received fOrty-cight votes, n
majority of all the votes cast in the
Joint assembly, and of all the members
OF the legislature OF West Virginia, who
at that time were duly elected and
qualified as members OF their respec-
tive houses, being present and voting
had been duly chosen II senator to rep
resent the state OF West Virginia IN the
senate OF the United States.
Two of the signatures 70 the protest,
out OF the forty-nlne claiming to be
members OF the legislature, were not,
on the 2bth day Of January 1899, the
date OF the election OF Hon. N. B.
Scott, members of either house Of the
Legislature Of West Virginia, as shown
by the journals hereinbefore set forth,
nor were they at that time entitled TO
participate in the proceedings OF the
Joint assembly.
The other objections alleged to the
right of Senator Scott to his seat rests
upon rumors. assertions Of Individual
members and others. of what would be
the probable action Of one house II the
other did not comply with certain con-
ditions, will, II the occasion ever de-
mands IT, be fully met and completely
loverthrown.
We do not, however conceive that
such a subject can be made the basis OF
the objection TO the right OF senator
to his seat. 1t is not alleged that any
Improper or undue influence was exert
ed upon any senator or representative
| through which he was induced to vote
for Senator Scott. nor is there any at
tempt by this protest to show that. by
reason OF any statement contained in
1t, the results Of the election for sena-
tor could have been affected,
We feel confident that the senate VIII
not, under the numerous precedents 1t
has established, begin nt this late day
in Its history ia exercise the right Of an
appellate tribunal TO review the formal
proceedings OF II legally organized leg
islature OF n state. and reverse Its ac-
tfon, taken by virtue OF authority con-
ferred upon Il by the constitution of the
state, and to determine for the legIsla-
ture OF West VlrRinin. who constituted
the membership OF the respective
houses Of said legislature which elect
ed Hon. N. Il. Scott on the 2bth day of
January, 1899; nor do we believe, that
where the action OF the legislature is
within It's Jurisdiction, that the senate
OF the United States Will inquire into or
permit any investigation OF the mo-
tlVes which Influenced and directed the
action OF its members as to matter
clearly within the exercise Of their leg
Islative power.