The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-11-16
GOVERNOR ATKINSON


Talks on Mceraw's EHorts to Gust
Senator Scott from His seat in the
Senate Says It Cannot BE Done.
WASHINGTON, Nov. Is. Governor
Atkinson, OF West Virginia, who passed
through Warrington to-day, expressed
himself as confident that Col. John 7.
McGraw would fail In his efforts to
have the election Of Senator Scott, OF
west Virginia. vacated by the senate.
sAlr. McGraw," said the governor, ''has
no case whatever. He makes no claim
he was elected. but merely that Senator
Scott was not elected. as he did mot re-
celve the votes Of a majority Of the
members elected to the legislature. On
TIE other hand, Senator Scott received
the votes OF majority of the members
present and voting, receiving forty
eight votes to forty-slx for McGraw.
two members not voting, ! gave Mr..
scott his certificate of election, he is
-entolled as a senator. and IS drawing
pay as senator.
"In considering questions affecting the
election or eligibility OF senators the
senate sits In a judicial, not legisla-
tive capacity, and must have what the
lawyers call a Joined issue before 1t
can proceed. There is no Joined issue
In this case, and the senate cannot con-
slider a hypothetical case any more than
court could. II Mr.. McGraw claimed
he had been elected, or that there was
fraud or bribery in Senator SCOTS elee-
ton, then the senate would have some
thing to go on. but where he merely
claims the senator was not legally
elected, when he has the certificate and
ali the legal forms have been properly
complied with, he has no case and Will
have no standing before the senate.
His taking of testimony was an entirely
unwarranted proceeding, as It was not
done by the direction of the senate. and
will not be considered by the senate.
In fact Mr.. McGraw has no more right
to question the legality Of Senator
SCOTS election than any other private
citizen would the legality Of the cleo
ton Of any member of the senate.
While he may continue his efforts to
have the senate take up the matter, 1
am sure they will fail, and the case Will
never be considered by the senate"
Governor Atkinson naturally thinks
that West Virginia Is the finest state in
the Union, and he gave some facts
which have come under his personal
observation to prove his assertion to this
effect: "west Virginia." he said, "is
forging ahead more rapidly than any
other state in the Union. We are min
ing more coal than any other state with
the exception of Pennsylvania, and we
could dispose Of at least one-thIrd more
than we are now mining II the railroads
could haul 1t away fast enough. But
they cannot get the cars, and although
they have their orders In and are doing
ali they can to secure the cars they are
far behind the demand. We are build
ing more railroads than any other state.
We have FIVE or six now in course OF
construction and twenty or twenty-five
more to be built next year. These
roads will further develop the coal re-
gion and viii open up our iron fields.
Our population is rapidly increasing.
and outside capital is pouring into the
state. This is specially true of Penn
sylvanla men and capital. asked half
a dozen of them who had Just invested
largely in our enterprises. why they
were turning their attention from Penn
sylvanIa to West Virginia. Because
we consider West Virginia is more
promising state at present. was their
reply. Many iron men and coal men
from Pennsylvania have bought large
tracts Of West Virginia mining proper
ty recently. which they intend to de-
velop, and are building railroads to
open up this part Of the country"