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

When the senate finds such a body
duly organized IN both branches, cap
able Of enacdng laws and recognized
as such In the state and by the other
departments, further inquiry Is useless
and inappropriate. The body author
ICED to choose senator Is found. The
senate cannot in such a case make In
quisitions as to the title Of the sitting
members Of such body In order to
lnvalididate Its legal character or I'M
plnge In the slightest degree on the ex-
elusive right OF each branch to judge
OF the elections and qualifications OF It's
own members"
The only exception to this doctrine,
found in any Of the reported cases in
the senate. are In those cases where
there are two bodies claiming to be the
legislature Of the state, and this propo-
sltiOn Is further limited by the prin-
clple that. II both houses had d quorum
outside Of the disputed membership.
the senate would be concluded from any
attempt at further iuquiaition.
There will be no question raised that
both branches OF the legislature Of
West Virginia, which met and organ
lied In January, 1899, and which elected
Senator Scott, had q quorum OF mem-
bers whose seats were unQuesdoned;
that both houses transacted all busi-
ness incident to the exercise OF legislas
tive power: that both were recognized
as the legally constituted senate ana
house Of representatives by all the
other branches Of the state govern
ment: that, as shown by the proceed
inRs herelnbefore mentioned, the ques-
ton Of the right Of these two senators
to act under the provisions OF said con-
stitution was formally submitted to the
regular committee OF the senate, who
reported upon their right: that as mem-
bers they were entitled to participate
In Its proceedings: that the report was
adopted by q large majority Of the sem
ate which under the constitution OF
the state of West Virglnia, article 8,
section "a, Is made the Judge Of the
elections, returns and qualifications OF
It's own members"
The above propositions have been
suspended,
In the case of David TurpIe Csenate
election cases. $3.50, It was unanimously
held:
1--WE also think that the judgment OF
the senate OF Indiana, as to the title
Of Messrs. Branailan ana McDonalo.
the two members in question, to their
seats. Is binding upon the senate OF
the United States. Ihe
senate OF Indiana Is likewise the Judge
OF the election, qualifications and re-
turns of its own members. we must
determine all questions arising out OF
the proceeding of the electors, But
who sustain the character Of electors
is to be determined by the legislative
body Of the state. We cannot Inquire
into the motive which controlled its
Judgment. In rendering that Judgment
whether 1t shall give n hearing TO par
ties. permit debate. examine witnesses,
act upon evidence or without evidence,
are matters within Its own discretion.
The view OF the senate was empha-
sized in the case OF Fitch and Bright,
VIXEN 1t, without division. agred 70 tne
following amendment submitted ny Mr'
Toombs. to the resolution OF lnslT1cs
tIons to the committee: And PROVIDED
fiat no testimony shall be taken under
this resolution in relation to the Quah-
fications, election or return OF any
member OF the Indiana legislature.
There will not be found in the con-
tests passed upon by the senate any
conflict with the above c0ses' sustain
ing the principles herein announced as
a6judIcated by that body.
That the vote Of forty-eight members
received by Senator Scott, In the joint
assembly on the 95th day OF January,
1883, (page liz, Senate Journat, dtd n0s
authorize or justify the presiding olnH
Ger in declaring "that Nathan b. SCOTT,
having received majority OF NJ ny Ltie
votes cast by both branches OF the
IerisInture. voting In Joint assembly,
that he Is duly elected senator in the
Congress of the United States for the
state OF West Virginia, for the term o.
sd. vsnrS hnEinnlnE on the 4th day OF
March next"
shows: s'WhOle number OF senator's
present and voting. 25, Nathan D.
Scott received Il votes. John 7. NC
Grnw received votes.
Whole number of delegates present
and voting, 10, Nathan B. Scott re"
ceiyed 81 votes: John 7. McGraw re.
ceived IS votes; Nathan Con received
vote.
whole number of votes cast in joint
assembly. 95. ..h
Nathan 3. Scott received IS votes, John
T. McGraw received 46. ana Nathah
Con- received ] vote.
The brief then recites the contested
e,octIon cases in the senate Of Morris
Va. Kidd: also the ConteAted etectton
cnses in the house, nll OF which are
familiar to your readers. The briet
then continues:
The jolnt convention, at which Sena-
tor Scott was elected, was held on the
gsth Of January, 1899. BY n resolution
ndopted on the Esd Of January 1889
Morris was given the seat formerly oc.
c,pIed by Kidd, and the Senate journal
shows that he was recognized as q
senator and voted on all questions until
January 25. when the resolution toun1
on mage 10s OF the Journal OF the sen
ate, was passed providing "tnat pehG-
ing the determination OF such contesI:
neither the said Morris nor the sara
Kidd shall be entitled 10 vote or sit as
a member OF this body.
In the case Of BFohard. from Taylor
county, the Journal OF the house shows
that ne was recognized as a member
fron, the opening Of that body to the
i6th Of January 1899, when the resolu-
lion reportei by the majority of tine
S,Ih.ronmittee on privileges and cleo
uons was adopted which provided,
"that pendIng such investigation and
determination Of the title to the SAID
sent neither Humphrey r., Brohard nor
". r., d. Dent be permitted to .partlc..
mate in the proceedings Of this house;
From that time to the date Of the ad-
mission Of Dent and his qualification on
Inc iIth Of February, 1899, neither bro-
hard nor Dent were recognized as men-
bers entitled to participate In the pro-
ceedlngs OF the house. ,.
ker from the journals OF the senate
md house OF delegates, It is clearly
manifest, that, in the judgment Of those
two bodies, there was, on the e5th day
Of January, 1892, when Senator Scott
wns elected n senator to represent the
stoIe OF West Virginia In the United