Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-12-05

HOWEVER, SURELY GET A
HEARING BEFORE THE PROPER
SENATE COMMITTEE AND IT is
A MATTER YET TO BE DETER
MINED WHETHER OR NOT HE
WILL BE PERMITTED TO RE-
TAIN HIS SEAT-SCOTT GOT A
SEAT NEAR THE WALL, NOT A
PARTICULARLY DESIRABLE
OVERWHELMING AND WEST
VIRGINIA PEOPLE ATTENDING
THE OPENING.
Special to the Register.
WASHINGTON. D. c., December A.
Nathan B. Scott was to-day sworn in
as Senator from West Virginia, to sue
coed Charles J. Faulkner. No objec-
ton was raised on the Democratic side
nor was any other action taken in the
matter of the protest of John T. Nc
Graw, against Scott. u
This course was decided upon after
conferences between McGraw and his
attorneys and several leading Demo-
cratic Senators, who advised that the
wiser course would be to allow Scott
to be sworn in, and to secure consid-
Grafton of the protest by resolution af-
forwards.
An effort has been made by SCOTS
friends, headed by Senator Elkins, to
give a partisan aspect to the case by
a threat to object to the swearing in OF
Senator Clark, of Montana, Democrat
against whom charges are pending, if
objection was made to the swearing in
of Scott. For this reason, it was agreed
that no objection should be made to
the taking Of the oath by either Sena-
tor, both of whom are now defacto
members of the Senate
But the mere fact that Senator Scott
has taken the oath of Office does not
in any way affect the McGraw protest,
nor does it settle the question as to
the validity of SCOTS election. All
this remains to be determined, and Nc
Graw and his attorneys are confident
that they will obtain a hearing before
the Senate Committee on Privileges
and Elections, and that if they do, they
viii convince the members of that COM
mittee that Scott should be unseated.
Scott's friends will doubtless attempt
TO covey the impression that the mere
ceremony of taking the oath ends the
contest. 1t is really but the beginning.
The Senate could not very well refuse
Scott admission to the Senate chamber,
inasmuch as he is in possession of le-
gal credentials, but the Senate can and
undoubtedly will inquire into the val
idity of his election, and has full power
to declare SCOTS seat vacant on a
proper showing of the reasons for so
doing.
Judge John Brannon has submitted
and able brief in the McGraw protest
case. 1t is devoted entirely to a con-
sideration of the eligibility of Pierson
and Getzendanner, the so-called war
Senators, who, in Judge Brannon's
opinion, had no more right to vote for
Scott than had the inhabitants of Bor-
neo. He maintains that these two
Senators ipso facto vacated their re-
spective Offices of State Senator's by ac-
cepting commissions in the volunteer
army.
mo exingency of political conditions
could have justified the permission of
Getzendanner and Person." says the
Judge, ito resume their seats in the
Senate, or could have justified and
sanctioned the means and methods en-
ployed to elect Scott
Senator Scott was given a seat on the
Republican side to the left of the Vice
President, the last in the third row,
the one formerly occupied by Senator
Mcbride, of Oregon. 1t is next to the
wall, and is not a very desirable one.
Senator Elkins retains his old seat
in the second row, but two seats TO
SCOTS left and in front of him.
The death of President Hobart
cast pail over the preliminary pro
ceedings in the Senate.
As usual on the opening days of a
session of Congress. the chamber was
a veritable conservatory. The odor of
the rarest and loveIest OF blooming
plants was heavy on the air. Scarcely
a single Senator was forgotten in the
lavish floral display and particularly
notable was the offerings of flowers to
the new members of the body. The
desks to which they had been assigned
were loaded with the choicest selections
from the public and private conserya-
tories of the city.
Promptly at u o'clock noon, Mr.
Frye, of Maine, president pro TEN call
ed the Senate to order.
Mr.. Penrose (Penna.) presented the
credentials of Matthew Stanley Quay,
appointed Senator from Penna. by the