Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-04-12
VIEWS OF THE MINORITY.

~ 441 w ~ VI k4G A4&NOxb4 L
The remonstants in this case took g
large number of dispositions, on notice
to Mr. Scott of the time and place, and
these dispositions were offered to the
committee as evidence But these
dispositions were not taken under au-
thority of the committee, but were
taken as though there was a case pend
ing in court of the United States be-
tween parties. The committee rejected
the depositions
Then the remonstrants asked to have
the witnesses whose dispositions had
been taken summoned as witnesses, but
the committee refused this request, and
the case was tried on the journals OF
the two houses of the legislature OF
West Virginia and some arguments OF
counsel as to certain facts. Later your
attention will be called to part of the
said dispositions.
The facts, on the evidence by the
committee, are as follows:
On the 18th day of January, 1899, the
legislature of West Virginia assembled
and each house was organized.
In the Senate the Republicans had
two-thirds but two Republicans would
NV WIZ LII NIL ONOII. AC I1OuOC vi
Delegates was Democratic by a small
majority.
In the Senate objection was made to
ii. G. Getzendanner and E. G. Pierson
being admitted to seats as Senators on
the ground that each of them, after
election in November, 1896, and after
serving as Senators in 1897, had accept
ed commission as an officer in the
volunteer army of the United States
an Office of profit-and served as such
officers-one as captain and the other
as lieutenant. At first these objections
were laid on the table, and the two per-
sons objected to took their seats.
Afterwards the matter was referred
to committee, and the committee, in
substance found the facts as stated in
the objection to be true; but the COM
mittee further found that each one of
these army officers had been discharged
before the legislature met in January,
1899. Therefore the committee report
ed that said Getzendanner and Pierson
were still Senators; and this report
was adopted, by party vote, on the
Gath day of January, 1899. This ruling
was made, on a demand for the prey
tous question, and without any debate.
And on the same day (January "a,
1899 two petitions for contests of
seats in the Senate were presented to
the Senate as follows:
j. H. Collins, Republican, against J.
I'll. Marcum, Democrat, and d. M. Shir-
key, Republican, against Walter l..
Ashby, Democrat.
On January 90 1899, the following
resolution was offered by Mr. White:
AS there is contest pending in this
Senate against Walter L. Ashby, a
member of said Senate from the Ninth
Senatorial district: Therefore be it
Resolved, That said Walter L. Ashby
be suspended from voting or discussing
any matter that may come up before
this body until said contest is settled.
This resolution, under the rules, went
over And at the same time, January
20, 1899, Mr. White offered another
resolution in these words:
Resolved, That R. F. Kidd, from the
Fourth Senatorial district, now hold
ing seat in the Senate of the State of
West Virginia, was not duly elected on
the Sth day of January, 1898, but B.
M. Morris was duly elected; therefore,
be it
Resolved, That said X. f. Kidd Yacate
his seat in the Senate of West Virginia,
and NJ. B. Morris, of Gilmer county, be
required to be sworn in as a member
of said body. (66)
This is the first mention of the name
of NJ. B. Morris in the journal of the
Senate. This resolution also went
over, under the rules, for one day.
AS above shown, the petition of con-
test of ]. H. Collins against James H.
Marcum was presented to the Senate
on the Oath day of January, but it
was marked by the clerk Filled Janu-
airy 81, 1899, at SIS p. m"
On January q Mr.. Latham offered
the following:
Whereas, A contest has been institu-
ted by ]. H. Collins against James H.