Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-10-11
JUDGE JACKSON AND
THE ELECTION,
Charleston Daily Gazette.

All of the Democratic papers are
printing the charge of Judge John Jay
jackson to a Federal grand jury the
other day, in reference to corruption
In elections. Judge Jackson's court
has nothing whatever to do with the
elections in West Virginia. There is
no federal election law that we have
heard of; the right to vote is State
privilege, regulated by State laws and
controversies arising from elections
are submitted to the courts OF the
State. We do not believe tat an in
dictment could be made by a Federal
grand jury fer any violation OF cleo
ton laws.
If we are correct, and we think that
we are, Judge Jacksonis charge to his
grand jury is entirely gratuitous-Fa-
yette Journal
The editor of the Journal, who is a
candidate on the Republican ticket in
Fayette county, should not permit his
zeal for his own cause, nor his solici-
tude tor the success Of his party to lead
him into opposing the efforts of the
courts in behalf of honest elections,
nor to advise those who contemplate
the commission OF fraud in the election
that they have nothing to fear. The
Journal Is very mucn mistaken when
it assumes that the Federal court has
no authority to punish for offenses
committed in the election of Presiden-
tial electors and Congressman. Every
crime against an honest election COM
mitted this year applies to every can
didate on the ticket. The Journal may
rest assured that Judge Jackson knows
what he is talking about when he an
nounces that he will investigate frauds
in the election. He has not been on
the bench for thirty-five years with
out knowing something of the plain
duties of the court, and what its
jurisdiction is. But even If the court
had no jurisdiction, does the Journal
want to be understood as opposing the
attitude of a court in behalf OF an
honest election? Does it want the
above article construed as encouraging
the commission of crimes against an
honest ballot? 1t would seem so, else
it would not raise its voice against the
proposed action of court to inve2ti
gate such crimes, nor would 1t be
endeavoring to create the impression
that if such crimes are committed that
Judge Jackson's court cannot reach the
offenders. Of course 1t is understood
that the State authorities In Fayette
would not punish those whom they
have procured to commit the olenses.
The only hope of an honest people is
that Judge Jackson viii. take the mat
ter up in a vigorous way and he has
said that he will.
/ The conditions in Fayette county
are ripe for fraud if it is not frustra-
ted. The legal vote OF that county is
much less this year than usual by rea
son of the fact that a large number
of the miners left within the last year,
and those who have taken their places
are not legal voters. A careful investi-
cation has shown that there are over
! 1,500 men In Fayette who are not vot-
ers, though the Republicans are ex-
pecting that they will vote. The men
are known, identified AMI located
They will be watched, and IL there is a
move to have them vote, Judge Jack
sons court will have work for the
winter These illegal voters will be
promised immunity from the law by
local authorities, just as was promised
illegal voters in the late Republican
primary in that county. 1t Is known,
and the evidence of the fact has been
taken to prove that in lie primary
men who were not legal voters were
induced to vote on the promise that
the Fayette authorities would not
prosecute them. But Fayette ringsters
cannot promise that Judge Jackson will
not punish every case OF fraud and
crime in the election which is proven
| in his court. And when the Journal
| is advising that Judge Jacksons warn
ling be ignored, and encourages the
commission of fraud and illegal vet
| ing in the election on the representa-
ton that Judge Jackson has no juris-
Idiction to try charges of fraud and IL
| legal voting in this election, 1t is not
only laying the foundations for get
ting others into serious trouble, but
comes very nearly, if not quite laying
itself liable to a rule for contempt OF
court, and to prosecution for prccur-
ing the commission OF crime.