Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1900-01-18
M'GRAW VS. SCOTT.
Contested Case will Soon Come
up for Settlement
Both Sides are Prepared for Hot
Fight-A New Brief Has Been Sub
mitted by ncGraw's attorneys--The
Main Points of The New Paper.

The following interesting article in
relation to the contest now pending
over the seat of Senator Scott of this
state has been sent cut from Wash
ingten:
Although the senate committee on
privileges and elections is still hear
ing arguments and taking testimony
in the contested election case OF Sen
ator Clark of Montana, it is not
thought probable that this case will
consume very much more of the time
of the committee, ana it will then
consider the case of McGraw VS. Scott.
Within the last few days great deal
Of interest has been aroused in this
contest, more than was anticipated at
the beginning. 1t was thought that
the senate having majority Of Nc
kinley followers, would not pay any
attention TO the protest of McGraw.
But within the last week or so and
especially since the senate committee
has been engaged On the cases OF Sem
ators Quay and Clark the spark of in-
terest which was at first started has
and the members of the senate are
taking keen interest in the West
Virginia contest. The attorneys for
both Senator Scott and Mr.. McGraw
have sent copies of the briefs which
they have prepared for their clients TO
every member of the senate, who will
be given an opportunity OF studying
the case in all its phases before they
are called upon to express their opin-
ion on the subject. Although the
friends of Col. McGraw now in Wash
ington say that If he is given fair
showing before the committee that
Senator Scott will not be allowed TO
hold his seat in the Senate, the fol-
lowers of the latter say that there is
no clear case against him, and that
the senate will recognize this fact
when it is called upon TO decide the
matter. Messrs. Welles, Bennett and
Welles, of counsel for Colonel Nc
Graw, are busily engaged now in pre-
pairing an additional brief TO the one
which they have already filed with
the committee, which will be an an
swer to the one recently submitted by
ex-senator Faulkner OF counsel for
Senator Scott. This new brief will
contain additional evidence which
Colonel McGraw's counsel has secured
in West Virginia touching upon the
acts of the legislature and they are
confident that if their case is decided
strictly upon non-partisan point of
view, Senator Scott will be compelled
to relinquish the seat he at present
occupies.
In view Of the fact that the case
will soon come before the senate it
may be well here TO reprint the mem
orial as filed by Colonel McGraw which
was presented to the senate by Sena-
tor Jones of Arkansas. The memo
rial dated Grafton; February %, 1899
reads as follows:
To the Senate of the United States:
The undersigned, John T. McGraw
a citizen and resident Of West Vir-
ginia, residing at Grafton in said
state respectfully protests against the
seating of Hon. Nathan b. Scott as
senator of the United States from the
state of West Virginia and, as the
grounds of his protest assigns the
following:
/. Notwithstanding the declara-
ton Of his election by the president
of the joint convention OF the legisla-
ture of West Virginia made on the
25th day of January 1899, the said
Nathan B. Scott did not receive ma
iority of the votes constituting such
Joint convention. There were in said
body 81 votes majority OF which was
40 and the said Scott received but AS.
2. OF the As votes so received by
him were the votes of Senators Get
zendanner and Pierson cast and re-
ceiyed against protest spread upon
the journal Of the joint convention,
and showing that both the said Get
zendanner and the said Pierson had
under the provisions Of section 10 of
article 6 Of the constitution Of West
Virginia, forfeited their seats as sena-
tors in the legislature Of West Vir-
ginia by the acceptance OF lucrative
offices under the federal government
and likewise their right to vote in said
joint convention.
3. The vote received by the said
Scott was brought about by reason Of
threats and intimidation upon the
part of the republicans in the senate,
who threatened to throw out Illegally
and without cause, seven senators duly
elected by the people, unless the dem
ocrats of the house should accede to
their demands. By reason of these
threats and for that reason only, and
in consequence Of a partial carrying
out of the same by the upseating OF
r. f. Kidd a senator from the Fourth
senatorial district in order to prevent
the disfranchisement Of these senate
rial districts the democrats went un-
der duress, into the joint conventions.
A. The joint convention by the ac-
tion OF which it Is claimed that the
said Scott was elected, was not held
under the law, but under private