Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1900-10-13

dispute, and found Via elected by 4
votes. and annuIled Lagan's certifi-
cate and ordered the certificate TO
issue to Via. From this decision of
the circsit court, Logans attorneys
took writ o. error to the supreme
| court Of appeals. The attorneys for
| Via asked an immediate hearing be-
fore the supreme court, but the Dem
ocrats objected; and the court by a
vote of 2 to 2 decided that an imme.
date hearing could not be had if one
side objected The ease has never
been heard, and the confidence of the
! Democratic leaders in its Justice is
evidenced by the fact that they have
1eyer vet had the record printed
! they have, however, printed a good
deal Of stuff about "trampling of the
law and the constitution under foot. ;"
/ Of course, the Democratic house Of
| elected, and gave his seat to Logan,
! who was not elected, because this
VAS part of the conspiracy of the
Democratic leaders to steal the Leg
stature Of 1899. The Republicans OF
Monroe county have again made Mr..
Via their candidate for house of del
| egass, but the Democrats of that
county did not dare to renominate
Mr.. Logan.
The case of Mr.. Brohard, from
Taylor county, forms one of the
BLACKLIST transactions in our political
history. On the face of the returns
he had 81 majority. Upon pretend
ed recount this majority was wiped
out, and majority of 32 found for
w. Il. ID. Dent, his Democratic COM
petitor. There is overwhelming
proof that this change was effected
by felonious alteration of the bal
lots between the date of their return
to the county clerks office, and the
FibIe pencil, with purple blush
| tint" in the hands of criminal. This
the county court, of whom there
were but two, there being vacancy,
that they failed to agree upon the is
ksuance of certificate of election.
The Democratic member gave Dent
certificate and the Republican
member gave Brohard a certificate,
both of which were sent to the Sec
rotary of state, whose duty it was to
make up and deliver the roll of the
members-elect of the house of dele
gates.
Before the Legislature convened,
Dent applied to the supreme court of
appeals of this state for an alterna-
tive writ of mandamus to compel the
Republican member of the county
court to sign his certificate. This
writ was awarded and required the
Republican member either TO sign il
or show a sufficient reason for not
doing so. Instead of signing it, he
Aled a return to the writ, in which
he set out all the facts, leaving if
to the court to determine whether he
he should sign it or not. Brohard
INTERVIEWED and filed a return also
Upon the hearing of the case the
court decided that Dent was not en-
titled to have the signature of
Means, the Republican member of the
court, upon his certificate and dis
missed the alternative writ, and said
in its decision that the evidence sin
ste@d Of emitting Dent to the certificate,
tooHid gipe it 10 BrOhdrd."
But there was no recount in Tay-
lor county by the county court. Upon
canvass of the returns it was found
that Brohard had 81 majority This
record was signed by both members
of the court. A recount was then de-
manded by Dent. 1t was started.
but was never finished The Repub-
lican member became i'll and unable
to attend, but the Democratic mem
Der went ahead and finished it to his
satisfaction, signed the record, and
took a train to Ohio, beyond the
reach of the processes OF the courts
Of this state, and remained outside
Of the state for nearly TWO Months.
The other member refused to sign
the record, and refused to sign Dents
certificate, and this refusal was sus-
tanned by the supreme court. But
upon the organization of the house
the Democratic majority of that
body being determined to unseat
enough Republicans and seat Demo
Gratis in their places in that body 10