Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-05-04

| to the present time, or did he merely
make an assertion and then dodge be-
hind the suppressed evidence? He
must have overlooked the protest of
a majority of the Legislature, which
was surely based upon something.
In his address before the Senate last
week Mr.. Pettus, of Alabama, who
! championed the case of Mr.. McGraw,
said early in his remarks:
! The Senator in charge. Of the report in
! this case is learned and careful lawyer,
| OF laige experience ana most gracious
| manner; anu il is d real pleasure 10 hear
| him argue a Jaw case, lor ne has clear
| perceptions aud al, evident intention TO
But in his opening he took me to task
for commenting on certain dispositions,
which the con.aittee had refused 10 ac-
cept as evidence. In so calling me 10 ac-
count, the senator tailed To remember
that in his report lie haa quoted from one
Vi llIe ely same reJeeleu depoSItions an
entire answer oI Mar. Jona W. Davis, anu
pased hucn OF his argument on that uepo-
sltion alone.
from Maryland has no right TO use the re-
Jected ueposltlons TO prove his PROPOSE
lions, because he. with a majority, reJect-
ed the dispositions, L nave "a right 10 Use
these depJsltionS, not TO prove the IaclS
therein Seated, but 10 prove that the COM
mitLee ought to nave allowed witnesses
10 De eXaIAlnea but refused 10 do so, ana
TO prove Lnat this case has not been funny
OF lalrly lnyesIiS atea. lnese uepoSitioIiS
were taken accOfulng to the rules govern
ing the taxing OF oepositiohs IN the Unated
States courts where lnere are parties ~ Il
Sull-,hat Is, notice was served on MI.
scott that certain named witnesses wouId
DC examined at ii certain time and place
before a certain officer.
But Mr.. Scott dlu not attend. So the
nat Z fnn fh.
Tor want of notice, put on the ground that
the ueposlUions were not taken under the
authority OIL the senate OF Its committee.
4hea the contestants asked 10 nave me
same Witnesses examined before the com
miJtee, and that was refused. Then me
contestants asked TO be allowed to retake
the depoSlIIonS, and tnat was refused. 80
cVntes ednts were Denied the privilege Oh
producing any testimony except tnat
wh4cn The counsel Ga Mr. Scott consented
TO admit.
''And now, Senators, one OF the ques-
tfols you are TO decide IS whether this
great cause ought not To be fuzzy anu fair
~ Investigated on all such legal evidence
as may he offered by either size. 40 not
pretend mat have right TO use them To
establish the facts stated in the deposit
tons, but have right to use them 10
show to the senate tnat this cause has
never been fuzzy or fairly nvesusated
Mr.. President, L look pans TO write
that much Oh what had 10 say. because
wanted to limit every word l said TO the
exact truth, and l do not want 20 make
Now, Mr.. PRESIDENT let US examine
this case nrst ON Ine little evidence winch
has been allowed 10 be put in the cause
You ought to know, Senator'S that tbs
case does not come before you in an orui-
nary way. I does not come before you
on the application OF a man who claims
to have been elected to this seat. 1t comes
before you on the protest OF a majority OF
the members when this election was de-
clared to have taken place.
So it is not one man seeking an Office
which another man hOloS, Ii IS state
protesting against the wrong that mas
been done to IT by this election.
That states the case fairly and ac-
curately as to the methods employed
to confirm Mr.. Scott in his seat. A
full and fair investigation of the mat
ter was never had except so far as
made by Mr.. McGraw, and his evil
dence, not contradicted as to fact, was
simply ignored. The protest of one
man, made in the name of the people
and for their benefit and In aid OF the
large cause of justice and right, was
set aside almost contemptuously, and
Mr.. Scott thus became a victor.
Later on in his address Senator Pet
tus said, after recounting facts not per-
mitted to reach the Committee:
'On the Path day of January, when the
vote FOR United States Senator was taken
IN each House separately, there were
pending contests IN the Senate and in
The House. There was the case OF Bro
hard VS.. Dent. which was a contest pend
ing IN the House, that was disposed OF in
the manner l shall speak of hereafter.
After this vote, which was taken on
the Z4th day OF January 1t was demon
strated that ii Mr. Scott could get one
! more vote he could be declared elected.
lie got Morris's vote but he had to get
another vote, or he had to increase mis-
proportion OF the vote. He had to have
get It. There are some very smart peo-
pie in West Virginia. They went TO bar
gaining Those who framed the bargain
are not very plainly seen. Oh, you cannot
see mem IN the WINDOW II you will look
out. They do not stand in front. They
40 not 40 the negotiating: The subalterns
nave to do that. Then after the first vote
Tor nlted states Senator five Democrats
OF the House and t1Ve Republicans OF the
senate made a written agreement as to
! now the election should be conducted, ana
That agreement Is copied into the major
Ivy report, and propose to read the whole
OF 1t. That Is another thing that Senator
SCOTS counsel graciously and indulgeltly
allowed the committee to receive as evf-
dence so | am not going out of the rec
ord. as my friend the Senator from Mary
land accused me. yesterday. Here is the
agreement made by the five Democrats in
! the House and live Republicans in the
senate, and IL made ii a mathematical
| certainty that Mir. Scott would be counted
IN the next day, and you can see IL on its
| face:
10 the Republican Senator's
Ant those very words used at the top
make the fraud manifest, as | shall pro-
coed to show hereafter If | get a chance.
Gentlemen: In order to bring about
a. peaceful and orderly settlement of the
! differences now existing between the two
| Houses of the West Virginia Legislature
We submit 10 you the following PROPOSE
/ lions. viz:
20 The election and qualification of
! the member OF the House of Delegates
! from Taylor county
| Tint Is Brohard against Dent
| 20 be heard and rr,ed upon its mer-
! '(9) The election and qualification of
! Il senator from the Fourth Senatorial dis
/ lriet TO be heard and tried upon its mer-
! it's
! .Thit is Kidd and Morris.
| 81 These TWO cases TO be finally vot-
ca ISl upon IN sac, sach house on the 9TH day of
Just about twelve or fourteen days af-
/ ter the election
| After two o'clock p. m. on that day
! 1t was very precise
/ evidence pertinent up and until noon of
| February 6, 1899, when the taking OF evil
! dence shall be closed
| 1t never commenced after that.
| "a All contests and controversies as
| "a the membership of each house other
! ed, and no further contests or controver-
| sizes respecting the membership therein
! to be brought or entertained by either
| house.
90 Pending the investigation herein
above referred to, neither Dent
! Tho SitttQG member