The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-03-22


liar case came to a like eonclusion with
the senate Of West Virginia. James II.
Lane was elected senator from Kan
sas In April, 1861, and took his seat July
4. 1861 II appears that on lune-2Q, 1851,
President Lincoln appointed mgi Df1glle
der general Of volunteers; that he Gcs
cepted the appointment and qnGlltleq
to perform lie duties, but had resigned
the ONCE. The governor Of Kansas APP
pointed Frederic P. Stanton 70 M the
vacancy. but on January 10. 1862, the
senate voted that Lane was entitled %
some held that the office Of brigadler
general aid not exist on June 20. 1851;
others that, although Lane held the Of
fee after he had been elected senator,
yet, having resigned the same before
taking his seat IN the senate, he did not
come within the constitutional provls-
ion (artiele /. section %. It profits nttle
here to discuss the reasons or motives OF
state senators Of the senate.
It Is well said In David Turpie's case
Csenate election cases, e25), that
'sThe body 8 made by the constitution
the fudge Of the election, qualifications
and returns Of It's members. The sem
ate Of Indiana 10 likewise the judge OF
the election, qualifications ana returns
OF its own members. We must deter
mine all questions arising out OF the
proceedings OF the electors. But VINO
sustain the character OF electors y 20
he determined by the legislative BODY
OF the state. We cannot Inquire into the
motive which controlled It's Judgment :
The third and fourth objections OF
John T. McGraw, remonstrant, may Be
considered rs two parts OF the same
ground OF objection. It ls charged that
Republican senators in the state senate
threatened to unseat unlegally certain
Democratic senators unless the house
aeceded to demands (not stated, and
did unseat r. F. Kidd, Democratic
senator, in partial execution Of these
threats; that thereby the Democratic
members went into joint convention
under duresB; that this Joint eonVen-
ton was not held under the law, but
under a private agreement between the
members of the two houses, ratihed py
both houses: that this agreement was
void as nRaInst public policy and VIII
ated the election OF Senator Scott. That
the effect OF this agreement was to dis
franchise one Democratic senator and
one Democratic member Of the house
OF delegates, who. had they been per-
mitted TO cast their votes In the joint
convention, would have voted against
Mr.. Scott.
It does not appear from the journal
OF the Joint convention that the alleged
Democratic senator Kidd and the al
legged Democratic delegate Dent were
present or offered to vote In the Joint
convention. Their names were not call.
ed. II present, as stated In brief and
argument. they appear to have ac-
duIesced. to have waived their alleged
right a. representatives.
II does appear that the state eenate
had a Republican majority and the
house Of delegates had Democratic
maiOrity, and that when the Joint con
VentiOn met that body was comprised Of
forty.nIne Republicans and forty-EiN
Democrats. All OF the latter voted Tor
MT. McGraw; all save one Of the Re
publlcang, who voted for Judge Gon'
voted for Mr.. Scott, giving him one ma
iorlty. as stated.
II was conceded In briefs Of counsel
and in their oral arguments that there
was excitement and much activity, rs
ig not unusual IN legislative bodies IN
like situations. and that there were
contests aGnlnst sitting members from
political motives. One Democrat IN
the senate, Kidd. had been unseated,
and q Republican, Morris, seated In
his place. One sitting Republican In
the house, Via. had been ungeated and
n Democrat Logan, had been seated in
his place. Another sitting Republican,
Brohard. OF Taylor county, had been
excluded from participation In the
proceedings Of the house on january
i6. and on January 20 the COMMITTEES
had reported that Dent was entitled to
A.. NYoft1amts RfNA liant MIR TlTn-
hard had voted that day for senator In
either house. ballotlng separately, nor
had either offered 10 vote. IN the sen-
ate Morris was present and voted for
Scott
As the Joint convention was 10 as
semble ut noon on the following day, II
would appear difficult to unseat Bro
hard and seat Dent earlier the next
At this iuneturc the Republicans
would have had in Joint convention
fifty votes and the Democrats would
have had forty-slx had the Joint con-
vention met without further action in
either house.
As n result of conferences among nd
herents OF the two parties, i've Demo-
cratic members OF the house, including
Mr.. Mckinney, the speaker, and MT.
Davis. the leader Of his party, signed
the following proposal which was
thereafter presented to and signed by
1--WE Republican senators, including Mr.
Marshall. the president Of the senate
This proposal, which purportn to have
been made by Democrats and accepted
by Republicans, Is as follows:
To the Republican Senators;
GENrLEMEN:-In order to bring