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

port or the beLbk9 SSAAAA'''S
ileFe and elections with regard % me
DrslS.t 81 John T. McaFaW againat me
5satine Of senator n. B, Scott, which
va snbm4tted to the senate yesterday,
is.an interesting document and VIII be
cead With interest by West Virgiuians.
Il is as follows:
The committee onpFiviieges ana cleo
lions. to whom was referred 3 certain
memorial q John T. McGraw, a citizen
Of west virginia, and certain memoir
4ai az John ]. CornWell and others, each
memorial protesting against the seat
tne OF Hon. N. B. Scott as senator
rom ttSt state, have considered the
sans ana Re especially report;
iPhe certfaeato Of the governor Of
We-t Virginia, in due form. Of tho cleo
tion Of Mr.. Scott by the legislature con-
stituted prima facie title In If. Scott
to a seat In the senate, and thereupon be
was admitted to take the oath q o.
dee. me EemonstTants insist that ne
Is not entitled 70 . scat IN thl9 pooy:
The matter was submitted to the
conmittee upon the memorials the
journals OF each house, an agreed state.
ffnf az faotS, and certain oral argu-
NM and admissions OF counsel az the
hearinG Tl1e rentonstTuHtB 0Her 70
OroVo certain declarations Of several
state ohicials, Of members Of the gem
eral assembly, and OF attorneys in ar
kumant before legislative committees;
also certain acts Of perBona detailed IN
cartaln alleged dispositions submitted
In pEinted form. but the committee was
% opinion that there ives no proner
81 gitficiant evidence Of fraud or In
tludid ton GReCting the elGction 10 war
rant such Investigation by the COM
on January "a, 1898, the two houses
OF the legislature Of West Virginia each
balloted. but failed to concur In the APP
poiufuiant Of q senator, and on the next
day both house, met in Joint assembly
ana upon the hrst ballot the whole NUM-
Der Of votes cast was 50. Of which MI.
Scott received 4s, Mr.. McGraw 80 and
Mr. GOh /. Thereupon the presiding Of
fcer Of the Joint assembly declared that
Nathan b. Scott having received the
majority Of the votes cast by both
branches Of the legislature voting in
Joint assembly he ls duly elected q sem
atoF Ia the CongTess Of tho United
States. The Joint assembly thereupon
adjourned.
4 quorum Of the joint assembly and
quorum OF each house was present and
voted TIE proceedings were regular,
and resulted in the election Of Mr..
Scott, unless certain admitted facts
Constitute q valid Objection to his cleo
don
The memorial Of John ]. coFnWell and
other members states briefly, and the
memorial Of John 4. McGraw states
fally, the objections OF the Temonstrants
to MF. SCOTS title 10 a seat In this body.
The objections stated by Mr.. McGraw
are five In number
The first objection assigned Is that Mr..
Scott Gid not receive a majority Of tine
VOTES constituting such joint assembly,
thal there were IN said body % votes,
q majority Of which Is 40, and that Mr.
Scott received but 4S votes.
The journal Of the joint assembly on
January 25. 1899 ChOuse Journal, p. 1880,
shows % senator's and 20 members OF the
house OF delegates present and voting;
shows IS to be the whole number OF
votes cast, and Of these Mr.. Scott re-,
csived IS VOteS-a majority Of all votes
cast.
Under the appOrtionment the senate
contained one more member and the
house one more member. The journal
Of the joint assembly discloses nothing
concerning these two. It does not APP
pear therefrom whether they were pres
ent. II does not show that they were
entitled to vote, or that they In any
manner claimed or waived the right to
vote. Prima facie, from the journal Of
the joint assembly, either they were not
entitled and were not present, or II pres
ent did not claim or wuive their right
to vote. Therefore this journal shows
that Mr.. Scott received valid major
lty of the joint assembly, consisting OF
05 members.
As was said in Lapham and Miller
(senate election cases, p COZ:
The ground alleged Is that there WIS
not majority OF the whole legislature
actually voting for the members chosen.
In our opinion that Is not necessary.
There was quorum Of each house pres
emit In the Joint assembly; there was q
majority OF that quorum actually vot-
ing for the members chosen. In our
opinion that was valid election.
See also CLARK and MaEtnnlS w. San
derB and Power (senate election cases.
$50; Davidson vs. Call (senate election
cases, nil.
The journals Of the senate and house
explain the nOn-partlcipal Of the sem
atOr from the Fourth senatorial dis
trlCt and the member Of the house OF
delegates from Taylor county
on january 20. 1899 (senate Journal,
p. 68), resolution was introduced in
the senate declaring that Kidd, the sit
ting member, was not elected and that
Norris was duly elected, directing that
Kidd vacate his seat and Norris be
sworn In.
on January 49, 1899 (senate journal,
91-9). this resolution was considered
and q substitute was adopted reclting
the contest between Kidd and Norris,
the reference to and tendency OF the
contest before the committee on privi-
legeS and eiectiop& and the opinion Of
the senate that Morris was entitled to
the seat pending the contest, Whereupon
the senate resolved that Kidd was not
entitled and that Morris was entitled to
a seat In the senate from the Fourth
senatorial district pending the contest,
and that Norris be sworn In Morris
took the oath and was seated.
On January Is. 1899 (Benhte Journal, p.
10Si), the senate adopted resolution
that the contested election case OF Nor
ris W. Kidd be the special order for
consideration ana determination on IT'S
merits on February Z. 1899, with leave
TO either party 10 take testimony. land
that pending the determination OF such
contest neither Morris nor Kidd shhii be
entitled 10 vote or cit as d member OF
this body"
The Journal Of the house shows the
following proceedings In the contest
over the seat Of the delegate from Tay-
Tor county:
The secretary OF state, under chapter
3, section TO- Of the code OF West viz
ginia. returned to the mouse when IL as-
semblcd the list Of delegates entitled 10
participate In It's organization. and
among them Brohnrd Of Taylor county,
who was sworn In. (House journal, D.
-