Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1900-04-01
THE MINORITY PRES[NT|MENT.
IN THE CONTEST OF HON. JOHN II.
M'GRAW AGAINST SEN
ATOR SCOTT.
Senator Pettus, of Alabama, Offers
The Views of the PrOtestnnts-A
Brief Summary of An Able Review
of the Case.
Special to the Register.

Special to the Register.
WASHINGTON, D. c., March ST.
Senator Pettus, of Alabama, has pre-
sented the views of the minority in
the protest against the seating OF
Nathan B. Scott as senator from West
Virginia. His report is brief, but it is
an effective reply to certain of the pro-
positions advanced by the majority
of the senate committee on privileges
and elections in support of SCOTS title
to his seat Senator McComas has
given notice that he will call up at an
early day the resolution offered by the
majority declaring Scott duly elected
and entitled to his seat. This will af-
ford opportunity for discussion of the
case by both sides. The presentation
of such a resolution in a contested
election case is somewhat unusual, in
dicating a desire on the part of Scott
to secure affirmative action by the
Senate on his case for its moral and
political value. The adoption of the
resolution would not better his title,
or affect in any way the validity of his
seat, but it might be made use of in
West Virginia as campaign thunder.
The report of Senator Pettus, after
going over the facts in the election OF
Scott, as shown by the legislative
journals, goes on to say:
Was Procured by Fraud.
ut appears that the election of Mr..
Scott was procured by fraud. The SEN
ate elected two members for that body
(Getzendanner and Pierson), and sus-
pended Democrat (Kidd) until after
the Senatorial election SO that he could
not vote against Mr.. Scott. 1t must be
remembered that Mr.. Scott was declar-
ed to be elected by majority of one
vote only, and that on the vote in the
houses separately on the day before
Scott received 46 and McGraw 46 votes.
So without some curiously fraudulent
proceedings Scott could not be elected"
The dispositions of Ohley and Others
showing the eXtra-legislative proceed
ings on the part Of Republican lead
ers looking toward control of the legis-
lature by force or fraud are reviewed
by Senator Pettus and the following
conclusions reached:
81. That in November, 1898, soon
after the election, the Governor of the
State, the Secretary of State, who was
also chairman of the Republican State
committee, and the secretary of the
said committee and others entered into
a fraudulent conspiracy, the purpose of
which was to elect Mr.. Scott United
States Senator.
'2. And that the said conspirators,
aided by the attorney general and
State senators and others in authority,
accomplished their fraudulent purpose
by fraudulent means. ..-.
~ 'The questions of law arising on the
facts of this case" continues the re-
port, will be briefly noticed. 1t is
urged by the majority of the commit
tee that as each house of the legisla
tive body was the judge of the election
of it's own members it's decision can
not be reviewed This proposition,
though often asserted, is not sound
law, in the broad way it is asserted,
because there are many cases to which
1t does not apply.
1t is n Universal Rule of the Courts
that judgment obtained by fraud
will be set aside on timely application
of the party injured if he is not in
fault. One of the old judges put the
law down in this form: The jurisdic-
ton of courts of equity to set aside a
decree obtained by fraud in an original
bill filed for that purpose has long
been unquestioned.
THE report of the majority of the
eommittee states an exception to their
general rule, which, if fairly applied
to the facts, would be decisive against
Mr. Scott. The paragraph of that re-
port referred to concludes in these
words: In the past the Senate has in
vestigated fraud and corruption in
elections where the proceedings were
regular and the form was lawful, and
then declared there had been no cleo
ton Senators sometimes forget that
this Senate is the judge of the cleo
tions, returns, and qualifications of its
own members.
There is no need to cite cases to
prove that, under common law, and
under the constitution of West Vir-
ginia quoted in the majority report,
Getzendanner and Pierson, after they
were elected senators in 1886, and after
serving as senators in January, 1887,
resigned their seats
BY Accepting Offices of Profit
under the United States, and the State
Senate again elected them to seats in
the Senate. These Senators were elect
ed by the people and had their seats
and resigned their seats and never were
reelected by the people. but were re-
elected by the Senate and voted for
Scott.
But if it were admitted that the
State Senate were absolutely the judge
of the elections and qualifications of
its members, and that their decision
could not be investigated elsewhere,
still the record shows that in the case
of Kidd the State Senate did fraud
ulently and illegally suspend Kidd,
who was duly elected a senator and
received a certificate of election, and
was duly sworn and admitted to his
seat, and afterwards, on January %,
1899, the Senate passed a resolution,
not as to his election or qualifications,
not that he was not elected, not that
his opponent, Morris, was elected. but
the Senate resolved in substance, with
oat authority, that Norris should oe-
cupy Kids seat pending the contest
fraudulent device, entirely outside of
any pretense of authority for the mr.