The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-01-29
On Privileges and Elections-Me-
GraN's Attorneys Present Flimsy
AEsumentS for the Protestant.
ONE Of SILLY CONVENTIONS
Was BASED on the Proposition That
ssnator Scott Was Not an In-
habitant Of the State.
ARGUMENT WAS NOT DESIRED
Along That Line by the Committee.
Some PreposterouS Assertions
Made By Meeraw Counsel.
Special dispatch TO the lntelligenoer

Special Dispatch to the fntelligencer.
WASHINGTON, Jan. 2S.-The views
OF the several attorneys employed by
the Democratic opponent Of Senator
Scott 10 cloud his title to seat in the
upper house OF Congress were heard
yesterday MessrE Holt. Russell. st.
clair and Weiles all appeared before
the senate committee on privileges and
elections. and over two hours were con-
sumed in arguing for an opportunity to
submit testimony In support Of their
contention Ex-senator Faulkner rep
resented Senator scott's interests with
the right to close.
The attorneys Tor the McGraw cen
tentiOn declared that Senator Scott
was not entltisd TO his seat for all lhs
reasons heretofore set forth in their
briefs, while Mr.. Faulkner defended the
senator's rights upon the grounds hero
tofore given in the Intelllgencer, bas-
ing his contention upon numerous pre-
cedents cited by him, and with witch
the members OF the committee were
long since made familiar.
Great stress M laid upon the prop
osltlon advanced by Mr. Mc6raw that
senator Scott was not am lnhabItant
Of West Virginia when the.electlon for
senator took place, but when one of
the attorneys began talking upon this
question member OF the committee
through The chairman, indicated that
argument along that line was not de-
sired. The committee listened, how
ever. to a multitude OF words upon the
other points raised. and gave no sign.
wellss' Flimsy Argument.
"He contended that the contests for
seats In the West Virginia legislature
/. were the results Of conspiracy on the
part Of Republican managers to insure
the election OF Scott. and that In some
cases the contests were insisted upon
even where the contestants did not
want to enter into them. Bloodshed
WAS even threatened by Republican
state officers.
'a"Mr. Weiles urged the committee In
view of these contentious, to take ties.
tlmony and allow the protestants to
prove these facts. He said that condl
lions In West Virginia were as bad as
had ever been known In the south in
the days Of reconstruction. Mr.. welles
said that long investigation would
not he necessary, nor would many Wit
nesSes be called. Among others they
would like TO have the governor OF
the state called to testify as to his
threat to call out the militia TO force
the recognition Of a rump Legislature"
The foregoing is part Of the argu-
ment made by Mr.. F. L. Welles, OF
counsel for Mr. McGraw, yesterday be-
fore the senate committee on privileges
and elections, in the so-called contest
over the seat of Senator Scott. Mr..
WelIes is also said to have declared
that the situation in West Virginia Is
WeFye than that which obtained in the
south during reconstruction days.
Judge Holt talked against the admIs-
sion OF the votes at the election Of
United states senator Of Senators Pier
son and Getzendanner. both of whom,
ii Is admitted, held commissions in the
army during the war with Spain.
aetzendanner and PierSon.
He urged that Getzendanner and
Plersou were absolutely prohibited by
the west virginia constitution from
the acceptance Of offices under the fed
eraI government, They had the choice
Of retaining their civil Offices or accept
ing the positions in the military SER
vice; they had accepted the later POSI-
ton. and thus, ipse facto, they had
vacated their state offices. True the
state legislature had pronounced to the
contrary, but. notwithstanding this
fact, ne commended that Il was the duty
oE the United States to go behind the
action OF the state body.
A. to the agreement under which the
election was effected he considered It
mere private understanding, and that
because II was such and not an official
function the election was vltlated. He
urged that with the seats Of the two
state senators, once vacated, there WAS
no way by which they could again take
their seats except by reelection, which
was not :osorted to In either OF these
inslances.
The agreement referred to was that
nv which the two houses of the legls-
Iature arranged to meet in Joint assem-
bly, for the election Of senator ana