The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-01-28
VEST yiRGI,I SENATE CONTEST.
Arguments Against the Right Of Nathan ID.
scott TO a seat In The senate.


WASHINGTON. Jan. 27.-Areument in the pro-
test OF John r.. McGraw and certain MEM
bers OF the Legislature OF West Virginia
against the right OF senator Nathan Is Scott OF
West virginia TO a seat in the United States
Senate was begun before the COMMITTEES on
Privileges and Elections OF the Senate at III
O'Clock this morning Former Senator Faux
ner Of West Virginia appeared for Senator
Scott and Messrs Welles. Bennett 4 Welles and
Judge HolI for the remonstrants. The msm-
bers OF the committee present were Senators
Chandler, Hoar, Pcttus. Harris. Pritchard and
McComas.
Senator Chandler sald that the object OF tho
committee to-day was 10 hear argument by
counsel and that then. II the committee be-
lievci that the taking Of testimony would DO
essential to the just consideration Of the case.
this would be ordered. IL was agreed In adj
vance that two hours should be allowed the re-
mons'rants. Mr., Faulkner sal less than this
time allowance would satisfy him.
Judge Holl OF West Virginia opened for the
remonstrants. He at frst took up the cases
Of tho two so.called military state Senator'S
whose votes were counted for Senator Scott.
the contention Of the remonstrants being that
tho.e State Senators. Gatzendanner aud
lltrSOD. Ill Ibtltlltu thcI hlShN W
seats in tho State Legislature. Judge
Holl sail that the gentlemen named were duly
and properly elected to the State Legislature.
They served through ono session and during
the next session acceptei commissions IN the
volunteer army ~ tn limited States. Counsel
read from he Constitution OF the State OF " est
Virgin a. which reciles thar any person holding
any pthrr Office OF emolument under the state,
United States or any foreign government small
be ineligible 10 hold q seat in tn" Legislature.
and commended that tho accrptance OF Nessrs.
Gatzendanner and pierson OF olllces OF emnlu:
ment under the Government Of the United
States ipso f,cto vacated their offices "a state
Senators. lie cited Il lumber OF authorities
TO sustain tins point. quoting from the report
Of tho Commit re on the Judiciary OF the House
% Representa- lve' in tho case OF Gen, Joseph
Wheeler of Alabama. Du INK q recess, OF the
Legislature. he said. Gatz"ndannrr and Pier;
son Resigned their military commissions, and
rcantrred the state senate. There having been
two vacancies created by the gent, men upon
their acceptance Of military 'ssiols.
Simply ny their individual acts: The Lesisla-
turr Of West Virginia voted that. Gatzenianner
and plerson were entitled TO their seats. hut
Tat decision was NOT final. as a constitutional
question was involved.
Judge Holl made a strong argument that ne
returns Of q state Legislature ild nor olnd me
even though It should he held that STATE Sen.
right to vote. sin senator Scott was not
elected, as the votes cas-, for him lid not con.
bly, OF the Leg stature. The record
thowed upon lts face that the Legislature OF
M"st v rs, MA consisted o, ninetyLseven mem
ty-eipht votes. II was maintained that iorty-
n ~. votes were necessary to constitute a ma
!arity.
the election Oi Senator scott was void. hS the
Joint convention was held under a traudul@nit
private agreement nndnot underline statute. IL
was maintained that under he terms Of a COM
piOmlsr agreement one senator. who was al-
mittel TO a sea' by a reso ution spread upon
the record Of that body. was suspended solely
for the purpose OF affecting the election OF a
Senator. and one. delegate whose case was
4 conciu led and who was entitled 10 q v te
was prevented from voting IN the Joint as,
/ spmhly This private agreement, counsel
he'd denied two men the right to vote when
! they wee not even PARTIES 70 the agreement
The Legislature OF West Virginia, he said
. oJulhn not Civ" validity 20 an agreement. void hs
against plhlic policy, BY spreading 1t uvon the
re.urdS a. tta two Houses as ser ara'e resoIu'
tons, and thus deprive two men not parties e
voc \ majority which l. sufficient 20 nerpe'
tlate a fraud is sufficient 70 rarity that rand
aud IN" content,on that after fraud Is ratified
insult to the greatest deliberative body OF the
Former Senator Faulkner presented the case
for senator scott. who mas the seat formerly
occupied ~ his counsel. After setting forth
the iacts in the con test which. resulted IL
SCOTS election Mr. Faulkner took up the mair
DDlni OF tt tO1ttUllOu. Wiz ntE VI upl Cc'b
was an inhabitant OF West virginia at the time
Of his election. He was INTERRUPTED by two
members OF The com mit'eo, who said i was no
nacc sary 10 argue the quest ion. He defeC
the contestants to point out q single nreceien'
where the Unite States Senate or any OF n
committees had unsaate1 a member on tbs
grounds act 'orth by the contestants
A. q session OF the committee this afternoon
Henry y, Russell. assistant counsel Tor the con
t~estants. argued Ia favor Of q complete lnqui' ~!
INTO the acts charged against Senator Scott
The committee then went into eIecutiy'
session. but adjourned without reaching o con
clusion az 70 whether thev would enter INFO
consideration OF the facts by the taking OF ties
timony or decide the case simply IN the point
3 III Law involved. Mr., Russell announced tina, h
would send TO the committee a statement o
the facts he claims to be able to prove,