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


said committee reported resolution
that Dent was elected delegate from
Taylor cou1ty, and that he at once be
qualified and take his seat
on January Is. 1899. the house unans-
mously resolved that the consideration
Of the majority and minority reports
concerning The contest In relation to
the delegate from Taylor county be
postponed until February Z, with leave
to either party to take testimony.
The Judgment OF the senate was
fina1lty In respect Of Morris and Kidd.
The Judgment OF the house was a final
lty In respect Of Bent and Brohard.
Each OF them was adjudIeated not quail
lied 70 participate or vote In the house
wherein ne claimed aeat, pending the
anal decision Of the body which by the
constitution OF West Virginia (article
g. section az Is made "tne Judge OF the
election returns and qualifications Of It's
own members"
Therefore, on January Is. 1899, only s.
members had the right to participate
in the two houses: only IS members
had the right to participate and vote
in tine Joint assembly. OF these Mr..
Scott received IS votes-a majority.
Therefore the first objection, that there
were % votes In the Joint assembly,
and that q majority WAS 49, is I'M
founded
The second objection assigned Is. that
0of 48 votes received by Mr., Scott were
the votes Of Senators Gen7endanner and
Pearson, cast and received against q
protest spread upon the journal OF the
Joint assembly, and showing that the
senators had. under article 8, section Is,
OF the state constitution, forfeited their
seats as senators in the legislature by
the acceptance OF lucrative offices under
the federal government. and likewise
their right to vote in said joint conven-
ton"
These protests show that Senators
Getzendanner and Pearson accepted
commissions In the Second regiment Of
west Virginia volunteers and discharg-
ed the duties and received the pay OF
captain and lieutenant, respectively.
while IN the service OF the United States
during the Spanish war. These facts are
admitted, and II 10 further admitted that
these senator's were "itoid-oVef SOL
dlera." who, between the session Of the
last legislature and the assembling Of
the new legislature in 1899 had accepted,
had served and had resigned their COM
missions prior to the twenty-fourth reg
ulaF session OF the state legislature. The
protest further recItes that these two
senators had vacated their seats and
forfeited their right to vote In the joint
convention, as stated In the second OBJ
lection.
II appears by the journal Of the Joint
assembly that Senators GetzendAuner
and Pearson were present therein and
voted for Mr.. Scott.
The constitutional provision is that
mo person holding a lucrative office
under this state. the United States or
any foreign Office shall
be eligible to seat IN the legislature +"
on January 20. 1899, resolutions OF like
tenor and effect with these protests were
offered in the senate, declaring that by
virtue OF this constitutional provision
and the acceptance Of said commissions
each OF these senators thereby became
ineligihle and forfeited his right TO a
seat in this body" These resolutions
were referred 10 the committee on priv
lieges and elections, and on January %,
1850 that committee reported In lieu OF
said resolutions a substitute declaring
that Getzendanner and Pearson are le-
gniiy qualified and entitled to hold their
membership in the senate and have not
vacated their sents therein under the
pfoVlsionR OF section 10 OF article 3, The
senate adopted the substitute on JAM
uary "a, 1890
This Judgment Of the senate Of West
virginia upon the title Of Senators Getz
! Esndanner and Pearson 20 their seats
therein II q hnality The senate OF the
United States cannot reverse It. AS be-
fore said, the state senate In, under the
state constitution, the Judge OF the
elections. returns and qualifications OF
ikO own uembeFa" Such constitutional
powers have effect, not only to make the
members Of each house the Judge in
each case, but also 90 forbid that the
members OF any other tribunal shall
be Judges thereof to review or reverse
Euch original Judgment The jurisdIc-
| ton OF each of the houses Of the Htnte
leginlntur ls original and exclusive.
| Cease OF II. a. Du Point, Flfty-fOurth
Congress. first session, report No. $50,
p. 104J
The senate Of West virginia IL the
only tribunal which could either hear or
determine lawfully these objections TO
tho qualifications Of Senators dotzen-
dann6r nnd Pearson. It's Judgment IN
their favor is Anal. The senate OF the
/ United States has not authority to orig
mate, hear or determine any objections
10 the qualifications Of those who noted
and voted % members OF tho aenatc OF
| tho state. Where the title of an indlvld-
tial member OF the legislature who has
| once been seated haH been determined
by o subsequent adjudication OF the
house 10 which he belongs such Iudg-
ment win not be here disturbed or In
quired into,
"a should be noted TINT the senate Of
the United Sthtcs, In Stanton Va. Lane
(honhte election cases 1900, upon a sim