Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1900-01-29
M'GRAW VS.. SCOTT.
First Days Hearing Before the
Committee.

Made out by the Formers Attorneys.
What Their Contentious are-Faulk-
ner Makes an Able Defense Petitions
Have Finished Their Side. !.
WASHINGTON. Jan. 29.-The Sen
ate Committee on Privileges ana
Elections met Saturday to hear al
guments by counsel in the case Of
remonstrance against permitting
Hon Nathan b Scott, of West Nir-
ginia, TO occupy his seat in the SEN
ate The principal objection to Mr.
Scott urged BY the protestants was
based upon the contention that he
received only As votes, or one less
than majority, and that he secured
his election By causing the suspen-
sion of two members of the LegisIa
ture who We're afterwards given seats,
thus reducing the membership from
81 to 90
Much was also made Of the cir
cumstanees that two of the members
of the State Senate by which he was
elected were officers III the volunteer
army of the United States during the
Spanish war. Getzendanner and
Pierson were hold overs, having been
elected in 1896 Both accepted com
missions in the Second West Virgin
ia Regiment, in the summer of 1898,
and. Notwithstanding this cireum.
stance, entered the Legislature in
the winter of 1S9S99. They voted
for Mr.. Scott and with their votes
he received as votes, or "a majority
of one of the 95members.
The protestants claimed that by
accepting commissions in the army
observation-disclosures respective.
ly vacated their offices as members of
the State Senate. Without their
votes, Mr. Scott would have had 46
votes.
CLAIM THEY RESIGNED.
The friends of Mr.. Scott contest
these points, urging cause for the
suspension OF the two members, and
also showing that Messrs. Getzen-
danner and Pierson had resigned
their offices in the army before cast
ing their votes for Mr.. Scott for Sen
ator.
The first speaker for the protest
ants was Judge John III. Holt. He
urged that Getzendanner and Pier
son were absolutely prohibited by
the West Virginia Constitution from
the acceptance of offices under the
Federal Government. They had the
choice of retaining their civil offices
or accepting the positions in the
military service; they had accepted
the latter position, and thus, ipso
facto, they mad vacated their state
offices.
AS to the agreement under which
the election was effected he consider
ed it mere private understanding
and, because it was such, and not
an official function, the election was
vitiated He urged that when the
seats of the two State Senators were
vacated there was no way by which
they could regain their seats except
by re election, which was not resort
ed to in either oe these instances.
DIsREGARDED THE CONTEST.
The agreement referred to was
that by which the two Houses of the
Legislature arranged to meet in
joint assembly for the election of
Senator and disregard the contests
over seats, allowing neither contest
ants nor contestees to vote.
This agreement, Mr. Holt declared,
was corrupt, a violation of law, con
trary to public policy-a pitiable
meddling with high function. 1t
amounted to ACKNOWLEDGMENT of
two Democratic members who were
atterward seated, one in the Senate
and the other in the House Thus
the vote of the joint assembly was
reduced from 81 to 95, and making
As majority. The agreement was
among members of the Legislature,
and was contrary to the law and to
public policy, as we'll.
Frank L. Wells, also OF counsel for
the prostestants, presented the rea-
sons why the committee should take
further evidence in the case. He call
ed attention to the anomalous fact
that while it was claimed that Scott
had been elected by 4S votes, major
ity, the protestants numbered 40 mem
bers of the Legislature. He contend
ed 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. Bloodsheu
was even threatened by Republican
State officers.
CONDITIONS WE'RE BAD.
Mr.. Welles urged the committee, in
view of these contentious, to take tes-
timony and allow the protestants to
r,rcra fhara Ha so ia that ort,