Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-01-12


Private Agreenent and vol
Scott Not an sInhabitante OF /
state OF West virGinin, Hen
Not Elieible.
Special TO the REGISTER.
WASHINGTON, d. G. January ii
The following is the supplemental br
in the case of Welles. Bennett
Welles, counsel for remonstrants in +,
case of John T. McGraw and 4 mai
ity of the members Of the Legislat,
of West Virginia vs. Nathan B. 81
in answer to the anonymous brief.
sumably prepared BY Mr.. Taull
Mr.. Scots counsel and distribute
the Senate:
Our attention has been called
anonymous statement addressed
Senate OF the United States. fori
the sponsors decline to assume
sibility. This document devote
half of its space to the question:
swearing in of the claimant
question is not and never was
case, and the other half OF the
devoted to trying to establish
position that whatever frauds
Legislature is venal enough
rate, the United States senat
submissive enough to uphold.
Our previous brief iii the
necessarily so lengthy on acco
including all OF the evidences
argument some questions we
over, which we desire to pre-
deliberately to the Senate d
fore file an additional or suI
brief.
Nathan d. scott did not
majority of the votes Of
isiatnre OF West Virgin
The first point ralk2Iss
Is, as to whether
Scott received = m
of the joint
West Virginia
on It's face 9haS 5en*
Virginia consisted oYSl mesnhN
that Nathan b. Scott received
votes. Bouvier's law directory del
majority" as follows. Seine N
ton exists as to whether a majority
any body is more than one half {
whole number, or more than the nj
Der acting in opposition. The intend
signifcation Is generally denoted
the context"
The context OF the act OF 1866 aho
clearly that a majority Of the ent
Legislature is necessary to the elect
OF a United States Senator. At
o'clock meridian OF the day follow
that on which proceedings are
quired to take place as aforesaid.
members of the two houses shall q
vene in a joint assembly. and the 10
nal Of each house shall then be 70
and II the same person has failed To-
eeive a f~najority Of all the wote1
each house, or IL either house has
ed to take proceedings as required
this section, the Joint assembly
then proceed to Choose. hy i viva
vote of each member present. "A d
for Senator, and the pefeof
ceives a majority OF An me VOC
Joint assembly. q majority IL
members elected to both houses 4
nresent ana voting Hflall III aaNls|
duly elecsedn
This act does not say that 4
ioritv of the votes cast a nesea
as do all the arts cf the untkad Sia
concerning other ELECTORS. r
a ma orifv AZ f5a vf,fnx n4x{
@of the ieinf - wemblt sNsi8 h@ =
ingIeez Ire readinr hi
lar who recefgps 4 maIuri
~o,rsrea ] majority vfsta 81 afz'A {o}xf
eernhIw /. T-ha 4-ecl4sstt 9hnm 5000
stated mar the Joint assembiV &s1
not ~ 4 majority 81 The 1nernhAs
| ~ All the memberm al both haii.f&
- rresenf and voting Int xknf
TIA fwn deeIaratIcn4 frNf thai An
iorttv mg,zt be az fhn Iosuf a
ana second that the Joint n3e
consists no 81 majority
meynhera a. hnsh hnr1ses b.sf Z
m-ernberav ~ hf,th houSee.
n tbia act khouId Be eonsf<SS
mean sha4 ! nnsBor4fv 81 The kma
constitute me so4nf assembly,. tS
toint a~esanrhlv would cot4kI*t If
members and but IL votes
necessary for an election. I6sS
one-third Of he TxxiElotnre. TA6
;sIatnra would conskf 81 ~ interim
ana ina Joint Assembly "A 4 4
&C. ~ members than fh&1 nr|S
The limited States rSnt
elarez that ~The Senate
r 49, nn~@eMxk4