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

INTO the motives W1kcH 4GtUAk94 t1o
members OF the State Legislature ! =
the joint convention, IN their votes foa
United States Senator. even under alle-
cations Of fraud and duress. This is q
startling proposition. Any court OF
justice will inquire into motives and
will thoroughly probe all charges OF
! fraud or dureSs. The entire criminal
law is based upon motives. Every
case Of bribery is a case of motives. II
a bride did not change the motive OF a
vote it would not interfere with a free
and honest ballot. It is the fact, that
the bribe, by changing the motive,
changes the vote, that renders it OBJ
~noxious to good government. Every
case of bribery is a case of the investi-
| cation of motives. All forms of fraud
and corruption rest upon identically
| the same principle. Any form of fraud
which prevents a free, fair and honest
expression of the voters will, or a
| voter from casting his vote, or a fair
and honest count, will invalidate an
election. This is true whether it Is an
election of a justice OF the peace, or or
a Senator of the United States The
courts every day inquire into the regu-
larity and legality Of the actions OF
judges of election and of boards OF can
vassers. A popular election is always
vitiated if sufficient fraud exists to
change the result. Is it more important
; to good government that fraud be con-
demned in the election of a constable
or a pound-keeper than in the election
! of a United States Senator? Is fraud
to be spurned by the courts and well
coined with open arms by the Senate
of the United States? In the election
of a Senator can a moral wrong create
a legal right? Does the might which
/ exists in a majority of one body OF a
State Legislature, aided by a friendly
administration, become such a power
| the Legislature against the protests OF
in the coercing of a minority that a
Senator can be chosen by a minority of
| the majority, as in this case? 1t might
| make right, even when that might IS
4 'es.ed by a fraudulent conspiracy,
carried into execution by threats, then
we should cease sending u sons to
college professors and send them to
bunco sharps for their education. II
might makes right, then throw away
books from the schools and establish
gymnasiums, tear down the court
houses and build arenas, where each
man as a gladiator can fight for what
he wants.
If the Senate cannot inquire into the
fairness and the legality of the acts of
| legislatures and the motives Of legis-
lators in voting for United States Sem
ators, Their there Is no fraud, however
outrageous, which could not be perpe-
trated in the election of United States
! II ~,o,1J hr0 fho 1non
wide open for chicanery and rascality,
and close it against all men of good
conscience.
To the credit of the Senate it can be
said that if in its past history it has
erred upon either side of this question,
it has been upon that of investigating
too thoroughly upon too little founda-
ton. Thus, IN the Groves case a sub
| committee went to Oregon and investi-
gated mere general charges of fraud.
Those who made them failed to bring
one word of proof to support them. In
the Caldwell case from Kansas, it was
not charged that any member of the
Legislature had been bribed, that there
had been any threats or intimidation,
or that any vote had been cast through
improper motives upon the part OF the
man casting it, Or that any vote had
been suppressed. 1t was charged that
the candidate had entered into a cor
rupt agreement with another candi-
date by which the rival withdrew from
the race and supported the claimant.
The committee unanimously agreed
that this would c%orruptly prevent a
| free and honest expression upon the
part of the Legislature, because the
friends of the Withdrawing candidate
would, by reason Of their friendship,
vote at his suggestion. The returns of
the election were regular, none of the
votes were bought, none were intimi-
dated, but the election was held void
because fraud existed unknown to the
members OF the Legislature and in
which they had 10 part, but which af-
fected the election. In this case, the
United States Senate, not only inquired
into the motive of the legislators in
voting for a United States Senator, but
inquired into the aus of those mo-
tives, and finding that cause tainted
with fraud, the election was set aside.
Is the United States Senate to-day less
solicitous to maintain the dignity and
purity of its organization than 1t was
then?
There has never been a charge of
fraud brought, where the fullest inves-
tigation was not ordered by the Senate.
In the case at hand, the journal Of
the Senate shows that one Senator was
suspended for the express purpose of
preventing him from voting for a
United States Senator, the testimony
taken shows that he was present in the
joint convention, that his name was
not called, and that, had it been called,
he would have voted for John T. Nc
Graw, which would have made the vote
stand: John T. McGraw, Al; Nathan
Golf, 1; Nathan B. Scott, As. This
would have been a tie.
Applying the rule insisted upon by
the claimant, and admitted by the re-
monstrants to the extent OF questions
of fact, the report or the State Senate
as to the membership of this Senator,
is final. There was never but one re-
port upon this subject, and that was a
unanimous one that he was duly elect
ed and qualified. He was qualified on
the opening day Of the session. No
! new qualification was required of him.
He was paid for all of the days of this
session. Without any report of the
committee on privileges and elections;
without any consideration of the facts
| of the case, the Senate attempted to ex-
pei him from that body They then by
separate resolutions r%einstated the case
. ond roforrcd II hook 10 tho oon,miffao