Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-04-12

| Resolved, That the seat IN the SEN
!, ate now occupied by James H. Marcum
as Senator from the Sixth Senatorial
district be declared vacant; that the
committee on privileges and elections
| be instructed to make a thorough in
vestigation of the case and have power
to send for persons and papers and
any ballots in dispute, and to take such
pertinent evidence as may be offered
by either party, and that said Collins
and Marcum be granted leave to ap-
pear before said committee in person
and by counsel, and that pending such
investigation neither James H. Marcum
nor j. H. Collins be permitted to par
ticipate in the proceedings of the SEN
ate nor to occupy seat therein. rs,
79)
This resolution was laid over for a
day under the rules.
On January %, 1899, the resolution
offered by Mr. White unseating Kidd
and seating Morris was called up and
a substitute was offered by Mr.. Smith,
a Republican, and was adopted by a
party vote-16 to s. That resolution
7 is as follows:
Whereas, There is now pending in
tIlC DClicilC Il CO1bCSI OCIWCCh a. L
Kidd and B. NJ. Morris for seat as
Senator from the Fourth Senatorial dis
trict of this State; and
Whereas, Said contest has been re-
ferred to the committee On privileges
and elections, where the same is pend
ing and can not be determined for a
considerable length of time; and
Whereas, 1t is the opinion of the
Senate that pending said contest M. B.
Morris should be entitled to said seat;
therefore, be it
Resolved, That r. F. Kidd is not en-
titled to a seat in the Senate as SEN
ator from the Fourth Senatorial dis
trict, and that B. NJ Morris is entitled
to a seat in the Senate from the
Fourth Senatorial district pending the
final disposition of said contest pro-
ceedings, and that said B. NJ. Morris
be forthwith sworn in as such Sena
tor (91, 92)
And B. M. Morris was sworn in as
Senator pro tempore ct pro hac vice
| (94)
On the oath day of January, 1899, the
Senate voted for United States Senator,
and N. B. Scott received II votes,
counting Getzendanner and Pierson,
the two who were army officers, and
b. NJ Morris, the man sworn in temper
arily on the preceding day.
And ]. T. McGraw received votes,
Whitaker, Republican, not voting.
Protests were filed against counting
the votes of Getzendanner, Pierson and
Morris.
In the House of Delegates vote was
had for United States Senator on jan
uary "a, 1899; and
John T. McGraw received SO votes
and Nathan B. Scott received 20 votes,
Nathan Golf received one vote, Reese
Blizzard received one vote, and Mr..
Asbury was absent and did not vote.
Scott had As votes, McGraW had 46
votes, and two scattered.
On the oath of January, 1899, when
the vote for United States Senator was
taken in each house separately, there
were pending for seats in the Senate
the following contest cases: NJ B. Nor
ris VS.. R. F. Kidd, D. NJ. Shirky VS. w.
l.. Ashby, and ]. H. Collins VS.. ]. H.
Marcum. And in the House of Dele
gates there were then pending refer
ences as to the title to seats OF the
following persons: H. F. Brohard VS..
W. R. B. Dent, of Taylor county; Will
bur Spenser, w. s. Talbot, ]. B. Lo-
gan, w. B. Outright, julius Scherr, B.
j. Redmond, and Frank Legge respect
lively.
The case of Brohard and Dent was in
this shape: Neither had certificate
of election. The returns showed a ma
jority for Brohard, but on a recount
by the returning board, authorized by
law, it appeared that Dent was elected
This board consisted then of two
members only, and the two did not
agree. However, the officer who made
the list of members, a Republican, put
the name of Brohard, a Republican,
on the list, though be had no certifi-
cate.
Then, after the first vote for United
States Senator, five Democrats of the
House and five Republicans of the
Senate made written agreement on
January "a, 1899, which is copied into
the report of the majority of this COM
mittee, and by this agreement the con-
tests between Morris and Kidd in the
Senate, and between Brohard and Dent
in the House, were to be laid over until
the It'll day of February, 1899, and
neither one of the four was to be al
| lowed to vote until the contests were
decided; and all other contests were to
be dismissed.
And on the morning of the 25th of
January, 1899, resolutions were passed
in each house to carry that agreement
into effect.
And afterwards, on the last named
day, the two houses met together and
voted for United States Senator, and
n. B. Scott received As votes, ]. T. Nc
Graw received 46 votes, and Nathan
! Golf received one vote-total, o. Is.
j., 112.)
So Mr. Scott received a majority of
one vote and was declared elected.
After Mr.. Scott was declared elected,
the Senate, on February z, 1899, had no
| trouble in giving Mr. Kidd the seat
from which he had been suspended, pro
hac vice. No one then disputed his
right, for the purpose of his exclusion
had been accomplished. Is. j., 312)
And on the same day Dent was given
, his seat as a member of the House
From the facts above stated, which
are proved by the journals of the two
houses, it appears that the election of
Mr.. Scott was procured by fraud. The
| Senate elected two members of that
| body (GetZendanner and Pierson), and
suspended a Democrat kidd until
after the Senatorial election so that
| he could not vote against Mr. Scott
1t must be remembered that Mr. Scott
was declared to be elected by a ma