Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-02-01

seats Ia the West Virginia Legislature
were the results of conspiracy on the
part of Republican managers to in
sure the election of Scott, and that
in some cases the contests were in
sisted upon even where the contest
ants did not want to enter into them.
Bloodshed was even threatened by Re-
publican States officers.
Mr.. Welles argued the committee,
in view of these contentious, to take
testimony and allow the protestants
To Prove the Fact.
He said that conditions in West Vir-
ginia were as bad a. had eve been
known in the south in the days of re-
construction. Mr.. Welles said that
a long investigation would not be nee
called. Among others they would like
to have the governor of the state call
ed to testify as to his threat to call
out the militia to force the recognition
of a rump Legislature.
Ex-senator Faulkner, in presenting
the cause of Senator Scott said that
it was admitted that at the beginning
of the last session of the West Virginia
legislature the Republicans controlled
it upon joint ballot, the Democrats
having a majority in the House and
the Republicans in the Senate. Even
with the two seats held by soldier Sen
ators vacated the Republicans would
still have had at that time AZ to As.
With reference to the votes of Sena-
tors Getzendanner and Pierson he adj
mitted that they had accepted COM
missions in West Virginia regiments
in the Spanish war, but said they had
resigned their commissions prior to
the meeting of the legislature. The
State Senate had decided by a vote of
16 to 8. that the men were entitled
to hold their seats. This decision, he
continued, was final, urging that the
United States Senate could not legiti-
mately interfere or go behind the de-
termination of the State body. In pre-
senting this point he laid down
The Broad Proposition
that where a State body has jurisdic-
ton over the subject matter of any
question its decision as to the State
laws and constitution is binding upon
the federal authorities. Hence the
GllNCd OLlOSO hA Jul alAOSl
the circumstances, enter upon any in
curry as to the qualifications Of Messrs.
Getzendanner and Pierson. The State
Senate was the proper judge of their
qualifications and there could be no
appeal to the federal Senate. To pur-
sue a contrary course would be to open
the door for the investigation of every
popular election held in which a Sem
atorial election was involved.
Referring to the agreement under
which the joint convention in which
Mr.. Scott was chosen Senator was he'd,
Mr.. Faulkner said that if both the
members holding the seats which were
contested had been allowed to p~artici-
pate, one of them, State Senator Nor
ris, would have voted for Scott, thus
increasing his vote to 40. He admitted,
however, that afterward Norris was
~unseated and his seat
Was Given to a Democrat.
Furthermore, the proposition for the
agreement had been made by the Dem
ocrats and all the plans of that pro-
ceeding outlined by them. Mr.. Faux
ner said he did not believe the Unite !
States Senate had In concern with
the reports that the State officers had
made threats of organizing a fraudu-
lent legislature. These reports were
only rumors and as for the Attorney
General, while the report concerning
his utterances might be true he had
no power to do what he had said he
would. and his remarks were not to be
considered.
Henry M. Russell closed the argu-
ment for the p~rotestants.