Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1900-01-16

L6feStluE anu AAiSAA u1stf- -.
brief of attorneys for Hon. John T. Nc
Graw and remonstrants in the Scott case,
in answer to the anonymous brief filed for
Mr.. Scott. Itisan especially strong paper
and should be read by everyone who
wishes to become familiar with the points
in this case. 1t conclusively answers the
brief presumably prepared by Mr.. SCOTS
attorney. Mr. Faulkner. but which neither
that gentleman nor anyone else has cared
to father. The whole argument in that
anonymous document is based entirely on
report which has little bearing on the
present case and completely ignores the
Dupont case, which has direct bearing
on it.
Itislsgally demonstrated that Mr.. Scott
did not receive a majority of the votes of
the Legislature of West Virginia as re-
quired by law. Th1s point is elaborated
upon at length and numerous authorities
and precedents are quoted sustaining the
point beyond question Sufficient proof
to convince the lay mind on this point,
however. is contained in the simple fact
that majority of the legally elected mem
bers of the Legislature are remonstrants
with Mr.. McGraw against Mr.. SCOTS
pretensions.
The Pierson and Getzendanner cases
are again elaborated uponand it is further
demonstrated that these two votes cast
for Mr.. Scott were illegal, because these
Senators had vacated their seats by ac-
cepting commissions in the army. This
contention likewise is supported in the
Dupont case and is endorsed as valid by
the United States Senate itself.
The further plea of Mr.. SCOTS anon
ymous brief that the United States Senate
cannot go back of the official action of a
State Legislature in such a case as this is
easily disposedof. Therights ofthe State
Legislatures and the jurisdiction of the
U. S. Senate are clearly defined, and it
is conclusively shown that the Senate
has ample power to inquire into any ques-
ton of fraud, intimidation OF duress.
which may be raised in the election of
United States Senator. Moreover, a
majority of the Legislature are themselves
the protestants in this case.
1t is further demonstrated, and nu-
nerous presidents are quoted, that the
joint convention by which it is alleged
Mr.. Scott was elected, even if said cleo
ton were otherwise legal, was held un-
der fraudulent private agreement and
not under the statute, which would rem
der the election void in any event.
AS final point against Mr.. SCOTS
pretension to seat in the Senate, and
one thrown in for good measure, so to
speak, is that Mr. Scott at the time of his
alleged election was not an INHABIIANTo of
this State, and therefore not eligible.
There is no question that Mr.. Scott in
tended to maintain his residence in West
Virginia, but there is decided legal diff
ference between RESIDENT and an IN
HABIrANT as the term is used in the Con-
stitution. That the Constitution intend
ed to make decided distinction between
the two terms is plain from the fact that
resident" was stricken out and "inhab-
] liant substituted. There are a vast
number of legal decisions on this point.
| The ablest of constitutional lawyers, such
as Daniel Webster and Tucker of V1r-
ginia, all agreed that man holding Of
fee in Washington, while citizen OF the
State from which he was appointed, lost
his inhabitancy and therefore under the
Constitution would not be eligible to cleo
ton as United States Senator. The dis
tinction in the cases of Congressman and
Senators, who although they may reside
in Washington for the sessions of Con-
gress. are always in close touch with the
people and affairs of their several States,
is made plain and the difference is clearly
drawn between these and appointees IN
der the federal Government, who must
live in Washington and whose terms of
office are indefinite.
Although the rulings on the latter point
are conclusive. it is the least important
of the many reasons given why Mr.. Scott
was not entitled to seat in the United
States Senate from West Virginia,
There can be no question on the point
at issue and there is little doubt, unless
influences are broughtt to bear not resting
on legal merits of the case, that Mr.. Scott
will be turned down not only by the Com
mittee on Privileges and Elections, but
by the Senate itself Wheeling Register
<--
We return thanks to Mr.. H. ". Dorsey
for a copy of the handsome menu card
prepared for the recent banquet of the
Charles Town Society in New York. In
addition to the menu and list of toasts, it
is ornamented with handsome picture
of blizzard scene taken here last winter,
looking westward on Washington street
from the courthouse, and contains the
following contribution from the gifted
bard of Rion Hall :"
CHARLES TOWN BOYS
ITO the tune of Auld Lang syne.I
BY non. d. b. LUCAS.
All hal! let heart and hand unite
And many cup be scored,
When Charles Town boys renew their plight,
Around the festive board,
CHORUS.
For Aud Lang syne, m, dear,
For Auld Lang Sync,
! Wen take a cup o. Kindness vet