Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-01-29
BY HON. JOHN IT. McGRAw OF HIS
CONTENTION IN THE CASE
AGAINST N. ID. SCOTT.
THE VICIOUS RESULTS SHOWN
OF THE APPLICATION OF THE CON-
TENTION OF SCOTS COUNSEL.
The Republican Principle Once Es-
tabIished, 1t May Return to
Plague Senator EIkins When He
Seeks a Re-EIection-Mr. McGraw
Announces That He is in the
Fight to Stay-His Personal state
ment to the Register.


WASHINGTON, D. c., January Is
The reports of yesterdays proceedings
before the Senate Committee on Privi-
leges and Elections, published in to-
days papers, contained the first full
account of the Scott-McGraw contest
case which has been published in this
most Immediately revealed on the
points at issue. From the remarks of
leading men of both parties tonight
it is gathered that little surprise
would now be excited if the unconsti-
tutional action of the West Virginia
Legislature, on the part of extreme Re-
publican partisans, resulting in the
claimed election of Scott, would cause
the present contest case to rank in evil
notoriety with hat of Quay, of Penn
sylvania.
Among Democrats of prominence but
one sentiment was expressed, and that
was one of
Extreme Satisfaction.
1t is realized that whatever the verdict
of the Senate committee and after
wards the Senate may be the result of
the complete exposure of Republican
machine methods in the State cannot
but cause revulsion of feeling on the
part of the better element of the party
in the State. From the present out
look the case bids fair to play a by
no means inconspicuous part in the
coming national campaign.
MI. Bryan, who is to-day in Wash
ington, sent early this morning for Mr..
McGraw. They were together the
greater part of the forenoon.
While Mr.. McGraw could say moth
ing about what happened during that
time, he authorized tonight for the
first time since the case against Scott
has been before the Senate committee
an interview enunciating his position
in the case. This he dictated for the
Register, and it may be considered
authoritative He said:
81 began this fight as soon as the
president of the joint assembly of the
Legislature of the State of West Vir-
ginia arbitrarily declared that forty
eight votes cast for N. B. Scott consti-
tuted a majority of the ninety-seven
constitutionally elected members of the
West Virginia Legislature, and
Shall Continue the Fight,
it matters not what court, tribunal or
political influence shall assert con-
trary to the propositions l make in my
contest. If the contention of Senator
Faulkner, who constituted Senator
SCOTS only counsel, and as such pre-
scented this case, be true, then the West
Virginia Legislature, when it zones to
elect a successor to Senator Elkins,
can simply by arbitrary resolution de-
clare the seats vacant, of enough Re-
publican members and the substitution
of enough Democratic members in their
stead, to make a majority by which a
Democrat can be elected to the United
States Senate to succeed Senator FL
kins as Senator. If that contention be
true Senator Quay. of Pennsylvania,
has been wasting his time in his eff
forts to induce the Senate of the United
States to seat him, when he can quietly
| go back to the State of Pennsylvania,
reconvene it's Legislature, and by a
simple resolution silence enough of his
opponents and the substitution of
enough of his partisans TO make a
majority, and thus upon the face of the
records show that he was legally elect
ed to the Senate of the United States
by a majority of the members of that
Legislature voting in joint assembly.
This is a no more radical departure
from the rules which obtain, and
should obtain in such cases, than the
i~nsistence of Senator Scott in his claim
to a seat in the Senate Of the United
| States. As | have heretofore sug-
gested,
If This RuIe Obtains
and can be regarded as the fixed pre-
cedent. or even the common law, OF
the Senate and Legislature of West
Virginia when called upon to elect a
! successor to Senator Elkins can take
its House of Delegates, which is over
whelmingly Democratic, declare the
seats of enough members vacant and
the substitution of men who are not
elected to fill these vacancies t make
a Democratic majority in the joint as
isembly. This is no more than was done
in the Scott case when the West Vir-
GINA Senate. Republican by an over
whelming majority, by a resolution sub
| stituted Norries, the defeated candi-
date, for Mr.. Kidd, the concededly
| elected Democratic candidate. II the
principle once established is justifiable
in one instance. it would be iustifiabIe
in enough instances to creat and make