Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-01-29
VIRGINIA ELECTION CASE.
Senate Committee Hears Objections 10 Seat
ing Nathan g. Scott in Senate.

Washington. Jan. 2S.-The Senate COM
mittee on privileges and elections met.
Saturday to hear arguments by counsel
in the case of the remonstrance against
permitting Nathan Il. Scott of West Vir-
ginia to occupy mis- seat in the Senate.
The principal objection to Mr.. Scott
was based upon the contention that he
received only IS votes, or one less than a
majority. and that he secured his cleo
ton by causing the suspension of two
members Of the Legislature who were
afterWard given seats. thus reducing the
membership from 81 to 95
Objection was also made that two OF
which he was elected, were officers in the
volunteer army OF the United States dur
ing the Spanish war. These senators
were named Getzendanner and PierSon.
They were hOldovers, having been elected
in 1886.
Both accepted commissions in the I'd
West Virginia Regiment in the summer
of 1898, and Notwithstanding this circum-
stance. entered the Legislature in the
winter of 1859. They voted for Mr.
scott. and with their votes he received AZ
votes. or ma loTity of one of the % MEM
bers Of the joint assembly then occupy
ing seats. The protesting members
claimed that. by accepting commissions
in the army. Gctzendanner and Pierson
vacated their offices as members of the
state Senate.
The friends Of Mr. Scott contest these
points. urging cause for the suspension
of the two members. and also showing
that GctZendanner and Pierson had re
signed their offices in the army before
casting their votes for Mr.. Scott for SEN
ator.
Saturdays session was devoted entirely
10 hearing the arguments Of counsel upon
the merits Of the case, it having not yet
been decided whether evidence should be
taken.
The first speaker in protest was Judge
John III. Holt OF West Virginia. He urged
that Getzendanner and Pierson were alb
sOlutely prohibited by the West Virginia
constitution from the acceptance of Office
under the federal government They had
the choice Of retaining their civil offices
or accepting the positions in the military
service. they had accepted the latter po-
SitiOn. ana thus. ipSo factO. they had va
Gated their state offices.
True the state Legislature had pro-
nounced to the contrary; but notWitn-
standing this fact. he cuntended that IL
behind the action of the state body. n
An agreement entered INTO by whIcn
the two Houses OF the Legislature an
ranged that. in the election If sehatUIi;
neither contestants nor COntestees snouii
vote. Mr.. Holt declared, was cor corfu ,h,i"
violation of the law. cnrtrar, h;nn
policy-a pitiabIe meddling with d Llsu
function 1t amounted to disfranchlseIlenS
IN twn Democratic members, VINO Wer9
afterward spared one m tnv senate anu
tbe othrr IN thr House. Thus the vote OF
H. ioiut assembly was reduced from -
to o. making Is ~ q maJ"IllH-
Frank l.. Weles. alsu 2 .'l'"'ei ~
those protesting, presen'e{h IA P,'r
mons "A hv the committee Shpulh take luz
~. .iiri. IN the case. He called at
,n n,ti tt Tho anomalous fact that. while
!, n.,g ciairued that Scott had been elect
% ~ ~ vofes. majority, those protest.
continued on page 80