The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-01-06


knowledge, that corrupt and illegal
practices contrary to the provisions
OF this act specifying the same. were
committed IN connection with inquiry
into the alleged facts.
III such shall be OF the opinion that
the interests OF public justice require
such judicial inquiry, he shall author
ize such an inquiry.
such petition shall be tried with.
out jury; the petitioner or petit
toner's, and all candidates at such elec
ton, shall be entitled to appear and
be heard as parties; and the court
shall have power to compel the at.
tendance of witnesses and the product
ion OF books and papers which are re-
levant and material and all the evil
dence taken shall be properly certi-
fled and made part OF the record
OF such proceedings.
az any court shall decide that any
successful candidate so petitioned
against in person or through his pol.
itical agent, had committed corrupt
or illegal practices, sufficient to mat.
terially influence the result, the elect
ion Of such candidate shall be void.
Congressman Sutherlands offense,
and only one charged by his unsec-
cessful opponent. so far as known
here. |: that Sutherland expended a
larger sum in the June primary than
the laws of the state allow, and, as
matter of fact he did, but the ann
cunt was trivial. Mr.. Sutherland's
statement filed here shows that he
exceeded the maximum by $3.50 The
corrupt practices act allows candid
ate for United States Senator to ex-
pend S75 to the county ito aid in Sc.
curing his nomination, or election. or
both. There are 80 counties in West
Virginia.
One of the main questions raised
by Senator Chiffon which Judge
James Henery Miller. Of Hinton, has
to decide is whether III the expendi-
ture OF this $3.50 surplusage Mr.Sut-
herland had committed corrupt or
illegal practices sufficient to matter
tally influence the result. Sutherland
won the nomination by over 5000 mai
GRITTY and the election by 5000. Cues
ton: Had he neglected to spend that
extra $3.50 would he have failed Of
nomination in the first place, and con
sequently election in the second?
Another main question for him to an
swer is whether "the interests Of pub
lie justice require such judicial In
uuiry" as has been asked for by Chill
ton. Judge Miller is democrat, but
his judicial reputation Is Of the high.
est.
Politicians here note in connection
with this matter that Senator Chill
ton, SO far has found nothing IN the
regular election to base his anticlp-
ated contest on. but has been compel
led to go back to the June primary
to find the most trivial or campaign
trivialities to rest his case on. They
pronounce II pickayunish. even men,
bers of Senator Chilton's own party,
and the Senator has been criticised
for showing signs that he isn't game
loser
Even since Senator chilton's de-
feat by Mr.. Sutherland there have
been persistent talk that he would try
to find something on which to base
contest. For a long time he would
not concede that Sutherland had de-
feated him by 5000, but claimed to his
Democratic colleagues that the face
of the returns showed a much smaller
lead for Sutherland. Then there
were stories from the Chiffon camp
that there was a difference OF 5000
votes between the total vote cast in
the state for president and senator,
and the question was what had be-
come OF the 5000 votes cast for presi.
dent which we're not cast for senator!
When the official returns finally be-
came public this story exploded. The
total vote cast for president was
shown to be 2S3.527, the total vote
for senator 2S2,S2S, a difference OF
only 500. On the governorship the
total vote was 2S3,SS4, or 1863 more
than the total vote for senator. The
toal vote for president in 1912 was
26S,S2S, so in four years there was
an increase in the total vote Of the
state of only 10 per cent.
The Democratic members OF the Sen.
ate have heard the complaint Of Sen.
ator Chiffon, listened to his tale OF
woe, as 1t were, passed on what he had
to offer In the way of material for a
contest and advised him that he hadn't
made case out to them. This state
4hSuL 10 vi bhc duLLOLlLy Vi q
party colleague of Senator Chiffon.
Senator Chiffon was told that his case
twas no case at all; that 1t was trivial,
vague and indefinite" He was ad-
vised to get something more tangible
and substantial before he undertook
a contest. The result of this advice,
as the West Virginians In the capital
view 1t, is Senator Chilton's striking
and startling discovery that Mr.. Suth.
erland spent $3.50 too much in his
race for the nomination.
What Senator Chiffon hopes to gain
from the action he has started, poll.
ticians here smart as they are unable
to fathom. They are reluctant to ad-
NIT that 1t is pique and not a practical
purpose behind it, but for the life of
them they can't figure out on the line
of anything else except plQue and, sore
disappointment. They admit that they
must content themselves in waiting to
see. They are not able 10 see where
in Senator Chiffon can possibly bene-
fit, Unless ii would give him satisfac>
tion in seing Mr.. Sutherland kept out
of his seat az long as court AID Senate
proceedings rau prevent ar honestly
elected man from taking 1t. They are
! T. "a,