prudent to await the experiment of the operation of the Interstate Commerce law.

In 1889 Governor Wilson said: "The Inter-state Commerce Law has been in effect about two years, and experience has demonstrated the wisdom of the act. Our shippers

have received great benefit under the operation of the law." But he insisted upon a State Commerce Commission to file and prosecute complaints for the correction of abuses before the Federal Commission, and to have control of the regulation of domestic commerce. No law was passed with this end in

view.

3. Settlement of the West Virginia and Pennsylvania Boundary. In 1885 a joint boundary commission, appointed by the States of Pennsylvania and West Virginia, began the work of resurveying and marking by suitable permanent monuments, the boundary between the two States. When the work was completed a report thereof was submitted to the Legislatures of the two States, which was accepted and confirmed, thus setting at rest a long dispute. The original report, together with the field notes, and detail maps and drawings, showing every point, is filed in the office of the Secretary of State. A number of copies were printed and distributed for public information.

4. Management of the Public Institutions.-The boards of control of all the state institutions were still in the hands of men identified with the dominant political party to the exclusion of the minority. Nevertheless the general management seems to have been progressive and businesslike, and generally free from offensive partisanship.

6. United States Senator Chosen.-The Legislature of 1887 adjourned the regular session without electing a United States Senator to succeed Senator Camden, whose term expired on March 4 of that year, and without passing any appropriation bills. The Joint Assembly took thirty-five ballots for Sena

tor during the regular session. Mr. Camden had more votes than any other Democrat, but a sufficient number of his own party refused to vote for him and prevented his election; and the Republicans had not votes enough to elect. Upon the adjournment of the regular session Governor Wilson appointed Daniel B. Lucas to fill the vacancy. The Constitution of the United States says that the Governor may fill a vacancy occurring during a recess of the Legislature, "until the next meeting of the Legislature, which shall then fill such vacancy." The Constitution of West Virginia says, that when convened in extra session, the Legislature "shall enter upon no business except that stated in the proclamation by which it was called together." The failure to pass an appropriation bill made it imperative to call an extra session. The vacancy was filled. Could the Legislature elect unless that subject were included in the proclamation? The Governor thought not. So the election of a United States Senator was not mentioned in the proclamation. Notwithstanding, the Legislature met in Joint Assembly, and on the eighth ballot elected Charles J. Faulkner. Upon a contest the United States Senate decided that Mr. Faulkner was entitled to the seat.

6. Election of 1888.-The election of 1888 resulted in a close vote between the candidates of the principal parties. General Nathan Goff was the nominee of the Republican party for Governor, and Judge A. Brooks Fleming, of the Democratic party. The other Democratic candidates for the executive offices were the same as in 1884, and were elected by pluralities ranging from one hundred and sixty-seven for Attorney General to eight hundred and forty-nine for State Superintendent of Free Schools. But Goff, with his usual good fortune in politics, ran ahead of his party ticket, and on the face of the returns, as the vote was certified by the canvassers to the Secretary of State, had 78,714 votes to 78,604 for Fleming. A notice of contest was filed by Fleming alleging illegal votes cast for his competitor. Goff filed a counter

notice specifying lists of illegal votes cast for Fleming. When the Legislature met to declare the vote for state officers, a joint committee was appointed in pursuance of law, consisting of two from the Senate and three from the House to consider the contest, and with power to sit during the recess of the Legislature. The Senate was Republican and appointed two Republicans on the committee; the House was Democratic and appointed three Democrats. The Legislature in Joint Assembly had a small Democratic majority. In the meantime Governor Wilson continued to act as the State's Executive. He called the Legislature in extra session on January 15, 1890. The Joint Committee on the contest presented a majority and a minority report. The majority report, signed by the Democratic members only, counts 78,697 votes for Fleming and 78,460 for Goff, a plurality of 237 for Fleming. The minority report, signed by the Republican members alone, counts 78,792 votes for Goff and 78,652 for Fleming, a plurality of 140 for Goff. Finally a resolution was offered in the Joint Assembly declaring Fleming duly elected to the office of Governor of the State, which was adopted by a strictly party vote of 43 Democrats to 40 Republicans, on February 4, 1890. The report of the Joint Committee on the contest was not acted upon. The Legislature continued in session until the 26 of the same month, when it adjourned.

CHAPTER XIX.

FLEMING'S ADMINISTRATION (1890-1893).

1. Inauguration of Governor Fleming.-All the other executive officers of the State, except the Governor, having been reelected, took the oaths of office and continued in the discharge of their duties. Governor Wilson continued beyond the expiration of his regular term from March 4, 1889, until February 6, 1890, when Governor Fleming was inaugurated. The ceremony passed off quietly, followed in the evening by the usual society functions of a reception and ball.

2 Policy of Governor Fleming.-Among the more important matters endorsed and recommended by Governor Fleming are the following: a revision of the election laws of the State modeled after the Australian ballot system; taxation of the property of the Pullman Palace Car Company, in use in the State; taxation of cars operated in the State belonging to foreign car trust companies; taxation of the business of foreign telegraph companies so as to reach business originating in the State whether its destination was in or out of the State; limitation of the school fund (the permanent invested fund), and distribution in the future of the revenue now going to swell this fund; thorough supervision of state banks; reasonable appropriations to organize the military force of the State upon a footing of general efficiency; and, in general, a policy of legislation tending to diversify industry, to preserve the State's resources from monopoly, to foster agricultural interests, and to strengthen our institutions of learning.

3. Management of Public Institutions.-The public institutions still continued under the control of strictly partisan