Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-08-31
TaE wits Of nlanddmus "a issued by the

THE writs of nuanddnlus nisi issued by the
Circuit Court, appointed the 9th June, 1859,
as the day when the Justices of the County
Court should show cause why they should not
be required to make the levy for the payment of
the interest warrants OF coupons mentioned in
the several petitions. This writ had been served
upon each Justice of the County Court excep>
ting one, who had died, after the commence
ment of the proceedings. Although the Levy
Court, at the June term, had been informed that
it was the purpose of these bondholders to sue
out these writs of Mandamus, they did not en-
ploy counsel to defend the rights of the coun-
ty, or make any other order upon the subject
than those re have already quoted they simply
repealed the order of June, 1868, declaring it
inezpedient to make the levy, and appointed
committee to negotiate with the bondholders for
the purchase of the bonds Nor does there
seem to have been any concert of action amongst
the individual justices after the service of the
Mandamus nisi. Each seemed to think it every
body's business, and, therefore, the business of
no one in particular. However, upon the return
day of the writs, the same counsel who had de-
Tended the suits against the county at the Fall
term, 1858, of the Circuit Court, brought upon
Justices He moved the court to quash the
writs: and upon this motion being over-ruled,
he demurred to the writs of Mandamus nsi, and
the petitions whereon the same were issued
The Court over-ruled the demurrer for reasons
appearing in n written opinion filed, to which
we shall have occasion hereafter more particu-
larry to refer. The counsel then fled the return
of the justices, stating the reasons why they
should not be required to make the levy mem
toned in the several writs. Without transcr-
bling this return, we shall briefly state the sub
stance, and with the more care, because it must
be taken Is embodying the reasons for the per-
sistent determination of the majority of the
members of the Levy Court to resist the paw.
ment of these Hempfeld bonds and their cou-
pons. The following are the reasons alleged in
the return:
1st "That the said Hempfeld Railroad Com
pany is not and was not joint stock company
incorporated by the General Assembly of Vir.
ginia, to construct a railroad or turnpike to the
capital stock of which the County Court of
Ohio County could lawfully subscribe on behalf
of said county, and bind the county to pay for
the same"
I'd. That no proper or sufficient notice was
given before the sense of the people was taken,
at the election on the 9Th of May 1851, upon
the proposition to make the first subscription of
$4,000 to the stock ofthe Hempfield Railroad
Company that the order of the County Court
OF the 9Th April, 1851, required the Sheriff and
Commissioners of Election to take the sense of
the Jreetolders, as directed by the 61st chap of
the Code; when, by the 9TH sec. of the act of
March 31st, 1851, the question was directed to
be submitted to the vote of all persons qualified
to votefOr members of the General Assembly;
that 1T was true that the court, by an order of
the 9th May, 1851, but three. days before the
election, had directed the Sheriff and Commits
sioners of Election to take the vote of all per-
sons qualified to vote for members of the
General Assembly; and that, therefore, the vote
not having been regularly taken after due, pro-
per and sufficient notice, according to the act of
the 3lst March, 1851, made thirty days before
such election, the first subscription of $4,000
was not made in pursuance of law, and the
bonds issued in satisfaction thereof number from
Ito $50, both inclusive were and are invalid and
void.
Sd. 'SThat under and by virtue of the first
election held for such purpose, the persons vo-
ting only voted in favor of subscription of
said stock, to the amount of 10000 dollars
and nosmore, and thereby the power and right
of the said county to subscribe to the stock of
said company, on behalf of the said county was
exhausted, If said subscription of 100 900 dol
lars, first made, is and was valid; and so they
say, that the subscription made by the said
court, on behalf of the said county, to said
stock, IN the year 1852, was invalid and made
without lawful authority, and the said supposed
bonds No. from 151 to 800 inclusive with the
coupons attached, are void and invalid, and not
binding on them OF the county,
4th. s.rhRt both and each of the said sub
scriptions made by the said Court to the stock
of the Hemp6eld Railroad Company. of 100 600
dollars each, were more than one third of the
ountsubscribcds or to be subscribed to said
stock by others than the State: and that the
amount subscribed and to be subscribed to said
stock by others than the State did not and does
not exceed the sun, of --- to wit, the sum
of $4,000 dollars"
9th. "rhat the County Court of Ohio county
or the Justices thereof, had no authority or
power to make said supposed subscription TO
the said stock of the said Hempfield railroad
Company, and TO bind the county or the County
Court of the.county, toipay for the same at one
time, or by one installment whether such time
or credit was long or short one'
9Th. "That the said County Court of Ohio
county, or the Justices thereof, when the said
supposed bonds and coupons mentioned in said
petition were made and delivered, had no law
ful power or authority to give or deliver in pay
ment of said supposed subscription to said stock,
or by way of securing payment of the same the