Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-12-04
THn ooNTpsTED ELEcT1oN CASES.


visors met at the county seat for the purpose
of hearing the contested election cases to
which we have heretofore referred in our col
umns. The first case taken up was that of G..
Leisenring who contested the rightEof VIM.
A. Chapline to the certificate of election, as
Clerk of the circuit court of Jefferson county
The counsel of the contestant moved con-
tinuance of the case, which was refused by
the Board, and the cause came ON for final
hearing, with the following result:
1t appearing to the Board from the notice
of contest fled by G.. .LeisenriDg to the cleo
ton Of w. A. Cllapline, that he claims but
Al votes to be added to his list of voters, and
it furtherappearing to the Board from the Of
fetal returns before it that W. a. Chapliue
received majority of "A votes. and conse-
quently that no result uuiaYorable to The said
". A. Chapline or bemefrial TO tiie contestant
can be produced by the continuance of the
case or the delay of further testimony in the
case. IL ii therefore resolved that w. A.
Chapliue is declared By this Board duly elect
cd Clerk of the Circuit Court of Jefferson
County.
The next case taken pp was that OF O'Con-
nell rs. Stubs. At the last meeting of the
Board, on the count of the vote, it vas found
that there was tie between these two cnndi>
dates for the Office of Prosecuting Attorney,
and by vote the Board gave tho certificate to
Stubs. O'Connell contested, and on Tues
day last the matter was decided By the adop>
ton of the following resolution -
ResoIVed, That c. i. Stubs is hereby duly
elected to the Office of Prosecuting Attorney
for Jefferson county.
In the case of Wclshans Us. Potterfeld, be-
ing contest as to the eligibility of the re-
turned candidate for the SherifFalty of this
county, the following proceedings were had I:
ii. II. Blaekb burn, Attorney for :. w. Pot
telfield presented the following resolution to
the Board:
Joseph Welshans,
7. w. Pottcrfeld.
1t appearing to the Board that Joseph
Welshaps who now contests the election of T.
w. Potterfeld, was one of tho persons voted
for, for Sheriff, at the late election, and that
he makes this contest in his character as a de-
feated candidate in said election
Resolved, as the opinion of this Board that
it is not competent for the said Joseph Wells
hans as such to raise any question before this
Board as to the qualifications of the said r.
w. Potterfeld, and that such question can
alone be raised by one alleging and proving
himself voter at the late election
On motion the foregoing resolution was
taken up andgafter argument the President
called the Yeas and Nays. Yeas: Butler. Eos
sett and Staley. Nays: Reed, NIcCurdy aud
johnson. The President voted in the mega
tive.
The following Preamble and Resolutions
were offered by G. j. Faulkner. Attorney for
L. W. Potterfield, but were not accepted BY
the Board:
WHEREAS, The Constitution of West Vir
ginia was adopted by a vote of the people, on
the fourth Thursday of April, 1868; and
whereas, the convention which framed said
constitution, did on the 18th of February,
1863, pass an ordinance to provide for the or
ganization of the State of West Virginia,
prescribing the terms ofall persons to be cleo
ted under said constitution. but expressly con-
ferring the provisions of said ordinance ex-
clusively to the torty>eight counties then en-
Traced within this State; and whereas, the
counties Of Berkeley and Jefferson were an
ncxed to and made part of the State of West
Virginia, since the adoption of said constitu-
ton ana ordinance, and being embraced with
in the provisions of said ordinance, it became
necessary for the Legislature of the State
to make temporary provision by law, for the
election Of Sheriff., during the first constitu.
tiOnal term prescribed by said ordinance, and
such elections having been held in pursuance
of acts passed by the Legislature, and not
under the constitutional ordinance of the 10Th
of February, 1868.
Resolvcd, As the opinion of this Board.
that the 9Th Section of the 18th Article of the
constitution, does not apply to Offices created
by act of the Legislature; during the cousti
tutional term prescribed by the said ordi-
nance, as commencing on the 1st of January,
1868, and ending on the LIST of January, 1867.
heSOlved, that the election of VIM. Rush,
as sheriff of this county, for the term of one
year was not an election under the constitu-
ton of this State, but solely uader an act of
the Legislature of the State. is not affected
by any disqualifcations embraced in the con-
sttuton.
J.W. Kennedy. Attorney for Joseph Wells
hans, offered in evidence the bond of VIM.
Rush, Sheriff of Jefferson county, and a pro-
cess served by 7. w. Poterfeld, as the Depu-
ty of said Rush.
J. W.okenpedy offered the following reso-
luton: s--Na
Joseph Welsbans,.
T. w. Potterfeld.
Before the Board of Supervisors of Jeffer-
son county: 1t appearing-to this Board that
VIM. Rush is the sheriff of this county def
ferson) and has for a long time been acting as
the legally elected and qualified sheriff afore-s