Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-01-23
Spirit Of ydfusoll.
Gharlestown, w. Va, Januarv2a,,722
TEE COUNTY ALMs-HoUsE,

For the first time, perhaps, in the history
OF the county, has the Office of ssKeeper of
the Alms>House' assumed such importance
As within the last few weeks. The Board of
Supervisors of the county, are the delegated
power of the people, and amenable alone to
them and not to as, for the discharge of duty.
In this connection, it may be proper to say,
that the old Board on the 18th of December
re-appointed Mr.. Ckas. G. Littleton ito the
post of County Farmer or Keeper of the Poor
House, for which position Capt. John Avis
was also an applicant" Thus things stood
until the 2nd Of January. when the new Board
met, and Capt. Avis chosen by a vote of to
8. Mr..L. and his friends, (and their name
seems to be legiou,} claiming that he had
been illegally aud improperly displaced, se-
cured a special meeting of the Board on Tues
day last, when the whole question was ably.
eloquently and ingeniously argued throughout
most of the day, by VIM. l.. Wilson. Esq,
for the petitioner, and Daniel b, Lucas, Esq :.
for tho respondent. As will be seen by the
proceedings of the Board in another column,
the prayer of Mr.. l.. and his Petitioners was
rejected by a vote Of 5 to 2. Thus matters
stood until Friday, when application was
made to Judge HALL for an injunction to stay
the Order of the Board of Supervisors. Jan
uary 10th. to which he responds as follows /:
C. G. Linleton, Bill
vs. PRAYING
Supervisors of L6: Co, ! Injunction.
The Constitution vests in the Board of Su-
pervisor's the superintendcnce and admins.
tration of the internal affairs and i-cnl con
Germs of the county. and the Supervisors can
not be restricted or controlled in the exercise
of q l%e.itini: tie disci. ton. Tile authority at
the Board Is absolute within It's legitinintr
sphere, and a Circuit Court or j Judge can only
in'erpose where the Board fails or refuses To
act. or acts inregularly aud unlawiully. or be.
yondsits authority and jurisdiction. Nor can
such Court or Judge interrose by proceeding
in Chancery unless the persons complaining
are without other adequate remedy
As at present advised, | incline to the
opinion thar under Sec. %. Chap. 46 of Code.
the Board had the Leynt right aud power in
the exercise of its official discretion, TO d" that
which is complained d. of as irregular and illegal.
And If in SO doing, a contract is terminated
to the damage, aud without the fault. of com
plaipant, is not the right aud discretion of the
Board still unimpaired, leaving complainant
his remedy by an action for damages-which
it is not averd or pretended would not be
ample and efficient.
But what ever may be the law upon these
points, there is no averment of any proceeds
ing, to GUST complainant of his occupancy or
possession except the order of January End,
which he may or may not respect or obey.
1fhe does not obey it. he can only be ousted
by legal proceedings, in which all the guess
tions of law and the rights OF the parties would
necessarily arise. and at the instance of either
party would be determined by a jury Gas to
facts.) So l think the Bill does not present
q case for the interpnsition Of a court ofequity
and have endorsed bill refusing injunction.
Il b. HALL.