The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-06-20
Tar "Mopoo WAs.".-we pfe6en. be.

TEE "Moboc wAs.".-We pfeseht be-
low the return made by Thomas 2.
Shallcross ID the writ Of nsanda,nus nist
in the Penitentisry case, now before the
Supreme Court Of Appeals. Omitting
the title of the suit, the return is as fol-,
lows:
For return to the said mandamus the
defendant says that he has not admit
ted the said William L. Bridges TO the
Superintendency OF the Penitentiary at
Moundsville, or surrendered to him the
custody and charge thereof or OF the
prisoners confined therein. or the pos
session OF the books, papers, or other
property thereto appertaining. and tor
cause why he has not done the came he
shows to this honorable court:
l. That the said writ is not sufficient
in law. (Stricken out
2. That the Legislature OF this State,
on the 14th day Of January, 1873. pass
ed an act entitled, IAN act amending
and re-enacting section one OF chapter
fifty-six, of the code of Wet Virginia.
concerning the Board OF Public Works.,
thereby enacting that said section be
be amended and re-enacted 30 IS to
read as follows: IL. The Governor,
auditor, treasurer, superintendent OF free
schools, and attorney general, shall be
and continue a corporation under the
style of Board OF Public Works )"
and on the first day OF April, 1873,
passed another act entitled Gan act to
amend and re.enact sections two, six,
seven, fourteen and nineteen, OF chapter
l63, OF the code of West Virginia,
thereby enacting, among other things
in the last mentiene l act contained, that
there shall be Board OF Directors o
the Penitentiary, consisting OF five per-
sops appointed by the Board OF Public
Works, on the fourth day Of March or
as soon as practicable thereafter, and
that they shall each be allowed as
compensation for their services, the sum
to be fixed by the Board of Public
Works, not to exceed three dollars for
each day necessarily employed, and two
cents per mile for every mile necessarily
travelled in going to and returning
from the penitentiary by the most direct
route, and that vacancies in the Board
shall be filled, as they occur, by the
Board OF Public Works: Provided
that no two Directors shall be residents
Of the same county, aud provided fur
Their, that one Director shall reside in
the county OF Marshall, and also en-
acting thereby that the present Board
shall continue in Office until the 4th
day day of March, 1873, and until their
successors have been qualified; and by
the last mentioned act also enactlng,
among other thing therein contained,
that the Board OF Public Works shall,
on the 9Th day Of April, 1873, and every
two yeary thereafter, appoint Super
intendeut oil the Penitentlary at
Moundsville, whose term OF service
shall begin on the lst day Of May, at
ter his appointment, and who should
have the power and perform the duties
of said Office prescribed by law, and
shall receive as an annual salary not 10
exceed 81 500 at the discretion of the
Board OF Public Works, and that the
Board OF Public Works may remove
the Superintendent, and said Board may
fill any vacancy that may occur in the
Office OF Superintendent. All which.
with other things. will more fully and
at large appear by reference to said
acts, to which the defendant here refers
and which he makes part Of this his
return, as If here inserted. And the
defendant now here further shows this
Honorable Court that the ehactments
above specified were and are repug-
nant to the Constitution OF this
State and of no effect In
law. Nevertheless the persons who, on
the 18th Of April, 1873, were such Au
ditor, Treasurer, Superintendent OF Free
Schools and Attorney General, respect.
lively did, after the passage OF said acts,
and by virtue thereof, and without any
other authority or warrant therefor, as.
sumed to be and act as such Board OF
Public Works, and as such Board to
appoint the said William L. Bridges to
the office OF Superintendent OF the Pen
itentiary at Moundsville at the time
and for the term in said mandamus
specified. And the defendant further
shows to this Honorable Court. that
the said William L. Bridges never had
any other right, title, or claim to the
said office, or to the custody and charge
of said Penitentiary or Of the prisoners
confined therein. or to the possession OF
the books, papers or other property
thereto eppertaining, except under, and
by virtue OF h supposed appointment
aforesaid. Wherefore the defendant az
he lawfully might for the cause afore-
said, did refuse and still refuses to admit
the said William L. Bridges to the said
office Ct Superintendent,or to surrender
to him the custody and charge OF said
Penitensiary, OF Of the prisoners conf
ned therein or the possession OF the
books, papers or other property thereto
pertaining.