The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-06-21
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Tas MSpoo wAn.-Yssssrday We
published the return made by Thomas
P. ShallSross, Superintendent Of the
Penitentiary, to the writ of nandamu'
nisi, issued by the Supreme Court of
Appeals in the case of the State, at the
relation of William L. Bridges, against
Thomas P. Shallcross. We present
below the petition Of William L.
Bridges on which the writ was issued:
To the Honorable Supreme Court of
Appeals Of West Virginia
Your petitioner, VIM. L. Bridges,
respectfully presents and shows that on
the 18th day OF April, 1873, at a meet
ing of the Board OF Public Works held
in Charleston, West Virginia, the said
Board Of Public Works, pursuant to
provisions OF an act OF the Legislature
OF West Virginia, passed April LIST. 1873,
entitled IAN act 10 amend and re-enact
sections Fix, seveu, fourteen and nine
teen Of chapter l63 OF the code Of
West Virginia" did on the said 18th
day of April, 1873, appoint your petit
TONER to the Office OF Superintendent
OF the Penitentiary, at Moundsville, Tor
the term OF two years, to begin on the
let day OF May, 1878, and fixed the SAL
ary OF your petitioner as such Superin-
tendenl,a at 81 500 per annum. And your
petitioner therefore. on the 2Sth day Of
April, 1873, presented to the said Board
OF Public Works tlen in session, his
official bond duly executed in the PEN
alty of ten Thousand dollars, with Geo.
R &C Floyd, johnson n. Camden and
John E. Kenna, as his sureties, condi.
toned for the faithful performance OF
his duties as provided for and required
by the eald act of the first OF April,
1873 which said bond was. On the
day and year aforesaid, by the said
Board OF Public Works approved and
accepted; and your petitioner on the
day and year aforesaid took and sub
scribed the oath of office. required OF
him by Law, before E. B. Knight a
Notary Public fer the county of Ka-
nawha, West Virginia, and filed the
same with the said Board OF Public
Works.
Your petitioner further represents and
Shove, that after he had been so ap-
pointed ard qualified as Aforesaid, to-
wit: On the first day of May, 1873, be
went to the sald Penltentiary at
Moundsville, to take charge Of the same
rs such Superintendent by virtue OF his
appointment and qualification, as afore-
said, and then and there to enter on his
official duties, and then and there de-
manded OF Thomas P. Sha!lcross, who
had been previously appointed Super
intendent OF the said Penitentiary, un-
der the laws in force at the time o. such
appointment aud then in possession
thereof by virtue OF his said appoint
ment, but whose term OF Office OF such
Superintendent had expired and been
! determined by lis own Limitation, and
the appointment and qualification Of
your petitioner as his successor, to ad-
, NIT your petitioner to the office afore-
sad and 10 surrender the charge and
custody Of the said Penitentiary. and
the convicts therein confined, and pro-
perty thereto belonging, and to turn the
same, with the books, papers and all
things belonging thereto. over 10 your
petitioner. But the said Shallcross re-
fused 10 recognize your petitioners
right IN the premises, and your petition
er was hinderei and prevented by the
said Thomas P. Sballcross, from taking
possession aTd charge thereof, and who,
Notwithstanding the expiration OF his
term Of office. and the said appointment
and qualification Of your petitioner,
continues in the possession and charge
thereof and refuses to. admit your petit
toner thereto and turn the same over
to him.
Your petitioner therefore prays that a
writ OF mandamus be awarded by your
honorable court. directed to the said
Thomas P. Shallcross, commanding
him to admit your petitioner to the
said office of Superintendent OF the Pen
itentiary at Moundsville, and to sur
render to him the custody and charge
thereof together with all couvicts there
in confined, and all books, papers and
property pertaining to said office, and
as, in duty bound, your petitioner will
ever pray, &c.
WIN. L. BRIDGES.