The democrat. [volume] (Weston, W. Va.) 1868-1874, 1874-11-02

elected Sheriff, by the election CON.
on that day, to qualify aud
give bond 10 pursuance OF tho act OF
the Legislature Of 1878, page 52G,
which motion was oyur.ruled by ma.
jOrity OF the Court. aud to which Mr.
Holt objected
The reasons were many that induced
o majority Of tho Court 10 act us they
did. Ip the first place there was no
authority oil law for them to please or
crafty the ambitious thirst OF any man
to be thrust iuto Office. Iu the second
place, the demand upon the Court, and
tho bitter aud abusive deuuncialiOns Of
being guilty oil corruption and fraud,
by outsiders, on the streets, during the
recess for dinner, was Intended TO in.
timidatO and compcl the Court to act
IN the promises, whether it intended to
do so or not. Again. Tho Sheriff Of
every county shall be the keeper Of the
jail thereor'-sre Code, chapter II,
section S4-aul The present Sheriff,
Mr.. S. l.. Hays, whose wife was upon
bed Of sickness, had no house iuto
which no could possibly move, save the
one on his farm, Is miles distant, and
the Court did not feel disposed to give
Mt, Holt tue opportunity TO throw the
proseat incumbent, (wh1 occupied the
tasemeut Of tic Court House Us resi-
deacO) into tho streets. The Court
had good reason to believe that hostile
feelings existed between tho outgoing
and Incoming Sheritfs, and to prevent
the commission OF some rash act, aud
believing that Mr.. Holt could qualify
aud enter upon tho duties of his offire
at the next term, they determined TO
adjourn uutil tue next term, knowing
that it was u lpatter Of discretion, aud
not Of law, upon which they were call.
cd to act.
Mr., Holt, finding that tho County
Court could not b. forced to iuduct
him into vi office Of which 10 has re-
ceived the cmOlumeuts since 1SGl,--
save about two proceeded to
Weston aud there obtalued from the
Jadgc mandamus against the Uouu,
~ Court to compel them to do au act
which they have never refused to do,
aud which they werO never legally
asked to do.
There is no question about the fact
that the Court FULLY intended to admit
Mr.. Holt to quality ut tho December
term; but iua,muoh as he has resorted
to the Circuit Court by nandamus to
compel them, it is but right aud proper
that III that Court lie should seek Ills
redress. Tue County Court will
cheeeriully acquiesco in whatever 20.
cisira tue Circuit Cpsrt may render in
the case.
But the question being a moOtcd ono
as to tue right OF II sheriff elected to
ill vacauuy to qualify after tho cSpi-
raIiun OF ten days from the time the
result is declared, it should DO passed
upon by tue highest tribunals OF the
state. Therefore, it IL 10 DO hoped
tIlat the case will DO lott where Mr.,
Holt has taken it, until passed upon by
that Court. Then, ii llSis not salts.
Lisd, lVI hin take it to u higher Court.
In the meantime, the present Sheriff,
Mr.. lays. will hold over until his sue.
scssOr shall qualify, give bond. &c.
It's agrcut mistake to believe that
the County Court of Gllmor county
will scare worth a cent aud manla.
mus to compel tIlcnl to do au net which
they never refused u do, will avail but
liulU.
II comes in bad taste to hear the
howl aud cry Of tho Republican party
about tue Court failing to obey the
wishes OF the people, when but few
short years ago whole townships were
thrown ont W account Of the nalus Of
Que voter belng spelled wrong, or aa
not dotted or II not crossed, whereby
they could place in oEfise Que OF their
owI party, to tho exclusion Of Tue
Democrat elect.