The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-11-30

10 draw Hlem NV ~" NNSt w
r,udIently count on the enterprise be
uning success.
r.,nou ", Pruntytown-A somewhat
"'" Novel Case.
The readers OF the ISTELLIdEScER have
lem informed heretofore that ut the octo'
i,,4lec.ion a vote was taken in Taylor
oanty upon the question of the removal
1.-The County Seat from Pruntytown to
Grafton. The result OF that election was
.jecided majority in favor of Grafton. II
ytefyel the requisite three-fifths and
,lout one hundred more.
The statute Of West Virginia makes II
Ssluty Of the County Court, under such
+,.unstances to make q record Of the re-
rltol the election and declare the place
br, designated to be the county seat OF
he county. It seems, however, that the
COUNTY Court, now in session at Prunty-
pvp, is composed Of three members, two
Irhom are opposed to Grafton. 1t has
therefore spread the result of the election
loon its records, showing that Grafton re-
aiyeL the necessary three-fifths vote, but
N, nevertheless refused to declare that
I,re to be the county seat. n
ltis said that the Hon. B. F. Martin, who
T,sat Pmntytown, and who spent the fall
pIling the people whom they should vote
br for Congress, instead Of looking after
Se interest Of Pruntytown before it was
to late, made an argument before the
Court few days ago, in which he contend
sitha. the Court should not respect the
1al Of the people for the reason " that
tie Commissioners who conducted the cleo
TN at the Court House, and who can
rssel the vote OF the county and certified
.hensult, were not the same persons who
rre appointed by the Court to perform
thrt duty.
Itseems to be true that only one OF the
Commissioners were appointed by the
sun, but the other two were selected on
he lay Of the election in the manner pre-
shbed By law. OF course the election
prhl not fail on account OF the refusal or
Alure Of Commissioner to act. If the
te4iOn in Taylor county was improperly
unyasel aud certified, all candidates
voted for would be affected thereby. Mr..
Yrin, We believe, got about 2s majority
ia Taylor for Congress, and if it were
nxesary iOr him to rely on that vote in
Orer to hold IFS place in Congress, he
,oall doubtless maintain its legality very
Rnnuously. Mr.. Martin further claimed
1hathe Court which made the order sub
hitting the question to the people wasnot
FOperly organized. Atthe first session OF
be Court, or as soon thereafter as may be,
Tier 4 new Court is elected, the Justices
tie eqired to classify themselves for their
iutes in Court. The Taylor county Court
i would seem did classify for the
RtUmance Of their duties at the trial
vins, but failed to classify for the fiscal
taus. A petition for the removal OF a
munty seat has to be submitted to the
County Court when all the Justices shall
hN been summoned, but the court COM
ptNI Of only two. Justices and the Presi'
dent shall act upon the petition. So owhen
thepetition was submitted, the Court not
having designated any two Of the justices
SGtat that term, there was difficulty in
Otaininga court authorized to act. The
Court seing the difficulty proceeded to
'iasiiy for the rest OF their term OF office
asl the justices designated to sit at that
KIM acted upon the petition and made the
order. Mr.. Martin insists that this was
aeror. fhe be correct then the Court
Syhiling to doits duty at the proper time
Committed suicide, and however desirable
tnight be to dispose Of all County Courts
tr ielO desc, it probably would not be best
'0alow them to destroy themselves until
SINE other tribunal Is provided to take
adr places.
Nr Martin also claimed that the order
admitting the question was too indefinite,
tast it did not sufficiently describe the
Pl'e to which the County Seat are to be re
novel. The order was to remove to the
ioVn Of Grafton. Mr.. NJ. thinks the par
tralG lot OF ground should have beer
aEsl, In answer to this, it Is said that Q
t'oaty seat is located at place and not II
II The term County Seat does not mean the
@OFplat Of ground upon which the cour
house anil Jail are placed, but the town
e'yor other place ut which they are 10
ated.
Twas also claimed on behalf Of Prunty
"sL' mat the vote was not taken ~ I'M
Proper election. A vote to relocate
county seat can only be held at q regula
election for county officers. Our Orator
sends hold that this was such an election
It's certainly true that it was regula
''se'ion at which county offers were elect
ed
James Morrow and John W. SIasOr
lsqsr are in the city in the interest {
SH1ton, and will ask the Supreme, Court t.
y tOramandamust to compel the Count
:, Soot Ot Taylor to declare that place to b
iAs county seat.
Arrest OF Architect Potter.