The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1878-03-11
ST. CLAIRSyILLE.
Tho contested Election Case-its
Present Status and Next Move.

OF the Register.

VI tue neSlSleE.
That everlasting contested election
case is still the absorbing topic of public
discussion up here, and the matter is
daily becoming more complicated. To-
day 1t has assumed new phase and one
which is gratifying to Mr.. Wright and
his friends, while it is dispiriting to the
other side. Upon the assembling of the
Board OF County Commissioners on last
Mot day, Mr.. Barnes presented his Of
fetal bond, which was signed by w. 2.
Frazier, g. w. Carroll and Henry West
AS sureties, and asked TO have the bond
approved and accepted. The Board took
the matter under consideration until Fri
day afternoon when counsel for each of
the parties were notified to appear and
present their arguments pro and con,
which was accordingly done. Messrs. ID.
d. L. Cowen and st. Clair Kelly appear
ing for Mr.. Barnes, and Peter Tsllman
and .. J. Swsney, for Mr.. Wright. 1t
was claimed by the plaintiffs attorneys
that the decision Of Judge Okey gave
Mr. Barnes the right to immediate pos.
session of the office OF Recorder, and,
therefore it was the duty OF the Commis-
soners to accept his bond without delay so
that their client could enter upon the dis
charge of the duties of the office. On
the contrary, Mr.. Wright's attorneys
Clsimed that so long as the case
was in litigation in the Courts, Mr.
Wright could not be disturbed il his
possession OF the office; that the case
having been appealed to the District
Court, the Judgment OF the Common
Pleas could not be enforced until the Dis
trict Court decides that said judgment
shall be sustained; therefore the Com.
missioners have no right to receive Mr..
Barnes bond until the contest is finally
settled By Judicial authority. This morn
ing the Board Of Commissioners made
their decision, unanimously IN favor Of
the defendant, Wright. In their decision
the Com missioners recite that as
they have already approved the bond
OF L. q. Wright SIS County Recorder,
and q. this matter is still in litigation,
they (the Bosrd) have no right to inter-
fere as TO the rights OF either claimant,
and therefore decline TO take any action
in the premises. Mr.. Barnes and his at
torneys were greatly Chsgrined over their
defeat, but don't see how they are going
to help themselves. 1t is certain tngt
Mr.. Barnes cannot secure possession OF
the Office unless his bond be first accepted
by the Commissioners. Even if his bond
had been accepted it is doubtful whether re
is entitled TO possession OF the office while
the contest is pending in the Di.trict
Court. The Board of County COmmis-
sloners consists of ex-Judge Anderson. OF
Bellsire; l. J. Potts, of York township,
and Henry Frssher, of kirkwood town.
ship. All three are able, conscientious
and fearless men. They are Dem
ocrats, but would scorn to Go
an official act for the purpose
of obtaining any political advantage. Ii
their decision of this case they SIMPLY
decline taking any action, believing that
they have no right to do so while the
case Is pending in the Courts. Outside
OF the attorneys and few personal
friends of the claimants, there Is but
little i'll feeling manifested over this con-
test. While Mr.. Wsight hiss the solid
support of all the Democrats and large
numbers of Republicans, MIR. Barnes has
scarcely any support outside OF h's attor-
news and a few personal friends. Most
of the Republicans appear indifferent as
to how the thing terminates. The Dem
ocrsts here unite to a msn IN denouncing
Judge Okey's decision in most EN-.
phstic terms, and many Republicans
do likewise. l have never known
auy man TO become so suddenly and
thoroughly unpopular as Judge Okey
has since his decision Of the Barnes
Wright case. 1t appears that the two
hundred witnesses who came here to st.
tend the trial of this csse are TO be left in
the lurch, so far SIS their fees are con-
cerned. There seems 10 be no provision
OF law for the paying OF these witnesses,
which is rather rough on those who spent
whole week here, losing their time and
paving their board. When this comes
TO be understood by the aforesaid wit
uesses there will be some sQuesllng and
kicking, you bet! The District Court
will convene here on the Sd of April, and
then We expect to witness another sIrug-
gle over this everlasting contest. We
shall endeavor to keep the readers OF the
REGISTER posted SIS matters develop
themselves II this case.