The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1878-01-18
County Courts vs.. County Roads.

a communication sISueu SouhSy
Roads," and entitled as above, appeared
in your issue of the 9th inst, which sug'
gests a subject deserving little venNla'
ton for the benefit of taxpayers and the
Board Of Commissioners. therefore re-
Quest space In your paper for the purpose
not of replying to that article, but OF ex-
pressing'theopinion of myself and others
on the subject suggested.
First, a brief statement OF the facts IN
regard TO the Dennison road matter.
Some time ago proceedings were insti-
tuted before the Board Of Commissioners
for the condemnation of a road through
the lands of Dennison and others. After
some preliminary proceedings, the coun-
ty surveyor made survey for the loca-
ton Of the rosd, and the land in the line
of the survey was condemned tor the pur-
pose, and Henderson,, the road surveyor,
was ordered to build the road. Hender-
son, in making the road through the
Dennison place, did not keep to the line
of survey. but varied from it in many
places. Dennisons believed that this was
done knowingly, with the malicious in
tentien of iniuring their land as much rs
possible. They therefore, after an unsuc
cess,ul effort TO have the matter rectitied
by the Board, built their fences according
10 the line of the survey. The
fences of course crossed the road as made
by Henderson in the places where it d.
verged from the survey. Henderson and
others pulled down the fences and burned
them.
Eight or ten indictments were then
procured against Dennisons on the
charge OF ohstructing county rosds. On
the trial of one OF these indictments
which was made test case, the Jury
very promptly returned verdict OF not
gully. DennIson's meantime sued Hen
derson, for pulling down and burning
their fences. On the trial of this case,
ms in the other, the jury found for the
Dennisons. Thus two Juries have de-
cided that neither the Board of Commits
sloners nor +. NJ. Henderson, can tear up
the ground ana build q road on a mans
g ound that has never been condemned,
and never been paid for: And the
Board OF Commissioners or certain In
dlvidual member thereof, who Is some
tunes known as "cOunty roads" having
procured the indictments sgsinsL DENIM
; ms, on which they were acquitted, has
pat Ohio county TO q great expense tor
costs, which will come out OF the pockets
OF the taxpayers; and this, tco IN
wicked and unlawful attempt to hsr-
rass and injure the property of molten
sive and respectable citizens otthis coun-
".
Is it the province of the "co-ord.
nate branch las county roads"
additionally calls has branch)
TO trsmple on the rights OF citizens and
Lske private property for public use
without process OF law and without conf
pensatlon? The facts above decided
show that this has been attempted, and
the object OF this article is to let the peo-
pie know IT.
Not satisfied with the verdicts of two
different jurles, or with the county being
put 10 the large amount OF costs already
incurred, Mr. j. ID. Whitman las appears
from your report OF the last meeting OF
the Bosrd) offered and passed resolu-
lions directing the Prosecuting. Attorney
10 appear in the case against Henderson,
and To appeal 1t 10 the Circuit Court.
After more costs are incurred by an I'M
successful appeal, may We expect Mr..
Whitman 10 offer resolution for the
county to pay the fine and costs adjudged
against Henderson, To do this would
be in keeping with the spirit he has
shown throughout this controversy; but
we humbly suggest that If this is at
tempted, the Board may find Itself ~
troduced to the Circuit Court in 3 way
il does not expect. Some hard-tsted
TAXPAYER may object to having bis
money go 20 the payment of fines and
costs which an individual has brought
Oh himself by his own malice and viii
fulness.
had not intended to notice any of the
urs attempted To be cast on the Judge
OF the County Court by County Roads"
Ia his article of the 9Th. But, after first
asking the pardon OF the honorable gem
tiemsn who occupies the position re-
ferred TO, j will cali attention to a single
clause OF that article: County Roads"
referring To the trial of one of the cases
heretofore spoken of, says: at Is no
mstter that these rulings and decisions
were made amidst the knowing smiles OF
attorneys, that they had led the Court
into these things contrary to their own
convictions of the law and evidence
TINS statement unhesitstlngly pro.
nounce TO be mean, malicious and con-
temptible islsehood. And l will further
say that the bench of no court OF limited
jurisdiction was ever occupied by n more
honorable, high-minded and competent
Judge than is that OF our County Court;
and that this statement will be endorsed
by every lawyer prscticing at this bar,
and by sll intelligent citizens who are
in position to speak on the subject.
TAXPAYER.