The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-04-25
ADELICArs QUESTION.
Is mr.. Kimberly Legally Councilman
From The Fyurfh Ward

Is Mr.. Kimberly Legally Councilman
From the Fourth Ward.
The question that is now agitating the
minds OF the members OF the Second Branch
Of Council is, is Piiilo L, Kimberly a
member Of that body from the Fourth
ward or not?
Some months since Mr.. Kimberly pur'
chased large farm in Triadelphia district,
this county, situated near Mt. de Chantal
underlying which is large amount oI
coal. Mr.. Kimberly proposes to work this
coal and also become horny handed
granger. Accordingly, he few week:
since moved his family out to the farm and
rented his residence in Manchester. Al
the last Municipal election Mr.. Kimberly
was elected to the Second Branch from the
Fourth ward by q ronsipg majority. At the
session OF the Legislature in 1882 an act re.
lating TO the charter OF the city OF Wheeling
was amended 80 as to make 1t obligatory
on the part OF a member OF Council to re.
side in the ward from which he was
elected. ...
Mr.. Kimberly was always persistent,
regular attendant on Council, but at the
| tirst meeting, after he had removed to the
country, which was four weeks ago, his
place was vacant. But in his place was a
communication from him addressed 10 the
Branch, in which he stated that be had
moved his family to the country, but that
he owned large estates in the Fourth ward,
and that he should be there most Of his
time; that be had not as yet decided
whether his family would permanently
reside in the country; that there was a
doubt in his mind as to whether he was
entitled 10 his sent, and he asked the
Branch to decide the matter for him. The
talk over the paper that night was some
thing awiul-the bowling Of the winds
wasn't circumstance-and 1t was finally
sent to the Committee on Elections. That
was wrong step to take. The committee
Is Joint one, composed OF members from
each Branch, and those from the First,
according to usage and precedent in nu-
merous legislative bodies, have no business
10 deal with the qualifications OF member
OF the Second.
That committee endeavored to meet yes.
terday afternoon for the purpose OF deal
ing with the case, but 1t was found impos-
sible TO get quorum together. Last even
ing, Just after the Branch had been called
to order by President Hildreth, the mem.
bers were surprised to see the familiar form
OF Mr.. Kimberly edging through the big
lobby that filed the place behind the bar.
He entered the Council space and took his
old seat, looking "as large as lie and twice
rs natural" The minutes were being read.
Several reached out and shook the Great
Commoner's big right hand. The minutes
out OF the way, Mr.. Healy moved to suspend
rules and take up license applications.
At this point Mr.. Kimberly made
break. He rose and asked the indulgence
Of the Branch. He said that he was in
delicate position, and that probably to
many bis eligibility was a delicate matter.
He did not want to be understood as seek
inc or lobbying for the position OF Coun.
Gilman from the Fourth ward, but II was
something the Branch owed his constitu.
ents. 10 decide whether they had
proper representation; II not, to declare
the office he was elected to, vacant,
and proceed to elect. He appeared be-
cause he understood that the committee
10 which his case was referred had not
acted.
On motion OF Mr.. Rosenburg, the action
by which Mr.. Kimberly's case was referred
to the Committee on Elections was recon-
sidered alter considerable pow.wow as to
whether such &ction was In order.
DR.. Jspson said that he was Of the same
opiniou now that he was when the matter
was fint brought up, that the solicitor
should give his opinion on the matter
The councilmen were not lawyers, and
there were grave points OF law about the
case that should be looked into.
Mr.. Harrell thought that so long as Mr..
Kimberly had been good member and
owned property in the city, he should he
allowed TO remain. lie could sec no rea.
son in referring the matter to the solicitor.
Was he TO be "a Judge and jury|
A general conversation now took place,
while Mr.. Kimberly wrote the following
and presented It to Mr.. Healy, who Of
iered Il: 90,
Rssoired, That P. L. Kimberly be and he
il hereby decided to be fully qualified to
serve as member OF Council from the
Fourth ward, his partial removal TO the
country Notwithstanding.
Mr., Kimberly did not exactly favor re-
ferring 10 the Solicitor. SLOW Is he TO
Judge where reside2 l am the one for
that. j want this fxed 50 that there will