Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-04-25
KINBERLY's SEAT.
Interesting Debate on the Question
Finally settled by Tabling.

InteresbInE Debate On inc VucSthOn-
Finally settled by Tabling.
Mr.. Kimberly arose, and by permission
OF the members, stated: II am now par
tial citizen OF the Fourth ward, and am
also a partial resident of Triadelphia dis
trict, and l presented a petition to this
body some time ago. which was referred TO
the Committee on Elections and City Solic-
itor, who have failed to meet and act on
it. Now, gentlemen, l owe a duty
to nv constituents, and that is q
settlement of this question. Under
the new law, any person moving
out Of the ward they are elected from,
forfeit their seat in Council from that
ward, but there is another law which has
not been repealed, and that is, this body
is the sole judge and jury Of the qualiti-
cation of its members, and l claim that
you alone have the right and power to de-
eide whether am eligible to the seat or
not, and hope that you will act on this mat
ter at once"
DR.. Jepson took the floor and stated: ~
would rather have Mr.. Kimberly as the
representative OF the Fourth ward than any
other man in the ward, for through service
with him as a member of this body have
always found him Just and energetic, but
am still of the opinion that the City Solicit
tor should report on this matter, as 1t GER
tainly hinges entirely on law point and
for one do not think this body is capable
of acting wisely on a question Of strict
law; that is what the City Solicitor is for,
and he should be consulted before this
matter is acted on; therefore | move to re-
fer the question to the City Solicitor for a
report"
Mr. imberly-I rise TO correct the gen.
tleman. This is not a matter for the City
Solicitor TO decide, but a matter for this
body TO decide. | myself am the only
person who can settle the question as to
my residence, and when | leave the city OF
Wheeling and locate permanently in the
country | will immediately send in my res
ignation. But l am not permanently To-
Gated in the country, but in the course OF a
few weeks may decide to reside there, and
when do will resign. This question Is
not for the City Solicitor, but for this body
Mr.. Harrell-Gentlemen am OF the same
opinion as Mr.. Kimberly. This body is
tie Judge and Jury of this case and not the
City Solicitor. Who ever heard OF a case in
Court being left to lawyer to decide?
Mr.. Rosenberg moved to reconsider the
action Of this body at q former meeting,
when the petition OF Mr.. Kimberly was re-
ferred to Committee on Elections and City
Solicitor, which motion was adopted. As
the former resolution was then properly
before the house, Mr.. Healy offered the
following resolution as substitute:
ResOlrcd, That T. L. Kimberly be and is
hereby declared as fully qualified as a
Councilman Of the Fourth ward, his tenn
porary removal to the country, notwith-
standing.
At this point several members wanted to
speak at once, and the chair, after little
trouble, Quoted the house, and DR.. Jepson
requested the President to ask Mr.. Kim
berly whether he resided IN the Fourth
ward or in the country. No objections be-
ing made, the President put the question.
mr. Kimberly, are you residing in the
Fourth ward or in the country
81 consider my residence being as much
in the Fourth ward as do in Triadelphia
district"
DR.. Jepson moved to strike out the latter
part OF the resolution, "his temporary re-
moval to the country notwithstanding"
Several short speeches were made pro
and con on the motion, and to settle the
entire matter DR.. Jepson moved TO lay the
whole matter on the table, which was car
ried, only two voices replying in the mega
tive. Thus the matter is at last settled,
and Mr.. Kimberly is, as he was elected, a
Councilman from the Fourth ward, and so
voted during the session.