Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1888-12-02
TALKED ALL DAY.
Ths Arguments in the Congressional Pro-
ceedDgS
HEARD BY JUDGE BOYD, YESTERDAY,
Ths Application for MandamuS the Poin
Discussed.
THE COURTS DECISION RESERVED

In Pant Two of the Circuit Court, Judge
Blvd. Yesterday morning, the argu'
uepts were commenced uro1 the sp'
rIicstion of counsel fer Mr.. Atkinson fol
writ of mandamus. Tie addresses Of
ths attorneys occupied almost the entire
dav and at the conclusion His Ho;or re-
served his decision. The csse involves
some nice points Of Constitutional law
and it is ola very interesting nature 10 Inc
leg.l fraternity.
When Court convened for the morning
session, counsel fer the Board, Nh. Ewing,
made IT ply to the rule, denying the several
allegations made by gentlemen on tne
othar side, and then moved to dismiss the
maudamus proceedings. The grounds upon
which this motion was based were want o
Jurisdiction by the Circuit Court, and upon
this matter Messrs. Caldwell and Ewing
add esssd the Curt. They took the ground
that the action of the Board Of County Com
ni.sioners in certifying the result OF the
election 10 the Governor Was merely
the performance Of a puFely minis
terial duty, and that the Circuit
Court had no power to rsv:e" tbs act'
nor sny other MOI purely judicial; that if the
act D .rformed by the Bosi d was aclclai IN
lbs nature, il had &C ed in contEaYennon
of the Constitutional provision WDleh
JorbiGs the legislature to grant to Soutty
Courts ally powers not enumerated 10 Ihe
CONSTITUTIONS; THAT the Commissioners
could not be required to keep rtco!d CT
their proceedings while acting, in special
te9s;oo as q mers carVasSing Board; that
all they were required to do was to make
ont the certificates Of election, after ascer'
tanning the result, aud traI shifting sucn
certificates to the Governor OF the stare,
AID cited, in support Of this point, iats
decision of the Supreme Ccurt OF Appsa's'
P,teet V. Commissioners of Cabell comfy,
3Oth West Virginia
MessIs. Russell and Hugus, counsel Tor
the pstitioner, c0ntrCvsrsed the position
taken by tie counsel for the Beard ard by
Mr.. Caldwell, Mr.. Russell not conclud-
ing his argument until nearly three 'ciccE;
In the course of his address he corc aded
that only tie Judicial act OF the Board couid
be passed upon in the Circuit Court.
Mr.. Ewing replied briefly to the argu
ments of the Republican counsel, and tnen
His Honor took the papers.
If the objections raised BY counsei ior
thu Board should be sustained by the
Court, it will end all interference by the
Courts with the returns Of tie canva;sins
board, but such o III Jog would not, OF
course, deprive any one who was car d.
d. te for office from cOnlsstipg another
Iight to bis Office before any proper
tribunal. In the csse of Representative
in Congress, under the Constitution OF the
United States, the place for such contest If
the House Of Representatives, which Il
entitled to Judge Of the election and quail
fcstiou of it's own members. The certh'
este of q County Court, sitting IS can
va.s,ng b,aTd, are merely fr1@a toc'G EVIL
dspce, and do not preclude contest.
As was said sb2ve, tire denial OF thu
mqndqmus proceedings will end the It'll
gation, for in making such decision. thu
Court must hold that there Is noting
compelling the Commissioners to keep
record, and with 10 record, nothing couif
be reviewed upon writ OF certiorart.