Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-11-29
THEY GO TO COURT,
ir1ER fArsLr TRYING TO BtLLboiE rBI
COMMISSIONERS,
The Republicans Appeal 10 Judge Boyd for
Restraining OrdG-fhs Board Cited 70
Appear To-kOruv.

missionsrs into accepting and signing their
very one-sidsd bill Of exceptions, before
COUNSEL on the Democratic side had an OPP
portunity to give the document an exami-
nstion, the Republicans yesterday threw
down their marbles and wouldn't play,
and rushing off to the Circuis Cont, they
presented petition alleging all sorts Of
things, and ssked for and obtiined an or
der prohibiting the Board from certifying
the result of the Congressional vote in this
oounts to the Governor, and ei'iug the
members Of the Board to appear In Court
tomorrow morning, and show cause why
a writ of maadamus should ros issue,
compelling them TO admit this bill and
make it part of the record Of the pro-
ceedings.
Their bill Of exceptions is rank par
tisan document, and their petition adj
dressed 10 the Circuit Court contains ale
cations which are alleged by the OTHER side
to be in many instances incorrect, and no
do1bt they are.
In the first place, the Board Of Commits
sioners has not refused to admit bill Ct
exceptions. On the contrary, o proper bill
would have been admitted. But proper
bill was the thing the Republicans did not
want, if their wishes may bs Inferred
from their actions. Is has been stated
over and over again that the Board was
willing 10 admit bill which correctly
&c. forth the fac's, but a. there has
ot en- no opportunity to do this, because OF
the absence of counsel for Mr.. Pendletcn
from the city, it was suggested that the
matter 90 over until Monday next, when,
a full consideration Of the points at issue
having been had, the thing could have
been settled in o very few minutes. This
was entirely reasonable, and Mr.. Hugus,
of counsel for Mr.. Atkinson, acknowledged
such q course could do his side no harm,
or at least he knew If no harm which
would result. But not Hithstanding this,
the Republicans, after kicking up circus
in open Board, rushed off to Court.
Their petition to Court is about rs bad
as their bill Of exceptions. An example OF
this is afforded 10 the assertion, in 1t out
lined, that the returns as sent in by the
election officers showed msioIity on their
face for Mr.. Atkinson, in the district. AS
there was no means of knowing this until
the examination had been made, ard as
the examination showed very different
state Of affaiis, the petition is incorrect in
this respect. -,
The f.ct ie, tire Republicans, after all
their bowling about the Democrats appeal
ing to the Courts, have turned around and
stultiied themselves by doing the very
thing they alleged looked so despicab!e In
Democrats. Their action shows on IFS face
the fAlsity of their clsmor as to the elt ction
of Atkinson, and proclaims their disgust at
the result of the honest and conscientious
inspection of the returns, which has been
accorded them.
THE PETITION TO JUDGE BOYD.
The formal petition presented to Judge
BOYD il quite lopg document, maxim
probably column OF the REGISTER type.
II is signed by 7. ]. Hugus and ID. M.
Russell, attorneys for Mr.. Atkinson, the
petitioner, and is sworn to by Mr.. Atkinson
personally, before Clerk John W. Mitchell
The paper bears date of November 2Sib,
1888.
After recitiug the fact that George W.
Atkiusou, John O. Pendletou and b. +.
Myers were candidates for Congress in this
district, the p,psr say':
Your petitioner shows that as this net
result of the counting Of the votes in the
counties in the said Congressional District,
other than Ohio county, he received
plurality OF all the votes cast, and that 10
Ohio county, the said John o Pendleton
received plurality of all the votes cast for
the said office. Your petitioner shows
that the certificates of the can vassers and
commissioners of election of oil the said
counties, including the said county Of
Ohio, ehowed that your petitioner had re-
ceived plurality OF ell the votes csst for
the said Office, though the majority over
the votes received by the s,id Pendlston
was not large.
"Your petitioner farther shows that on
the 18th day Of November, 1888. the Board
of Commissioners of Ohio county me n
bers NAMED met in special session pr
the purpose of ascertaining the result Of
the bhlu 6i6CLlOu, huu buaS NhoiouPNh wy
said John o. Pendleto1 requested the said
Board Of Commissioners that the ballots
cast at the said election, in the various
voting precincts in Ohio county, should be
recounted by the said Beard. The said
Board thereupon preceded to reexamine
the said ballots, with view TO declaring
the result Of this said election in Ohio
county. In the course of the said
determination, the said Board count
ed in favor Of the said Pendleton o
number of ballots which should not proper
ly have been counted for him, aud refused
to count for your petitioner a number Of
ballots which had been by the csnvassers
and commissioners Of election, in the vari-
Gus districts, c9unted ioc your petitioner,
and which shonld have been counted for
him, and proceeded TO determine erroue-
ously that your petitioner hsd received
4,674 votes for the said Office, aud that
the said Pendletoa had received s95 VOTES
for the said Office, aud that said Myers had
received - votes for the said Office. BY
this determination the plurality which
the certificates of the said commissioners
and cauyassers had ascertsined in favor Of
your petitioner, was reduced, and the plu
rality which your petitioner in fact re-
csivs5, az he believes, was improperly and
illegally reduced"
The petition then goes on TO allege that
the Board has included said erroneous re-
suits in certain certificates, TO return 10 the
Governor, etc and then sayt:
after the said result had been agreed
upon by the said Board, aud while the
same was being entered 10 the said csrtiii-
Gates, your petitioner presented to the said
Board bill of exceptions correctly stat.
ing the facts which had occurred during
the said recount, aad requested the said
Board Of Commissioners TO cause the said
bill Of exceptions to be signed By the
President of the said Board, and made o
part of the record. But the said Board OF
Commissioners declined and refused TO
have the said bill of exceptions signed and
made part Of the record, although 30 far
ss they had examined said bill, il was not
denied that it STATED the facts, although
they pretended to adjourn the considers
ton Of IL to the next regular term ct said
Court, but said Commissioners ore proc ed
ing to prepare and sign said certifi.
L e. %