The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-12-06
THE SUPREME COURT
Takes a Hand in the Recount Pro-
ceedings in Ohio County.
ERlTS OF PROHIBITION ISSUED
To Offset Judge Campbelrs Man.
damuscs.-The Question is, What
Will the Effect be?-Tho cqppty
Canvasscrs VIII Finish the Recount
To-day in All Probability.

The board OF county commissioners
will reassemble to-day as a canyassing
board, to finish the recount OF the votes
cast in Ohio county November S. 1t is
probable that the recount will be com.
pleted to-day. An interesting feature
of it will be the count on commissioner
from Liberty district. Daniel Maxwell,
Republican, beat Leroy Alexander,
Democrat, by less than half dozen
votes. Mr.. Alexander asked recount.
The canyassing board is Democratic.
Judging tho future by the past, Dir.
Maxwell will be counted out.
The following is one OF two orders
sent to the circuit court from Charles.
ton yesterday.
state Of Hes! Virginia., to-irit:
At supreme court of appeals held in Charles
ton, in kanawha county, ON the I'd day OF De-
cember, lSg1.
This day came the board Of CanvaSers OF Ohio
county. Frank Cruise, William J. Bates, ir., John
II. Hall. Luther Blayncy. Philip Noelllnger,
James Mckinley and John Koch. by Alfred Cald-
ton verified by an affidavit OF said Alfred Cald-
well, praying that writ OF prohibition be award
ed, directed TO the Honorable John \. Campbell
one OF the judges OF the circuit court OF OHIO
county, prohibiting him from proceeding fur
Their IN a mHndamus proceeding Instituted on
the 18th day OF November. ls92, upon petition Of
5, G. Smith, and from Interfering with the count
ing by sGid board OF canyassers OF thirteen bal
lots In the petition OF said ;. g. Smith. mention.
cd and described, or any OF the said ballots: or
with the recount by said board OF canvaSscrs OF
the votes cast in Ohio county for members OF the
house OF delegates ut the general election,
held IN saId county on the Slh dav
OF November, 1897, and the certifying by II Of
the result OF said election for members OF the
house OF delegates. \ duly certified transcript
of the record OF the orders made in said Hianda-
mus proceeding accompanied the petition,
marked exhibit A; which. being seen and III
Spected by the court, II is hereby ordered that
rule do issue, directed TO the Honorable John a.
Campbell, one OF the judges OF the circuit court
OF Ohio county, returnable in court ~ Charles.
ton, in Kanawhl county. on the 18th day OF
January. 1875, requiring him 10 show why the
writ OF prohibition prayed Tor should not issue;
II is therefore further ordered that service OF
an atteSted copy Of this order shall be consid-
cred service OF the rule aforesaid and that dur
ing the tendency OF the said rule all further
proceedings by the said judge OF the circuit
court Of Ohio county in the matter OF the mar
daT:us mentioned and referred 10 be stayed.
Attest: ''' o. 5. LONG, Clerk.
The other order is verbatim with this,
except that it refers to the other man
damus issued by Judge Campbell.
Under these orders the recount will
probably be completed to-day, Judge
Campbeil's orders being ignored. Law
yers, say, however, that the action OF
the supreme court OF appeals does not
relieve the canvassing board from La
bility for contempt OF the circuit court
if Judge Campbells action is finally
sustained, so that the situation is inter
esting in the extreme-or at least is liza
bic to become so hereafter.