The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-01-23
/. DELBRUGGE MOVES.
A Writ OF Quo warranto Sworn
Out in tho Circuit Court.
THE RIGHT TO THE CHIEFS OFFICE
To be Tried in tho Court on tho First
Of I'cbrunry-..Thc Allegations Of
tho Petitioner In Fuli--TIc Proceed.
Ing so Fnr Merely Formal and u
Matter of Course. .,..,

|
In the circuit court yesterday tho
long expected petition OF Ex-Chici OF
Police Louis DelbrugGo for writ Of
quo warranto requiring Chief Robert
McNichol to show his title to tho Office
OF city sergeant was filed in open court,
duly sworn to by the claimant, by his
attorney, Denis O'KeeiIc. In such cases
1t is only necessary to make affidavit
that things arc trro which would \if
proven establish the petitioners case,
and the writ issues rs Il matter OF
course, on the giving Of bond by the
petitioner. Bond was given in the sum
OF $500, and summons was directed to
issue to McNicAol to appear on the first
of February.
Following is the petition in full:
THE ALLEGATIONS.
Sa'e Of Irta I7yinia. Ohio County, to.rft:
In the circuit court OF said county,:
This day came Louis Delbruggc. by his
attorneys, and in open court and with
leave OF the court filed his information
in the nature OF writ OF quo rarrani0
in the name OF the state OF West Nir-
ginia against Robert I. MCNichol; and
therefore the snid LOUIS Delbruggc in
forms and gives the court to understand
and respectfully complains:
That he, tho said Louis DelbruGge,
heretofore, to-wit: on the fourth Thurs
day in January, 1891, at the general
charter election OF the city OF Wheeling,
municipal corporation OF said state, in
said county, held OH that day in said city
for the election Of officers OF said city by
the voters thereof, was duly and law
fully elected to the office OF sergeant OF
the city oil Wheeling for the term OF two
years thence next ensuing; that after
wards, to-wit: on the eth day OF Janu-
ary, 1891, before the second branch OF
the Council oil said city, he took the
oath OF office us such sergeant, and with
two sureties, approval by the said
Council entered into bond in the penal
sum oil $4,000, conditioned rs provided
by law foc his faithful discharge OF the
duties OF said office OF sergeant, and was
then and there duly, fully and lawfully
qualified rs sergeant OF said city and
vested with all the powers and duties Of
said office, and did thereupon at once,
to-wit: on the SAID 9th day OF January.
1891, at said city, in the said county OF
Ohio, enter upon the discharge OF the
duties and the exercise OF the powers OF
said office for the said term; and he
continued to discharge said duties and
exercise said powers, at all times there
after, until tho time OF the intrusion
and usurpation by said McNichol, here
matter mentioned. Ea
And said Louis Dclbrugge further,in-
forms the court and gives it to under
stand and respectfully complains that
afterwards, and while said Delbrugge
was rightiully and lawfully discharging
the duties and exercising the powers OF
SAID Office OF sergeant OF said city OF
Wheeling, the same being a. public
Office, to-wit: on the 18th day OF Deem
Der, 1891, at the county and city afore-
said, the said Robert T. McNichol unlaw-
fully and without any light intruded into
ana usurpcd the said office OF sergeant
OF the city OF Wheeling, and since and
still declares that he is rightfully;cn-
titled thereto, and has since prevented
and does still prevent said Delbrugge
from discharGinc the duties and exercis-
ing the powers thereof, but that said
McNichol is unlawfully and without
right discharging such duties and excr-
cising such powers.
And said Delbruggc also alleges that
said McNichol was deputy sergeant OF
said city under said Delbrugge and dur
ing the lattcr's term OF Office aforesaid,
from the said 9th day OF January, 1891,
until about the end OF August or begin
ming OF September, 1891, when he re-
signed said Office OF deputy sergeant.
The said Louis Delbrugsc therefore
says and AYERS that the said Robert T.
McNichol is in nowise entitled to said
Office OF sergeant Of said city, and prays
that by the judgment Of tho court said
McNichol may be removed from said
Office and fined and nmerccd for his
unlawful intrusion into and usurpation
OF said office, and may BIO adjudged to
pay the costs OF this suit; and that said
Delbrugge may be allowed and awarded
such other and further remedies and
judgments in tho premises rs he Is
properly entitled to. And he will ever
pray, etc.
A SIMMONS ISSUED. Z.
This was signed and sworn to by
Louis Delbruggc, and attes ted by Denis
O'keetlc rs a notary public
This information being presented in
open court to Judge PAUL, he directed
that summons be issued. to Robert 7.
McNichol, TO appear in court on the
first day OF February at $3.50 4. M, and
defend his interests. Dolbruggc gave
bond in the sum OF $500, with W. NJ.
Handlan and John NJ. Short rs surcties.
The trial OF the case will OF course in
volvc the examination Of the technical
questions oil law growing out OF tho pro-
vision that q sergeant shall not run for
reelection alter he has served two
terms, until one term shall have elaps-
ed, and thatno deputy sergeant who has
served under q sergeant within year
shall be eligible after that sergeant has
served two terms. 1t ought to. take less
than ten minutes to establish that that
provision has nothing to do in the pres
ent situation, and inasmuch as the writ
ten resignation OF the late chief is on
file, with minutes showing thati was
submitted in pursuance OF an agreement,
the questions OF fact involved ought not
to take up more time than the questions
OF law. %. .5 !.
NOTES on NAVIGATION.
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