Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-01-11
WILL MAKE A FIGHT
COUNSEL FOR LOUIS DELBRUGGE TO GO
INTO COURT.
Quo Waranto Proceedings to be Instituted in Day
or Two, to Test the Legality Of
Councils Action.

There was report in very general
circulation, yesterday, to the effect that
the legality of the late action OF
Council i'll accepting the resignation OF
Ex-City Sergeant Louis Delbrugge, and
electing Robert McNicholls to the place,
was about to be tested in the Courts by
the Ex-Chief and certain Of his friends,
interested in his retention in Office, and
it was stated that bill would probably
be filed in the Circuit Court to-day.
One report had it that an in
junction would be asked for, re-
straining Chief McNicholls from
discharging the duties Of his office on
the ground that he was not eligible, in
the hope that the Police Department OF
the city government would be thereby
tied up, and prevented from discharg-
ing its functions-this not being the de-
sire of the Ex-Chief so much as it was
the hope of others who expected to be
benefited by such state of affairs
while another rumor had 1t that the
proceedings would take the form OF an
action in quo lUdrTdntO, based upon the
claim that the action Of Council was
not legal, in that it had no right to &C
cept the resignation OF Captain Del
brugge after he had given formal no.
tice of withdrawal.
Last evening reporter called upon
Col. W. w. Arnett and asked II 1t was
true that proceedings were about to be
commenced.
Eyes, sir" said the Colonel, ''it is
true. We will probably take the
matter up tomorrow"
What form will the action take?"
"We shall institute proceedings In
quo lCarTdnto, believing that the action
Of Council was not legal"
"Will any use be made OF the allega-
ton that Chief McNicholls was not elig-
ible to the Office, by reason Of the pro-
vision Of the ordinance requiring an
officer to be off the force year before
he can be candidate for the Office OF
Chief?"
"Yes, but that will merely be ineor-
porated In the bill, as a sort OF auxil-
lisry issue. The main allegation will
be that having formally withdrawn his
resignation, Council could not legally
act upon it, declare the Office vacant,
and proceed to an election"
"a suit for the salary OF Captain
Delbrugge has been suggested?"
"Yes, we thought Of that, but decid-
ed, upon reflection, that proceedings by
quo ,CdrTdnto would be the best method
OF having the action OF Council passed
upon. My convictions upon the illegal
ity Of the action of Council are very
strong, and I may add that l do not
stand alone in that matter"
THE question Of salary, OF course.
would be settled by decision upon the
point you will bring up?"
"Oh, certainly; it would carry every
thing of that nature with IL. was to
have seen Mr.. Del5rugge, Saturday,
but he sent me word that he was sick.
l expect to see him tomorrow, and then
we will go right along. / expect Mr..
O'Keefe will be associated with me, and
perhaps some one else.
1t is freely asserted that five hundred
dollars have been contributed by par
ties who desire return TO the old order
of things in police circles, and that
committee Of three has been appointed,
TO control the expenditure OF this fund
in the line of invalidating the action OF
Council in declaring vacancy and
electing new Chief. Names and de-
tails are freely spoken Of about the city,
and great interest has been aroused in
circles most concerned.