Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-01-10

Interested parties Mr.. Ohlu"eh was
in the Board room, but took no part IN
the discussion.
THE DIRTY WORK DONE.
Or reassembling at p. IN. Mr.. Frlts
offered the following:
1T appearing that writ OF prohioi-
ton has been sued out from the Su-
preme Court of Appeals in the name OF
the Board OF Canvassers OF Ohio
county against Judge Campbell, one OF
the Judges of the Circuit Court OF Ohio
county.
'Resolued. That such proceeding was not
authorized by the Board OF Canvassers,
and that the Court Of Appeals be request
ed TO dismiss such writ Of prohloltlon ana
that the President of the Board take such
steps as he may deem proper TO secure
sdch dismissal"
This was adopted. Mr.. Russell, as
counsel for Mr.. 0'Kane, excepted to the
action of the Board in acting as Board
of Canvassers. lie also objected to
opening the sealed packages of ballots
formerly in the custody of Clerk Mitch
ell.
Mr.. Hubbard, counsel for Mr.. Smith,
argued in favor Of such opening AMI
counting. At the end of the discussion
Mr.. Kindleberger moved that the Board
proceed to open and count the ballots
in the sealed envelope from Union dis
trict This motion prevailed and the
envelope, which contained fourteen
ballots was opened and counted.
They showed four votes for
the Democratic Legislative ticket,
one for the Prohibition ticket, and nine
for the Republicans. The package was
then resealed, the Democratic members
refusing to endorse it, and on the call
of the roll to declare the result all the
Democrats voted no, and Mr.. Russell
taking exception to this as well as other
matters.
Mr.. Hubbard then asked that the en-
velope in precinct No. l OF Washington
district be opened and counted In the
same manner, Mr.. Hubbard remarking,
as Mr.. Russell bad observed re-
garding precinct No. of Union,
that he didn't know show they
would count out" The Board agreed,
or rather the Republican members
agreed. to take up precinct No. OF
Washington and the envelope was
opened and the contents counted as
was done In Union. The second and
last ballot, there being but two in the
envelope, had a straight mark down
through the Democratic ticket, and
there vas no other mark on any OF the
tickets except that the names OF How
ard and Blanchard were written in the
Republican ticket. Mr.. Maxwell moved
to count for the Democratic Legislative
candidates, and on a vote II stood to
). President Dobbins voting with the
Democrats. The result was read and
incorporated in the returns, Mr.. Rus
sell excepting.
In like manner precinct No. OF
Washington was taken up and the en-
velope opened. In this envelope was
letter stating that ten ballots, consid-
cred illegal by the election offices, were
sealed up without being counted. Mr..
Russell called the attention of the Board
to the fact that the ballots had not been
counted by the election officers, and
cited the Board to the fact that one OF
the reasons for the Boards opening and
counting ballots was that they had been
counted by the officers. Mr.. Hubbard
cause although they were not counted
by the election officers, they should
have been, and said il did not lie within
the province of election officers to re-
fuse to count ballot voted. The Board
resolved to count the ballots, and did so.
But four OF the ten ballots were count
ed, all being Republican tickets, but
one had the names of Brockunier and
Imhoff written in. The six ballots not
counted were held to be blank.
The net result of the whole business
was to give s. G. Smith plurality OF
three over NJ. j. O'Kane.
Mr.. McGregor. then moved that the
tally sheets be corrected.
The President asked if there was an
official tally sheet, and Ex-Clerk Pen
dleton said that because Of the manda-
mus proceedings, no official tally was
ever compiled.
Mr.. McGregor then moved that GER
tifcates be issued showing the result OF
of the vote as aScertained.
DR.. Bates ION behalf OF the Canvass
ing Board of Ohio county," had made
protest against the action OF the body,
and asked that it go on record. Mr.
Russell followed with a request that he
be allowed to draw up and present
bill of exceptions, and that no action be
taken until such bill should be settled
and signed To this Mr.. Hubbard said
the reanest was proper, but it was no
reason for delaying the issuance Of the
certificates.
Mr.. Russell suggested that 1t might
Al.
itself canvasSing board" to look over
the record OF the Court. The Circuit
Court had prohibited the Board from
acting, and there was writ pending In
the Supreme Court.
To this Mr.. Hubbard re piled to the
effec' that as MIR. Smith, who begun
the action in the Circuit Court, had
no objection, it would be all right.
Mr.. Russell retorted that the order
OF .he Court could not be thus set aside.
A controversy ensued between coun-
sci. during which Mr.. Russell, after re-
citing the legal situation, said he
thought the Board had no
right to act Mr.. Hubbard
differed radically, stating, among
other things, that that there was
nothing before the Court Of Appeals,
and never was, prohibiting the Board
from acting. As to the Circuit Court,
it could not compel this Board TO act,
but it had not prohibited it from acting,
and it ought to act, under the law"
Mr.. Russell called attention TO the
fact that there were numbers OF other
ballots which had not been as yet count
ed by any one and yet the Board was
proposing to declare result without