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

The Board had q long wait or 1t, 1t
being half-past four before President
Dobbins called the body to order.
After the roll had been call
ed the following was offered
by Mr.. Fritz:
"ResolUed, That the action appearing to
have been had on December LIST, December
2lst and December 22d, 1892, with refer
ence to the defense to three writs OF man
damus sued out by s. G.. Smith, to the en-
ploymeut of counsel by the Prosecusing
Attorney and TO the suing out OF writ of
prohibition from the Court OF Appeals be
rescinded.
"ResolUed. That Messrs Caldwell and
Russell no longer act as counsel for this
Board or the Board Of Canvassers OF Ohio
county.
"Rcsolred, That the Court of Appeals be
requested to dismiss the writ OF prohibition
sued out in the name of the Board OF Can
vassers of Ohio county for the Supreme
Court of Appeals of West Virginia, and
that the President take such steps as ne
NAV deem proper to secure such dismissal"
This was adopted on call of the roll
demanded by DR.. Bates, Messrs. Fritz,
Kindleberger, Maxwell, McGregor, Ty-
son and President Dobbins voting yes,
Messrs. Bates, Irwin and Vollinger
voting no, aud Mr. Baird being excused,
he saying he wasn't prepared to vote.
A motion for recess was then voted
down by party vote, and the Board
resumed its wait on the order from
Judge Campbell.
At FIVE minutes of five Mr.. Hubbard
appeared with the writ, and read it as
follows:
'The state of West Virginia:
"T0 the Board of CdnUdSsers of the County
of Ohio, W. Va:
WHEREAS, Complaint has been made by
s. G. Smith TO our Circuit Court Of Ohio
county, w. Va, That upon recount OF
the vote cast for member of the House of
Delegates at the election held on the Sth
dav of November, 1892, he, the said s, O..
Smith. did upon such recount offer to you,
the said Board of CanvasSers, his certain
bill of exceptions now in your possession,
and did then and there require you, the
said Board of Canvassers, TO sign the said
bill of exceptions and make ii part of your
proceedings; and that you, the said Board
of Canvassers, did utterly refuse 10 do so,
notwithstanding the said bill did as al
legged contain a true statement OF
the evidence before you, and Of such
parts thereof as were admitted and such as
were rejected, and of your rulings thereon,
and the exceptions thereto, ana OF your
rulings on the other matters and the ex-
ceptions thereto.
"ThersfOre, Wecommand you in the name
of the State Of West Virginia to carefully
examine the bill of exceptions hereinafter
mentioned, and il you find the statements
and facts recited in it as correctly set forth,
to sign the said bill, but if you find any one
or more of the statements contained
within the bill of exceptions are
incorrect, then to correct the same in those
respects only, and not TO strike from the
bill any statement or fact alleged in it II
the same are true, and to add 10 the bill
any omitted fact or statement which you
deem material, and having thus settled TO
sign the bill of exceptions rendered to you
by the said s. G.. Smith on December 8,
1892, and for that purpose you, the said
Board, shall assemble as soon as it reason
ably can.
The said Board Of Canvassers shall
give 70 the parties interested or their at
torneys reasonable notice Of the time when
and place where they will settle and sign
said bill
And how you shall have executed this
our command certify to our Judge of our
said Circuit Court, Part l, at the Court
House Of said county, on Thursday, Jan
uary -, 1898, returning then and there
this our writ"
On concluding the reading of this
paper Mr. Hubbard made a few re-
marks, saying, among other things, that
a motion had been made By counsel for
the. Board to have the paper servedhpOn
aud relate to the Board whose term ex-
piref December 81, 1922, but the mo-
ton had been overruled by the. Court.
He suggested an early meeting Of the
Board of Canvassers.
Mr.. McGregor moved that thu Board
Of CanvasserS assemble at 2 O'Clock TO
examine the bill Of exceptiona, and af-
ter some debate this was agreed to by a
party vote, and the Clerk was Instruct
ed TO notify counsel for the other side.
Some amusement was created here by