The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-01-10

john Anderson, constable; John W.
schrlze, A. j. Fischer, John Gardner,
Justices Of tho peace, and NJ. I. Carr,
county surveyor
Murray Brothers, the jail contractors,
reported tho jail building complete and
occupied by the county, and asked for u
settlement.
THE AFTERNOON SESSION.
Tho afternoon session OF the Board of
Commissioners was called for 9 o'clock,
bnl it was two hours later when Presi-
dent p. b. Dobbins raped the board
10 order all ten members being present.
Mr.. Adolph Fritz presented the fol-
lowing resolution, which was carried by
n yo,o Of 6 tU3, Messrs. Irwin, Vollin-
Ger aud Bates voting in the negative,
and Baird not voting:
Essolmd, That the action appearing
TO have been had on December !, De-
cember q and December %, 1892, with
reference to the defense TO three writs
Of mandamus sued out by S. G. Smith,
10 the employment Of counsel by the
prosecuting attorney and TO the serving
out OF a writ Of prohibition from the
court OF appeals, BIO rescinded.
ReS0iWd, That Messrs. Caldwell and
Russell no longer act as counsel for the
Board OF Commissioners Of Ohio county.
Rsolud, That the court Of appeals be
requested To dismiss the writ OF pro.
hi6ition sued out in the name Of the
Board Of Commissioner Of 0hio county,
from tho supreme court OF appeals Of
the state Of West Virginia, and that the
president take such steps as he may
deem proper to secure such dismissal.
ADolPn FR1Tz.
At this point Mr.. Vollinger moved
that the board adjourn; the motion was
lost.
Mr.. W. p. Hubbard S;,hg the much
expected writ Of mandamus from the
circuit court in his hand presented it
to the board. He asked that notice DO
given 10 the board OF canvassers 10 as
semble as soon as convenient.
Mr.. MCGregor moved that the Board
Of Canvassers meet in the evening at Z
o'clock. Irwin moved to amend, and
meet at 0 o'clock this morning, Ona
vote the amendment was lost by aparty
vote, too The original motion then
came up and was carried.
1t was ordered that the attorneys for
Mr. O'Kane be notified OF the meeting
otthe Board OF Canvassers. The board
then adjourned to meet at 0 o'clock
this morning. is'F
TIE WRIT.
THE STATE OF WEST VIRGINIA VS.. THE BOARD OF
COUNTY COMMISSIONERS OF OHIO COUNTY, WEST
VIRGINIA, ~
Whereas, complaint has boon made by 8. G
SUllth tn our circuit court OF Ohio county, that
upon recount Of the votes cast for members OF
the house OF delegates at tho election held on
the eighth day Of November, 1892, he. tho
tlid S, u, SMITH, did upon such recount offer to
you the snid Board OF CQnvaSsers his written
bill Of exceptions now In yonr possession, aud
G1 then uld there request you the said BG Il
lntl mako II part Oi your record. and that you,
the said Roarii Of CunvaSserS, did utterly roiuse
70 do notwithstanding tic said bill did as III
legged, Contain o true st0iOnAent Of tho business
helo's you and Of SAll parts thereof rs were I'D
nttIed Gul so:A As werS rejected, aud 81 the ok
Clptiou theHtO, and Of yUlT rrlingaon tho other
Msl,SA, tilj the eGnsnts9na thereto,
Therefore W cosllnand you, IN the name OF
Tie state Of West Virginia, 10 carefully examine
the blu Of exceptions hereinafter mentioned,
aud n you fud ihA BtAteMCn;r md facts recitcd
tArn correctly Est forth, 10 sign tho said Dill,
bulil YOU IND Anv QUO or more OF thc'state'
iacis contained with gao bill OF exceptions arc
lpcotFset, taen 70 correct the same In these re-
speeb Onl' hnl not 10 strike from the bill any
statement or fac; alleged In II II tho snnle arc
true, and 70 ado 10 The bill any omitted iGct or
statement which you doom inEtcrial ind hAy'
ing thus settled, 10 align tho BILL Of exceptions
rendered 10 you by tho said s, u, Smith OH De-
eemberG 1872. and for that purp0Se you the
,9id board shall assemble atsoon as 1t rcRsona'
bly, eau.
TAe SAID i,oard os caiyasSers shall give TO the
PARTIES mentioned or 70 their attorneys, rcUSOn'
ehlc iotlCc Of tho time when aud pace where
'hey viii settle and sign said bill
aud how you shall have executed this our
cult court, PaSt /. at tho o0urt house OF sald
coNAIN on Thursday january Y, lSJ1, returning
l9en aud there this our writ Witness, John W.
Mitchell, clerk OF our said court, this 9th daY OF
|anHHfg, 1885, j0HN ". MiTciiEti.
THE Evening SESSION.
Tho evening session csmc to order
shortly attor seven o'clock, NIossrs.
DOObns, Kindlebcrgcr Irwin, Vol.
lingor, Baird, Bates, Fritz, Maxwell,
MeGregot, Tyson present
Mr.. Fritz offered tho following roso-
,'""t WHlVll .Wuu lu9hSAd
II appearing that writ OF prohibit
lion has been sued out from tho GU.
prcmO court Of appeals with the nanle
Of tho Board Of Commlasioners OF Ohio
county against Hon. John A. Camp.
0etf, ono Of the judges OF tho circuit
court Of Ohio county,
E%oircd, That such proceeding was
not authorized bV the Board Of Com
Inssioncrs md that tho court ofGppeale
DO requested TO dismiss such writ Ot
prohibition aud that tho president OF
inc board take such stops as lio may
ueem proper 10 secure such dismissal.
Apotrn FRiTz.
Tho mute. Of tho fftoen yotoa not
counted In precinct No. OF Union was
'hell taken III.
Mr. II. N, Russell, ono oi the counsel
Tor thoold Board OF Canvassors appeared
seioro tho board aud argued that tho
yyaIloIs moi counted In precinct No.l Of
Vniou should not DO counted and Bnld
aInonr other things the prosOnt board
should BIO cautious about opening this
lacEago Of ballots, and that tho board
mould not open tholn upon tho rcconl'
mShdatl1n oi Mr. Hubbard aloHo.
mo question, said Mr. Russell, for
.nc board to consider 10 what tho law 10
N Nle 1uOjeCt, Hp road from tho West
Virginia. code, and pAill tho board could
uoi goi any authority elsewhere. He
,,almoI rs tho ballots from No. Of
vhioh wore not In sealed packages, they
%ath therefore not DO counted, Only
ue ballots returned In scaled packages,
,Ieohlohded, could DO counted, and no
'uGe'eg 10 tito 6lhcrb bolBR counted,
"t Hubbard answered in behalf Of