West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1893-09-21
A Writ OF Mandamus Granted by the
Circuit Court Compelling the
County Court to Record
Its Proceedingss

| nohth"f OtCfhg hfs ~. AMI maIIln,
who is also the Superintendent Of
the L. x. & +. Railroad, deyotes
much of his time TO the manage
ment of the road and other private
interest, while the business Of the
county has long been neglected
thereby, although he is paid a
handsome salary and enough to
justify him devoting all his time to
the duties of the office, as it was
expected he would when elected by
the people to this very important
position. There are lots Of other
good men equally as we'll qualified,
who would be glad to do so if they
had tho chance. If Mr.. Martin can
engage IN other business, without
fieglecting that of the county, moth
ing would DO said about it and the
present trouble would not have
been caused.
The trouble now is, that no re-
cord was made OF the proceedings
OF the July term of Court, which
was the Levy Term and the most
important of the year. The law
requires the proceedings of the
Court to be entered in the Record
Books and approved by tho Court
and signed by the President thereof
before adjournment. This was not
done, and the proceedings have not
been entered yet, and the question
now is whether it would be legal for
the Clerk to record what was done,
even if he can, and whether the
President would have any right to
sign such records now.
The States Attorney, Mr.. ID. NJ.
Wotring, has been trying to get the
County Court and the Clerk to
conform to the law and urged that
the records be properly kept, but
no attention was paid to him, and
he finally gave notice that if it WAS
not done by September 18th he
would ask for a mandamus COM
polling it. AS no heed was given
this, he proceeded to do as he said
ne would, and the following order
was granted by Judge Hoke in. the
Circuit Court here last Friday
State of West Virginia by ID. NJ.
Wotring, Prosecuting Attorney, VS.
County Court Of Preston county.
Rule for mandamus requiring the
Court to show cause why it did not
cause q record of its proceedings at
IT'S July term, 1893, to be entered
from day to day while in session,
and why it did not enter Of record
all its proceedings before its final
adjournment, as required by law,
and further to snow cause why il
does not in all cases make up the
records each day and enter the same
and have the President of the Court
sign the records while the Court is
In session.
Our lawyers are of the opinion
that no county taxes can be collect.
ed this year, since the orders of the
Court laying the levy has not been
recorded aud the time for so doing
now having expired, it leaves the
county in bad shape. The State
tax and School tax having been
regularly made and recorded by
other bodies are Of course all right
and can be collected, but it is very
doubtful il the county tax can be
legally collected, and a number Of
our heaviest tax payers have de-
clared their intention of refusing to
pay any county tax for this year
until a test case can be made, and
arrangements are already being
made to test the matter in the
Courts by one or two of our heaviest
tax payers. As the County Court
increased tho levy for county pur-
poses to IS cnnfs on the hundred
dollars valuation, and the times
being very hard and aoney scarce,
it seems like a ProvideRtial inter
position on behalf Of our already
over taxed people. The President
of the Court, DIR. Mason Watson.
has been here during the past week
consulting the States Attorney
about what to DO and wanting to
have the records entered ID and
signed now, but az IL would not be
legal OF help the matter any, Mr..
WotnRg refuses 10 allow it done
til the mandamus proceedings can
be tested. Altogether, il is q bad
muss and just what we bave been
expecting for some time, aud warn
ed the President Of the Court
against IL about two months aoo.
here Ia orir offieo. ono dotf offe. -,