The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-08-10

Yesterday at 10 o. m. the board OF
county commissioners met TO consider
the charges preferred by 4 committee
Of Elm Grove citizens aud tho Ohio
Valley Trades Assembly usninss Justice
Of the Peace George Askle, who 10 aO.
,Cuvod OF malieasancs and mIsIcasance
inpttlco, collecting illegal foes, excrcis.
inR illegal jurisdiction and oil general
official mtVcortuct. The charges and
spGciicanona have been printed In full
In tho ISrELLiogyuER only.
Mr.. John J. CoplG appeared 20 sac.
tain tho charges, while Col. W. ". Ar.
uott and Col. Robert White represented
ArklA Prosecuting Attorney Howard
was also prcsent in bis capacity Of legal
GAvisor OF tho board. Only tew spec
tatoss wore on hand at the opening OF
the, session, but tho number gradually
iucHeased until tho lobby was we'll flied.
Ghe object Of tho meeting was stated
by President Dobbins, who indicated
that no was ready to hear from tho par
ties.
Colonel Arnett moved to Quash the
summons and return on tho grounds
that It was made rotnrnable 10 o spe-
ctGt session. lie said tho accused wanted
full and fair investigation. but It was
decided TO defend him on the legal
limos.
Mr. Comic said there was nothing In
tho point made. The board had
right to make this inquiry OF special
gcseicn. Tho board refused to Quash.
und Colonel Arnctt filed on exception.
He then moved to dismiss on tho
ground that tho board had no jurisdic.
ton. He rcforred to tho Justice Davis
case. in which tho circuit court decided
that tho board had nojurisdiction.
AIR. Conitf said tho board had nothing
to 90 but follow Tho statute and inVes.
tigate tho charges. Bosidos. he said, lie
beloved tho Judge who mado tho Davis
decision would to-day rcvurso il In the
light OF latcr decisions by tho supreme
court Of appeals.
Col. Arnett argued that tho board
might dismiss, but il refused 10 do so.
Another exception was taken.
Then Col. White moved to qunSh
each and every charge aud speCitca-
ton, O copy Of which Ind been served
on Squire Ankle, on tho ground that
uone Of them ailogHd anything which
under the Law constitutes nalfoasancu
OF nlsfeasRHce in otbCe nor was IL al
legged In any case that tho cot was cor.
rnptly douo. Tho colonel reviewed
tho specifications one at tlno, and
hold THAT ench was not good. lilo pro-
roeded at como tongth to shoTNt hat
technically mono OF the specifications
made case against tho accused. even il
proven. In the case Of sorR, he held tho
board was asked to try John Anderson,
mud then decide as to tho sufficiency Of
bail offered Squire Arklc. Tho remedy
Of tho alleged aggrievod parties should
DO sought in an appellate court
Mr.. ConiH answered that the whole
argument Of Colonel White was simply
that for tho board TO try these charges
was to use discretion, which was OK.
actly what tho board must do. Aslto
tho argument that 1t was not charged
that tho acts alleged we,c corruptly
lone, no said Il tho acts charged wore
acts Of corruption, then this was
sufficient. 1.-THE justice had made ovor.
charges OF costs, his docket compared
with tho legal foes named in tho code
would show tho iact Mr.. Conitf held
also that decision OF tho circuit court
legally binds a Justice Of the peuco. Ho
referred 10 ono or two specifications,
and held that they did constitute
oGonsns which would subject tho nc.
cusoti to DO removed from office.
Colonel Arnctt sGid in his judgment
the specifications werc not good. When
tho issue was reached he expected to
show that tho charges wero untrue lie
held, however, that they wcre not spo.
cincnlly made, and that il an inquiry
worc madc undor thcm II would DO elm.
pIv a dec!eion by each membor OF the
board rs to whether Squire Ankle had
conducted himself as the individual
momber thought Justice ought TO con-
duct himself. The colonel argued fully
the Idea that tho charges did not fully
and plainly" ndviso tho accused Of tho
details Of tho alleged oGcnses, and no
would not be ablo to retutc the charges
for this reason. There was no charge.
6dIlO vi incompetence sINRISSV VI
duty, habitual drunkenness or gross
immortality. Tho only charge was
official misconduct. A Justice Gun.
not DO removed from otlcp or
successfully sued for making a
miatako. 10 must simply deter.
mine tho issue according to his best
Judgment. Some member Of tho board
may believe tho justice erred in his
Judgment; but aupnoSe au appeal should
be taken and the higher court should
decide that tho justice was right aud
YOU worc wrong. The colonel cited soy.
oral cases to show that thcro Ia wide di.
ycrgenco OF opinion as TO constructions
Of law, ono in which Judge Boyd aud
Judge jacob, on the circuit bonch at tho
same time, decided the same point di.
roctIy opposite 10 each other. 1t must
DO shown, nc said, that tho accused per
formed thcsc acts wiltuIly, knowingly
ond lhorofnTo COrrnnkiV Tho colonel