Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-08-10
THE ARKLE CASE.
PROCEEDINGS BEFORE TIE COUNTY CON-
MISSIONERS YESTERDAY.
The Charges are Read, and Col. Arnstt Offer;
Several Motions-Evidsncs Will bs
Heard on the yin.

|
several weeks ago, signed by citizens OF
Elm Grove, and endorsed by the Ohio
Valley Trades Assembly, were brought
up at yesterdays meeting of the Board.
AS was expected, no evidence was
heard, the proceedings consisting simply
of legal tilt between the opposing
counsel. The defendant appeared with
Col. w. w. Arnetu and Col. Robert
White, and John j. Coniff, ESQ.,, ap-
| peared for the prosecution.
The summons and return were read
by the Clerk, also the charges, consist
ing of eleven distinct specifications, In
| substance as follows:
\ general charge of gross official miscon-
| duct, malfeasance and mlsIeasance IN
! Office. Under this head are the specinca-
| tons
| ~ That ne agreed not to further prose-
! cute Kitty Lee on charge OF keeping
house of i'll fame, upon receipt OF GU, "
! being a case in which the justice hao noI
final jurisdiction.
(2.) That August Pestinger, Of Elm
| Grove, was charged with selling liquor on
| Sunday, and the Justice, without legal au-
thority and without having jurisdiction,
agreed, upon receipt of $3.50, TO fully &C
quit said Pestinger.
(3) That the Justice during July and
August, caused the arrest OF women
charged with keeping and lettering IN
houses OF i'll tame, and took money from
| them in lieu of bonds, and made gross anu
illegal charges.
a. That Geo. Ankle. through Constable
I'll pastinnar
! that he was charged with illegally selling
intoxicating liquors, and agreed upon pay
ment OF 50 not to further prosecute the
case.
81 That in the case of State VS.. Pool
Leonard, fined IS and costs and committed
to Jail, said Leonard was released upon
payment of So by the mother OF Leonard
o. That in April, 1884, William and
Irwin Winters were arrested on view ana
fined excessively and illegally.
a. That in May, 1894, Leonard Zogg
was arrested on view and fined 81 aDd
costs, which was afterward increased to 50
aud costs. and was committed to jail, not
withstanding responsible parties offered to
go on Zogg's bond.
(S) That Samuel Rodacker was illegally
arrested, tried and fined, about April lst.
(9.) That William Burch and others
We're illegally arrested, fined and taxed,
and Burch committed TO jail. That suose-
ouently Burch was released by proceedings
before one of the judges of the Circuit
Court, and that after said discharge. the
Justice issued commitments for others
charged alike in the same warrant.
(l0.) That in the trial of Burch and four
others, all charged jointly in one warrant,
and tried jointly at one time, the justice
taxed fees for himself constable and wit
nesses, as if separate and distinct cases
had been tried.
Ql.) That Justice Ankle accepted fees in
consideration of his failing to prosecute,
and in consideration of his failing to do his
duty Us Justice of the Peace.
After the charges were read, Col.
Arnett moved to quash the sum mons and
return, on the ground that they were
made returnable at special session.
This was promptly overruled, and an
exception taken. Col. Arnett then en-
tered motion 70 Dismiss the proceed
ings on the ground that the Board had
no Jurisdiction. This was also over
ruled and an exception taken.
A nice legal point was raised by the
second motion of Col. Arnett, point
which has never been decided. The
same point was raised in the proceed
ings against the late Justice Davis, but
Mr.. Davis died while the case against
him was pending. Section Z, OF Chap
ter Z, of the Code, provides that
"Auy county or district officer may be
removed from office for official misconduct,
habitual drunkenness, neglect of duty, or
gross immortality. Such removal, IN case
of justice of the peace" shall
be made "by the county court OF the
county"
Tits section applied to the old County
Court, having Judge upon the bench,
and all the machinery of duly consti-
tuted tribunal in full operation. In the
fulness OF time. the Legislature abol-
ished the County Court and In this
county established in It's stead
Board OF Commissioners, to
which was given, by section 9 Of
Chap. 50 of the Code, authority to "bo
and act as to police and fiscal matters, in
lieu of the County Court hersin men,
toned, until otherwise provided by
law" This is claimed by many compe-
tent persons to be the limit OF the
powers and duties of the Board, an d
that it follows that IL has no
power to remove Justice OF the
Peace for cause. On the other hand,
the same Section Q, of Chapter SO. SIM
ply gives authority to the Clerk OF the
County Court, as at present constituted,
respecting the recording and Dreser-
walton of deeds and other papers pre-
sented for record, matters OF probate,
the appointment and qualification OF
personal representatives, guardians,
committees, curators, and the settle
ment of their accounts, and in all mat
tiers relating to apprentices.
In other words, it is held that In aool-
ishing the old County Court, and defn-
ing the powers and duties of the substi-
tuted Board of Commissioners and the
present County Clerk, the Legislature
inadvertently permitted some Of the
powers of the former tribunal to fall
between che two, and that one
of the powers so mislaid, as
IL were, was the power to remove JUS
tees of the Peace. Whether this point
is well taken remains to be seen, as the
death OF the late Justice Davis prevent
ed a settlement OF the points raised be-
tween himself and the Board, after the
matter bad been carried up to the Su-
preme Court by the Commissioners.
Col. Arnett made third motion, TO
quash the charges. on the ground that
they were insufficient. This motion
was argued at length. Col. White spoke
first. He took up each Of she specifica-
tons, making the point that they
charged mistakes by Justice Ankle, but
the Board had no right TO inquire into
their legality to illegality. TO do so
would be to assume appellate jurisdic-
ton, which the Court did not possess.
The Board had authority to try de-
PENDANT for misconduct, but could not
20 beyond that. He dwelt at some
length upon specification No. II, which
he said did not specify anything. IL
did not point out In what the miscon-