Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-01-05
Serene.

For a little time yesterday 1t looked as
though there might be some interesting
incidents growing out of the expiration
of the term of office of Justice George
Ankle, and the further fact that he was
retaining his dockets, books and docu-
ments. with an appended allegation, rumor
and report that said Ankle was actually
doing business as a Justice of the Peace,
or at least contemplated something in
that line. Investigation and enquiry APP
peared to establish it beyond successful
contradiction that Mr.. Ankle was proceed
ing according to law, but before this was
demonstrated there was something of a
furry about the Court House, and matters
went so far that the Board of Commits
sioners directed the Sheriff TO take sum-
mary possession of the public property in
the custody of Mr.. Ankle by virtue of the
office he has been holding. By four
O'Clock, however, matters had been cleared
up and the excitement was largely al
layed.
Two Justices were elected in Clay dis
trict, at the last general election, TO take
the places of Justices Ankle and Gillespy.
and where that state of facts obtains, the
law is that the County Court of the coun-
ty, which in Ohio county is the Board of
Commissioners shall designate to each
Justice going out of office which of the
two newly elected officers shall be the
successor of the retiring officer.
1t was the idea of the powers that be
that Mr.. John f. Thompson, one of the
Justices elected in Clay should succeed
Mr.. Ankle. but no such order was made
by the retiring Board of Commissioners.
on January 1st Mr.. Thompson made de-
mand upon Mr.. Ankle for the custody of
the dockets etc, which demand was not
complied with, Mr.. Ankle stating that he
was entitled to ten days time in which
to close up his books, etc, and that as
a number of papers were in the custody
of the Prosecuting Attorney and else
where about the Court House. he would
be compelled to wait. He further said
however, that as soon as possible he would
comply with the law and turn over the
property.
The following day, according to a state
ment made by Mr.. Ankle yesterday Mr..
Thompson again appeared. with an order
signed by up. =. Dobbins, President of
the Board of Commissioners" designating
the bearer as the successor of Mr.. Ankle
and asking that the papers, etc, be turned
over. The trouble about this was that
the old Board Of Commissioners had adj
CIR
Sec. 1SS Of Chapter so of the Code. which
provides for the designation of successors,
where two Justices are chosen in one dis
trict. and as the new Board had not or
gained. the order had little force or ef-
feet. Matters thus ran along as before,
and in the meantime the rumor spread
abroad that Mr.. Ankle was holding on TO
the office by main strength, and that he
was doing business, among other allega-
tons being one that he had actually tried
or attempted TO try a case yesterday morn
ing.
This was the situation when the Com
missioners met yesterday. Various repre-
sensations were made, advice secured,
etc. and as a result a proper formal or
der was passed. designating Mr.. Thomp-
son as Mr. Ankles successor. and n fur
Their order made directing Sheriff Richards
to proceed to the office of Mr.. Ankle and
then and there take possession of the pub
lie property. Armed with n copy of this
order Mr.. Richards called upon Mr.. Ankle,
where the latter soon demonstrated a
number of things. one of them being that
everything was peaceable and that the
books and papers would be turned over in
due season without bloodshed, and an
other that the Board had no right to
give the Sheriff any order to take possess
sion, and that the Sheriff could not carry
any such order into effect. 1t was further
demonstrated and agreed to- that Mr.
Ankle had not tried or attempted to try
any case since January LIST, and that he
did not propose to do so, and thus the
matter rests.
The law bearing upon the questions
thought to be in issue may be set down as
follows:
Chap. s. Sec. %: "All acts Of the Legis-
lature. codes forms. reports. blank books.
dockets. and other property of whatever
kind furnished TO any officer by authority
of law. are declared TO be the property of
the Office and shall be delivered by the
retiring officer TO his successor within ten
days after the latter shall have entered
upon the duties of his office"
Chap. So Sec. 1873: Every Justice. upon
the expiration of his term of office shall
deposit with his successor his official dock
ct. as well as those of his predecessors
which may be in his custody. together
with all papers relating to his judicial
proceedings. in their proer files and order.
and all statutes. books and papers receiv-
ed by him i'm his official capacity. 10 he
kept by such predecessor as public records
and property"
Chap. 30. Sec. 1SS: when two Justices
are elected or appointed in any district
in place OF two others, the County Court
Of the county shall declare as TO each of
those going out of office which of the trn