Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-10
BILL OF EXCEPTIONS

| Taken by Attorneys for MIR. McGraw at the
Preston County Recount-Paipable Rea-
sons for Charging Irregularities
| Be it remembered that on the 18th
| day of November, 1898, the county
| court of the county of Preston, being
in session for the purpose of canvass
| ing the returns of that county, of the
election held on the Sth day of No
vember, 1888; on said day Melville D.
| Post, attorney for John T. McGraw,
one Of the Congressional candidates
| voted for in said election, appeared be-
fore the court and asked to be permit
| ted to except to proceedings heretofore
| had by said court, and to make such
motions as he deemed fit, and to ex
cept to such future actions of said
court as he should deem advisable, but
said court refused to permit him to
make any exceptions, and it refused to
f! entertain motions made by him, and
! to recognize his right to appear.
| The said court declared that its pro-
/ ceedings concerning the canvass of the
votes of said county were ex parte,
and that it would not entertain any
| suggestions from said Post, thereto,
nor would it permit any exceptions to
be placed upon its record.
! After the said court had declared the
! result of the vote upon its canvass,
said Post gave proper notice and de-
mand for a recount of the votes of
| Preston county. in behalf of said Con-
| gressional candidate, John 7. Nc
| Graw. and thereupon requested the
said court to permit him to appear and
take such exceptions to it's action as
he deemed advisable and to be per-
mitted to then and there except to the
| action of the court heretofore had, but
! the court refused to recognize the right
| of the said Post to any exceptions, or
the right to have any of his objections
| placed upon the record, or record
of them made and preserved.
| The said Court held that its pro-
| ceedings upon recount were also ex-
parte. and that the said representative
had no right or standing before the
| Court. and that it would not entertain
! any
EXCEPTIONS OR OBJECTION
| made by him, nor would it permit any
exception or objection TO go upon rec
| ord. But out OF what the Court called
courtesy. it did permit the said Post to
be present while the said votes were
receunted. although it refused to en-
| terrain any of his exceptions or objec-
lions. and it refused TO vote on or en-
terrain or make any record of the mo-
tions made by said Post.
| 1t refused to identify the ballots to
which said Post objected, and to enter
/ tain suggestions as to the invalidity
of voting precincts.
! 1t held that said Post had no legal
right before the Court and that its pro-
ceedings were ex parte, and continued
with tta count of the votes for Con-
| gressmeu under these conditions until
| 10 O'Clock a. m. on the 18th day of No
vember, 1893, at which time, under the
advies of IT'S legal counsel, the Court
| reconsidered the course which it had
| taken, and declared that its proceed
| ings were not ex parte, and that rec
| ord might be made of any exceptions
! which he had heretofore offered in
these proceedings, and any that he
might desire to make hereafter. Where
upon the said Post excepted to the ae-
ton of the Court heretofore had, and
renewed his motion to declare it's pro-
ceedings invalid, and moved the Court
to exclude from their declaration OF
the entire vote. precincts Nos. /, 2. 8,
and in Reno district; /. 2, and