Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-04-14

yesterday afternoon Attorney w. F.
Robinson, counsel for Messrs. Tyson,
Fritz and Gutman, the regular Republic
can members of the Board, who object
to the course of President McGregor in
casting two votes, filed petitions before
Judge PAUL.. of the Circuit Court
stating the facts in the case, and asking
for a writ of certiorari. The docu-
ments are given in full below:
BY agreement with Prosecuting At
torney Meyer, the whole matter goes
over until 2 o'clock this afternoon.
The petition follows:
THE PETITION.
.sTo one of the Honorable Judges OF the
Circuit Court of Ohio county west VIZ
5Your petitioner, Annie Driehorst, hum
bly, represents that she Is and mas been LOT
a number Of years, a citizen ana taxpayer
in sad county residing and having resided
in the district of Richie, IN said county,
and that she is more rnan twenty-one
years of age and eligible 70 the ONCE o.
roll collector on the Wheeling and Fair-
mont Pike. in the district OF Rltcnie' IN
SAID county. 4ha.
she was, prior to the Sd day of April, lss9,
in the possession of the office of toll cor
lector on the Wheeling and Fairmont
Pike, and that she IS sun acting as say ~
said office by the Board of County COM
missioners of Ohio county. West Virginia,
and entitled to serve as such ton consciIplr
until her successor was duly ana laWIuHy
elected and qualified; that she was can
didate for reelection to said onice and
at meeting of the said Board OF Comm as
1892 was voted for as such candidate by
majority of all the said Commlssloners
entitled to vote, and as sucn canaiodte
for toll collector as aforesaid, your peu-
toner represents and alleges that she re,
ceved a majority of the legal votes, anu
was voted for by majority OF all the le,
gal and qualified Commissioners entltleo
to vote and voting at said meeting on ths
9Th day of March, 1899 as aforesalo, ana
was, by majority of the legal ana quar-
fed mmiss.oners entitled to vote at the
said election. duly and lawfully elected 10
the said office of toll collector on tne
Wheeling and Fairmont Pike in the SAID
county of Ohio, for which she was d can
didate, as aforesaid.
Your petitioner further represents and
alleges that at the said election, neld as
was entitled to receive five 90 OF the nine
80 votes that were cast previous 10 the
vote of the President OF SAID Boarq Oh
Commissioners for Ohio County, west
Virginia, whose duty it was TO announce
the result of said vote and declare your
petitioner elected. Your petitioner TUT
represents
Gregor, President of the said Board OF
County Commissioners, as aforesaid,
should not have voted at said election "a
less there was a tie, IN Whlcn ev I'm d ne
would have been allowed to cast the ue-
Gliding vote. In case there was not TIE
he should not have voted, out Simply
have declared the result OF the votes cast,
which would have shown that your peil-
toner received majority OF one vote
over her opposing candidate, or, IN otner
words that your petitioner recelneo nve
Your petitioner further showeth unto
your honor that she. was duly ana LAWFUL
ly elected to the office OF SAID Toll coleee-
clared elected to said office by the said
H p. McGregor, President OF the SAID
Board of Commissioners, and tnat she Is
injured by the acton of the said ii. +.
McGregor in refusing to declare her elect
ed, and that the said H. P. McGregor was
in error when he refused to declare her
elected
Your petitioner further represents and
alleges that at said election one VIM;
Downs, who was also candidate at SAID
meeting against your petitioner Tor the
office of toll collector on the Wheeling no
Fairmont Pike. received four (D votes ana
your petitioner five Co votes OF the lawful
votes entitled to be cast. making your Pc
titoner a ma jority of all the votes emitted
to be cast, of one vote. See Bill OF tx
1.-The next meeting of the Board was on
Your petitioner further showeth unto
your honor that the next meeting OF the
Board of County Commissioners was on
the 18th day of March, 1853, which was
known as auditing day, and that at SAID
meeting, the said Board of County Com
missioners, with the said II. p. McGregor
acting as President, unlawfully entered
into another election, at which time the
said William Downs received the votes
of Messrs. Hare. Moore, Bowman and Nc
Curdy and two votes ca from II. p Nc
Gregor who then and there illegally de-
clared the said William Downs elected to
said office
Your petitioner shows unto your honor
that the said election was illegal and UNI
authorized; that the men-2ers of said
Board of County Commissioners had no
notice that an election would take place
on March %, 1899, and your petitioner says
that she is unable to allege upon what
grounds the said election was held on the
said day or upon what grounds the SAID
III. p. McGregor assumed that he could
vote twice for the said VIM. Downs, as
petitioner is informed and charges that he
Your petitioner further showeth unto
your honor that objection was made to
the action of the said Board of County
commissioners in proceeding to an eiection
on the 10Th day of March, as aforesaid,
and that said objection was over-ruled,
to which action and ruling of the Court
an exception was taken, which exception
is here filed, marked Bill of Exceptions
No e.v e. n.t,tionor further savs ~, ..
leges that on the goth day of March, 1899,
Otto Tyson, VIM. Gutman, Adolph Fritz,
- Stanke and - McCulloch, five of
the members of the Board of County Com
m;ssioners, were not present at the time
the said election tok place. and that, con-
sequentiy, there was not a quorum of the
said Board of County Commissioners pres
ent at the time said election took place
and that the pretended election of the said
VIM. Downs was therefore illegal and
void.
"A transcript (certified) of the record of
the meetings of March 9Th, 18th and 18th,
1889, is herewith filed, marked as Exhibit
No. l, and prayed to be read and consid-
cred as a part hereof. Said record is not
the full record the clerk only making in
brief his record of what actually occurred
Your petitioner further represents and
alleges that on the Sd day of April, 1882
the said Board of County Commissioners
for Ohio County, West Virginia, met at
the court house of said county, and that
ON the said Sd day of April 1899, Adolph
Fritz. member of the said Board of
County Commissioners, objected to the APP
prevail of the minutes of the meeting of
March 70. at which meeting certain Off
GERS were alleged to have been elected
- result of the objection and motion of
Mr.. Fritz, five members. to-wit Messrs.
Adolph Fritz, VIM. Gutman, Otto Tyson,