The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-04-04

4.
along the line he adopted at the recent
meeting Of the board. when the dead
lock was broken, and the county ,ofli-
cnrs elected. In support OF this action.
Mr.. McGregor had read yesterday
morning opinions from two legal gen
tlmen. Prosecuting Attorney Meyer and
another prominent lawyer, whose name
was withheld. Both upheld Mr.. Nc
Gregor In the stand he took that broke
the deadlock. Both opinions nre given
IN full by the Intelligencer.
" The following bills were ordered
paid:
Roads and bridges. $50 43
( nance b3l O5
General school fund. .......... 3,415 Is
Poor house and farm. $40 Is
Contingent poor fund. ......... 99S Of
Court house and Jail. GO 10
Total ACKNOWLEDGEMENTS. $751; 24 II
The sheriff returned county orders
amounting to s6.l3l Il.
The superintendent Of the county in
Z; Urinary reported cash receipts s114 &c
FOR the month CT March. In addition
he reported inmates, as follows: White
males, II; white females, 81: colored
males. .. cO.ored females. 5: total. ILL.,
Que birth and two deaths during the
month.
When the minutes OF the meeting of
March q. Cat which the several county
officers were elected). were read. Mr..
Fritz moved they be not approved. The
vote was five to five. The motion was
declared lost. and President McGregor
declared the minutes approved. He
gave for his authority the following
from the prosecuting attorney:
To the Board of Commissioners Of the
County of Ohio:
Gentlemen:-Aftera careful examin-
alton of the act passed by the legisla-
ture of the state establishing your
honorable body. the ordinance cstab-
z fishing rules of order for the govern
mcnt OF the same. including Cushing's
Manual. which Is therein adopted and
made part thereof. also the various
other manuals and works on the subject
of parliamentary law, as well as opin-
ions by the courts OF last resort of Il
few of the states. 1t Is my opinion that
the president of your honorable body
has the power to cast his vote as such
presiding officer in all cases OF 4 tie vote
to break the same; and all this. al
though he may have himself previously
member of the board.
Cushing's Manual. Sec. 243, p 143.
Roberts Rules. Sec. 49,, PIP. 1886.
50 Mich, p. 1S9.
State ex rel, VS.. Plnkerman, % Law
Reports. Ammo, $50.
Wooster VS.. Mullins. Is Law Reports,
Ammo. 69i
W. c. MEYER.
Prosecuting Attorney.
TIES was followed by the reading of
another opinion by prominent mem
Der OF the Ohio county bar, who says:
Board of Commissioners: -
The board of commissioners of Ohio
county, consisting OF ten members. one
Of their number being president. divide
In voting so that the result stands five
for and five against. Il given action.
To put an end to the continuance of
such situation. which would result
In an indefinite deadlock and the tying
up Of business. the following inquiry
has been made:
May the presiding officer, having cast
one vote as member Of the board.
the result being q tie, have an addition
al vote termed the casting vote?
(a) Cushlng's Manual. paragraph 3,
page T. says: "All the officers are ordi-
narily members OF the assembly. and
as such entitled to participate In the
proceedings; except that the presiding
officer does not usually engage In the
debate. and votes only when the assem-
bly, is equally divided"
{b) BY the act Of the Legislature Gre
ating the board Of commissioners, 1t is
provided by Section that the members
shall elect one OF their number presi-
dent of the board, and that they may
enact ordinances and bylaws not in
consistent with the laws Of this state.
(c) BY Rule II, Section l. OF the
Rules and Regulations OF the Board 1t
Is provided Every member shall vote
on all questions unless excused by the
board"
(d) Rule L.. Section 1. says: "on all
roll calls the names Of the members
shall be called in alphabetical order.
except the president shall be called
last"
(e) Rule %. Section /. says: THE
rules OF parliamentary practice COM
prised In Cushing's Manual shall gov
ern the board when they do not conflict
with the foregoing rules"
% Paragraph 2i3. page 1i3, Cushing's
Manual, says: "If the members are
equally divided st then becomes the
duty of the presiding officer to give the
casting vote: In doing which he may, II
he plenSeS. give MS reaSOHs.
(g) Rules II. IL and %. and Paragraph
243, Cushing's Manual. which Is made
q part OF the boards rules, are not In
consistent with the laws Of West Vlr-
ginla.
Rule IL of the hoard says thnt the
name OF the president shall be called
last on roll calls. and to say that IL
when his name Is called the vote stands
four to five he may cast his vote with
the four and make tie. and then, rs
presiding officer, cast an additional
vote. and break the tic. may seem to
some n most unusual proposition. But.
inasmuch rs the boards rules provide
that every member shall vote on all
questions, unless excused by the board,
and rs Rule Is requires that the rules
of Cushlng's Manual shall govern when
theySdo not conflict with the rules Of
the board and one of the rules Of
Cushing's Manual which does not con-
1Iict with the rules of the board Is that
Il the members are equally divided 1t
then becomes the duty of the presiding
officer to give the casting vote, II Is
difficult to escape the conclusion that
the presiding officer. In the event of Il
tie. has the casting vote.
Rule II and Rule 25. OF the board. use
the word shall as mandatory. and Sec
ton 243, OF Cushlng's Manual. makes 1t
the duty OF the presiding officer to give
the casting vote. 1t is therefore dill
cult TO see how the presiding officer can
escape the obligation imposed upon
him. He Ia required to vote. and II his
voting makes n tie he Is required to
give the casting vote. and break the
tie.
II the presiding officer were to give
the casting vote such action would re-
suit In dIsposlng effcctually OF dead"
Iocta In tho honrd and would tend to