The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-04-14
THEY Will FIGHT
Coalition" Members of the Coun.
ty Commissioners Apply
TO JUDGE PAUL. FOR WRIT
or Certiorari Reviewing the Proceed
ings in the Board Which Recently
Resulted in tho Election tho Can
didatcs Supported by Five Rcpubli.
can NIcmbcrs-The Hearing of the
Matter Comes Later.

Yesterday afternoon, before Judge
PAUL. of the circuit court, Attorney w.
P. Robinson. acting for Messrs. Fritz,
Gutman and Tyson, Republican mem
bers OF the Ohio county board Of COM
missloners, who recently Joined forces
with the two Democratic members,
Messrs. stahnke and McCulloch, in OPP
position to the five Republican mem
bcrs, applied FOR writ OF certiorarl re-
viewing the boards proceedings. This
is in line with the exclusive publication.
in the Intelllgencer Of Tuesday. when
It was stated Mr.. Robinson would Instl-
tute such proceedings.
The hearing before Judge PAUL will
occur in few days. The bill of excep-
lions prepared by Mr.. Robinson was
taken to President McGregor, of the
board. for his signature. but that gem
tleman referred the attorney TO Prose-
cutting Attorney Meyer. the legal rep
resentatlve OF the board. Messrs.
Meyer and Robinson will confer this
afternoon at . o'clock, when Mr.. Meyer
will decide whether President McGreg-
or should sign the bill as prepared. The
case Is entitled Annie Driehorst Zone of
the defeated candldates) VS.. H. P. Nc
Gregor. president of the board OF COM
missioners Of Ohio county. and Is as fol-
lows:
BE 1t remembered that at meetings OF
the board Of county commissioners OF Ohio
county. West Virginia held on the 9Th,
18TH ana 18th of March and the Sd day
Oh april. In the year, 1899. the following
proceedings were had:
That at the meeting of March G, 1899,
vote was taken for the office of toll keeper
OH the wheeling and Fairmont Pike,
when resulted, exclusively OF the pres-
OF Annie Driehorst against William
Downs, Annie Driehorst receiving five
votes and William Downs four votes. Ac-
cordlnS to parliamentary rules and the
rules adopted by the said board Of county
commissioners. the president should have
felrained from voting unless there was a
lie. Before the president voted there was
no t!e. put clear majority Of one vote
LOT Annie Driehorst. 1t was then the
duty of II. P. McGregor president Of the
board Of county commissioners, TO declare
Annie Driehorst elected TO the office OF
toll Keeper on the Wheeling and Fairmont
PIKE This he refused TO do. and ordered
another ballot, which resulted In the sa me
manner as the previous ballot. to which
ruling OF the said H. P. McGrcgor an OBJ
1ection was made, which was overrulei
ana an exception taken. Exception No. -
on motion the board then adjourned.
On March Is, 1899, the board of commits
sioners Of the county of Ohio again met
NJ the court house, all the members be-
ing, present. The president stated that he
mad called the meeting for the purpose OF
holding an election Of county officers. and
decided that the election must be held in
the same order as that adopted at the
last regular meeting OF the board, and or
dered the roll called for the election of
toll Keeper on the Wheeling and Fairmont
motion. adjourned.
The board OF commissioners of the coun-
~ OF Ohio again met at the court house
on March %, 1899. which was known as
auditing day. Mr.. Moore made n motion
that the board go Into an election for
county officers. but H. P. McGregor, the
president, decided that II was not neces-
sary to make u motion; that they would
take up the election us unfinished bust
ness, and ordered that u ballot be taken
Tor toll collector on the Wheeling and
Fnirnont pike. and directed the clerk 10
call the ROLL To this action an objection
was made because no notice had been
S''N'. " iliC ilthlpeES Vi Inc BOARD That
an election would take place. which OBJ
lection was oEerruled. to which ruling OF
the sale II. =. McGreSor an exception
vas taken; exception No. - The said
II. p; McGreGor then directed the clerk
to call the roll. but at the time the vote
was taken there We're only four members
OF the board OF county commissioners
present. In addition to the said II. P. Nc
Gresor There was not. therefore. n quo
rum present. and any vote taken without
quorum was illegal and void, After
transacting other business the board re-
solved user into an auditing committee
and adjourned.
On April 3. 1899, the board of commits
sloners OF the county of Ohio again met
at the court house. all the members be.
lnS present. When the minutes of tho
meeting or March % were read Mr.. Fritz
moved moved TINT they be not approved. A vote
exclusive OF the presidents action. re-
sulysd In vote OF to 4 In favor OF Mr..
MY Fritz's motion. According to Cush-
ins's Manual (Which has been adopted by
me board and made part Of their rules
and proceedinEs);, paragraph 3, page Il,
which says: IAN officers are ordinarily
members OF the assembly, and as such on
titled to participate in the proceedings:
except That the presiding officer does not
usually engage In the debate and votes
only when the assembly Is equally d.
vldcd." II. P. McGrcgor the president
should have decided the motion Of Mr.
Fritz TO not approve the minutes of the
contrary. he decided that MIR. Fritz's mo-
tion was lost, after which he declared tho
minutes approved. to which action and
ruling or the said II. p. McGregor, presI-
ucht OF inc said board OF county commits
sloners, an exception was taken, Excep-
ton No. 81
The said Anna Driehorst, by her attor
ney, rendered tho foregoing as her bill OF
e eioS and asked that the same be
6fl hNsk
q part OF the record, which is now Accord
ingly done. -
The petition presented to Judge PAUL
by Attorney Robinson makes the fol-
lowing allegations:
Your petitioner represents that sho ia
anu anu was Rre1udiced and nggrleved by tho
Illegal ruling. action and conduct OF Tho
saiu II. 7. McGregor. as president Of the
b pOnra Vt county commissioners. and, as
ilerelnDelore set out, and assigns the fol-
lowing errors to the action and ruling OF
inc SAID board OF county commissioners:
irst1it was manifest error on the part
, Sa II; =. MeGregor. as president OF tho
uo uu OF county commissioners in not de-
Gliding that your petitioner was elected to
SAID position as toll collector at said meet
Ing OF March G. 1890.
ScSond-lt was manifest error for H. p.
William Downs for toll keeper on tho
wheeling and Fnirmont pike, cspecInllv
SO since your petitioner had been duiy
t .dm leSaily elected to tho Said position rs
mont pike mt the meeting OF March G, 1899,
a, Ihlrd-It wns error to go into mn cleo.
ton or officers on the 29th OF March. 1850.
as m,s no notice had been given to the com.
would take place on that day.
r0mrthIit was manifest error for
Mcssrs McGrcgor. Hare, Moore. Bowman
nnu McCmrdy to proceed with the clcc.
tlOn OF OfllCnrg on thu pptb H., So