Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-04-19

Ii tho Board Of Commissioners Els-
ion Matter,
FILED WITH THE CIRCUIT COURT,
BEFORE JUDGE PAUL., YES
TERDAY, AND WILL BE SET
DOWN FOR AN EARLY HEAR
ING.

ING.
The following petitions for a writ
OF mandamus, to compel President Nc
Gregor, of the Board of Commission,
ers, to sign a bill of exceptions, was
presented to Judge PAUL, of the Cir
cult Court, yesterday, and will come
up at as early day as possible.
"To the Honorable Judges of the Cir
cult Court of Ohio County, West Vir-
ginia:
1.-THE undersigned petitioners re-
spectfully represents unto your honor
that H. P. McGregor, of Wheeling,
Ohio county, West Virginia,~is Presi-
dent of the Board of County Commits
sioners for Ohio county, West Virginia,
a municipal corporation, and that at
meetings of the Board Of County Com
missioners Of Ohio county, West Vir-
ginia, held on the 9th, 18th and 18th
of March and the Sd day of April, in
the year 1899, the following proceed
ings were had:
THAT at the meeting of March 9Th,
1899, vote was taken for the Office
of toll keeper on the Wheeling and
Fairmont pike, which vote resulted,
exclusive of the Presidents action, IN
vote of 5 to in favor of Annie Dr1e-
horst against VIM. Downs, the said
Annie Driehorst receiving votes and
VIM Downs votes. According to
parliamentary rules and the rules
adopted by the said Board of County
Commissioners, the President should
have refrained from voting unless
there was a tie. Before the President
voted there was no tie, but clear ma
jority of one vote for Annie Driehorst.
1t was then the duty of H. P. McGreg-
or, President of the said Board OF
County Commissioners, to declare An
ME Driehorst elected to the office OF
toll keeper on the Wheeling and Fair
mont pike. This he refused to do ana
ordered another ballot which resulted
in the same manner as the previous
ballot to which ruling OF the SAID H.
P. McGregor objection was made which
was over-ruled and an exception taken.
Your Petitioner further represents
that at the meetings Of March 18TH, 18TH
and April Sd various proceedings were
had by the said Board OF County COM
mlssioners and certain rulings MADE by
the said II. P. McGregor, President or
the said Board of County Commission
ers, which were injurious and preJudl-
cial to the said Annie Driehorst.
Your petitioner further represents
that the said Annie Driehorst, by means
of a petition for certiorari, sought to
have the action of the said II. +. Nc
Gregor, sitting as President OF the said
Board of County Commissioners, re-
viewed by your honorable court.
your petitioner further says that he
was employed by the said Annie Dire
horst and others to take the proper le-
gal action in the matter; that he pre-
pared a petition for writ OF certio-
rari and a bill of exceptions, which
fairly stated the true proceedings which
were had at the said meetings OF March
9Th, 18th, 18th and April Sd, 1899, al
though all the objections and excep-
tons which were taken do not appear
upon the record of the said Board of
County Commissioners, as it was and is
the practice Of the clerk of the said
Board of County Commissioners to alb
breviate his record.
Your petitioner further says that by
virtue of Section 4S, Chapter 80. of the
Code of West Virginia, the said Annie
Driehorst had a right to avail herself
of any error appearing on the record,
by which she is prejudiced, without ex-
cepting thereto,
Your petitioner further shows unto
your honor that, acting as said attor-
ney, he presented said bill Of exceptions
to the said H. p McGregor, President
of the said Board of County Commits
sioners, as aforesaid, on the 18th day of
April, 1899; that the said II. P. Nc
Gregor then requested an opportunity
to consult with the Prosecuting Attor-
ney Of Ohio county, West Virginia, who
acted as attorney for the said Board of
County Commissioners, and who also
requested your petitioner to show said
bill of exceptions to the said Prosecut-
ing Attorney.
Your petitioner further showeth I'M
to your honor that on the 18th day of
April, 1899, he handed the said bill Of
exceptions to W. c. Meyer, Prosecuting
Attorney for Ohio county. West Vir-
ginia, who requested that the matter go
over, by consent of the parties, until
Friday, April 4th, at 2 O'Clock, p. M,
which was accordingly done.
Your petitioner further represents
that on Friday, April 14th, 1899, at
about o'clock p. M, he called at the
Office of the said w c. Meyer, Prose-
cutting Attorney, as aforesaid. who in
formed your petitioner that he had adj
vised the said H. p McGregor not to
sign the said bill of exceptions.
Your petitioner further says that at
that time he requested the said w. c.
meyer to point out any misstatements
of fact in the said bill Of exceptions,
and that he would endeavor to elimi-
nate same.
"Your petitioner further shows unto
your honor that the said W. C. Meyer
absolutely refused to do so, whereupon
your petitioner called at the place OF
business of the said H. p McGregor to
again request him to sign said bill of
exceptions, at which place he was in
formed that the said II. p. McGregor
was in Pittsburg and would not return
until some time during the afternoon of
Saturday, April 18th. at which time
your honorable court was not in sss-
sion.
'Your petitioner further says that on
the 18th day of April, 1899, at 2:3o
O'Clock .. m. he again presented the
said bill of exceptions to H. P. Nc