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

stanke, and - Mecolloch, voted
to sustain the motion OF Mr.. Fritz; and
Moore, Bowman and McCurdy opposed it,
According to, Cushing's Manual. par. 3
ordinarily members of the assembly. and
as such, entitled to participate in the
proceedings except that the presiding on,
Votes on lot when be IS equally
divided it was the duty OF the presiding
officer to decide that the motion of Mr.
Fritz had carried, but; instead OF q; DONG
first cast his vote against Mr.. Fritz, which
made the vote stand six to five, or to-
tai OF eleven votes. whereas mere are are
Board of Commissioners of Ohio County,
West Virginia, and, consequently, there
should only be ten votes. as each commits
sioner is only entitled TO one vote. The
said II. P. McGregor then ruled that the
motion of Mr.. Fritz was lost, to which
action and ruling of the Court in deciding
the motion of Mr.. Fritz lost, an exception
was taken, which is herewith presented
and made part of this petition. (See
Bill of Exceptions No. 81
Your petitioner further ShOWeth unto
your honor that she is unable to furnish
certified transcript of the record OF April
3, 1883, at which time final order was en-
tered in said election proceeding, because
the clerk has not written up same CT en-
tered same IN his official record. She here
with flies brief record in pencil which
was furnished by the clerk. Same is
marked as Exhibit No 2 TO this petition.
Your petitioner further represents that
she is and was prejudiced and asgfleved
of the said H. p. McGregor, as President
of the Board of County Commissioners,
by the Illegal ruling, action and conduct
the following errors to the acton and rul-
ing of the said Board of County CommiS-
sioners:
list 1t was manifest error on the part
Of II; r McGregor as President ot n Inc
deciding that your petitioner was elected
to said position as toll collector at said
meeting of March 9Th 1889
'.2nd. 1t was manifest error for III. +:
McGregor to vote twice in the election or
VIM Downs for toll keeper on the Wheel
ing and Fairmont Pike, especially so, since
your petitioner had been duly and legally
elected to the said position as toll coz
lector on the Wheeling and Fairmont
Pike. at the meeting of March 9Th, 1893.
I'D. 1t was error to go into an election
of officers on the 10Th day of March, 1899,
as no notice had been given to the Com
missioners that an election OF officers
would take place on that day.
18th. 1t was manifest error for Messrs.
McGregor, Hare, Moore, Bowman and Me-
Curdy to proceed with the election of Of
fcers on the 10Th day of March, 1889, after
the quorum was broken. there not being
quorum present at the time the said VIM.
Downs was alleged to have been elected.
18th. 1t was manifest error on the part
of H. p McGregor. as President of the
Board of County Commissioners, in not
deciding the motion of Mr.. Fritz, made on
utes of the meeting OF March 20, as car
RED, in declaring the said motion lost and
in declaring the said minutes approved.
Your petitioner therefore prays that
Writ of Certiorari may be awarded
| her, directed to the said County Court OF
Ohio County, West Virginia, commanding
it. the said County Court, to bring into
this Court the record and proceedings IN
| this case that the actions and rulings OF
the said County Court, sitting as board
of County Commissioners, as aforesaid,
| may be reversed, set aside. and held for
! naught, and that your honor may review
the entire proceedings of the said County
| Court and render whatever judgment as
| you may deem proper according to the
! rules and principles of the lay applying to
| and governing such case, and that such
/ other and further order may be entered
| in respect thereto that may be just and
| proper, and as IN duty bound she will
Csighedj ANNIE DRIEHoRsT,
Petitioner
The above petition was duly and proper
| ly verified.
The petition for certorari was as fol-
| lows:
BILL OF EXCEPTIONS.
BE it remembered that at meetings of
| the Board of County Commissioners OF
Ohio County, West Virginia, held on the
|
| lowing proceedings were had:
THAT at the meeting of March 9th. 1893,
a vote was taken for the ofIics OF toll
/ Pike, which vote resulted exclusive of the
| Presidents action, in vote of 10 in
| favor of Annie Driehorst against VIM
| Downs, Annie Driehorst receiving votes
and VIM. Downs votes. According to
| Parliamentary Rules and the rules adopt
ed by the said Board of County Commits
| sioners, the President should have> re-
! Trained from voting unless there was a
| tie. Before the President voted there was
no tie, but clear majority of one vote
| for Annie Driehorst. 1t was then the duty
of H. P. McGregor, President of the Board
of County Commissioners. TO declare An
ME Driehorst elected to the Office of toll
keeper on the Wheeling and Fairment
| Pike. This he refused to do and ordered
| another ballot which resulted in the
] same manner as the previous ballot, to
an objection was made which was over
| ruled and an exception taken. exception
| No. y.
| ION motion, the board then adjourned.
| ION March is, 1882 the Board of Com
| miss:oners of the County of Ohio again
met at the court house, all the members
| being present. The President stated that
he had called the meeting for the purpose
| of holding election of county officers
and decided that the election must be held
| in the same manner 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
| Pike. At Z o'clock p. m. the Board, on
motion, adjourned.
sThe Board of Commissioners of the
| County of Ohio again met at the Court
House on March g, 1899, which was
1 known as auditing day. Mr. Moore made
a motion that the Board go into an cleo
| ton for county officers. but H. p Nc
| Gregor. the President, decided that it was
| not necessary to make a motion, that they
would take up the election as unfinished
business, and ordered that ballot be
! taken for toll collector on the Wheeling
and Fa;rmont Pike, and directed the clerk
| to call the roll To this action an Objec-
| ton was made because no notice had been
| given to the members of the Board that
an election would take place, which OBJ
| 81 the said HI Ps~1EcCregor an exception
Twas taken. (Exception No. 81 The aid
s & ;, Ns ss's hen ,s d.fscss IS 81: