The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-04-19
Applied for in the County Com.
missioncrs Election Case
BY THE COALITION ATTORNEY.
ThePctition Applying for the Writ
wns Filed in Judge Pnull's Court
Late Monday Aftcrnoon-Thc Court
WillProbably Give its Decision in
tho Matter To.day-The Allegations
ofthc Petition. =


Judge PAUL, OF the circuit court. At
torney W. P. Robinson, acting for Mrs.
Annie Drlehorst and the coalition"
members OF the board OF county COM
mfsfoners, applied to Judge PAUL. OF the
circuit court. for writ OF mandamus
to compel President McGregor, of the
board of county commissioners, to sign
the bill OF exceptions TO Mr.. 4lcGregor's
rulings which resulted In the election of
the several county officers by the board.
President McGregor. It will be remem-
bered, refused to sign the bill. on the
advice OF Prosecuting Attorney Meyer.
The petition for the writ Of mandamus
will be considered by Judge PAUL, and
1t Is thought he will render his decision
to-day, The petition is as follows:
To the Honorable Judges Of the Circuit
Court OF Ohio County. West Virginia:
The undersigned petitioner respectfully
represents unto your honor that II. p.
McGregor. OF Wheeling. Ohio county, West
Virginia. is president Of the board of
West Virginia, municipal corporation.
and that at meetings OF the board OF coun-
" commissioners OF Ohio county. West
Virginia. held on the 9Th, 18th and 9th Of
March, and the Sd day OF April, in the year
1899. the following proceedings were had:
That at the meeting OF March @. 1893,
vote was taken for the Office OF toll keeper
on the Wheeling y Fairmont pike. which
vote resulted. exclusive or the presidents
action. In vote OF TO 4 In favor OF Annie
said Annie Drlehorst receiving five votes
and William Downs four votes. Accord
Ing to parliamentary rules and the rules
adopted by the said board OF county COM
mlssioners, the president should have re-
Trained from voting unless there was tie.
Before the president voted there was no
tie. but u clear majority OF one vote for
Annie Drlehorst. 1t was then the duty Of
II. T McGregor. president OF the said
board Of county commissioners. to declare
Annie Driehorst elected to the office OF toll
Keeper on the Wheeling 4 Fairmont pike
This he refused to do and ordered another
ballot. which resulted In the same manner
as the previous ballot. to which ruling OF
the, said II. p. McGregor objection was
made which was overruled and an exccp-
ton taken.
Your petitioner further represents that
at the meetings OF March 18th. 18th. and
April ID. various proceedings were had by
the said board OF county commissioners
and certain rulings made by the said H. p
McGregor. president Of the said board OF
county commissioners, which We're injur-
Drlehorst
foat petitioner further represents that
the said Annie Driehorst, by means OF
petition for certiorari. sought to have the
action Of the said II. P. McGregor. sitting
as president OF the said board OF county
commissioners. reviewed by your honor
able court. rss5 - ~ .H
Your petitioner further says that he was
employed by the said Annie Driehorst and
others TO take the proper legal action In
4 "A 70 n paft lon
for. n writ OF certlorarl, and "A bill OF ex-
ceptions. which fairly stated the true pro-
ceedinEs which We're had at the said,
NEE meetings OF March G.. IS. q. and April D.,
tons were taken do, not appear upon the
record OF the said board OF county COM
m!ssoners. as 1t was and is the practice OF
the clerk OF the said board Of county COM
Wlssioners to abbreviate his record
+ Your petitioner further says that by viz
tue OF section IS. chapter 80. OF the code Of
West Virginia, the said Annie Driehorst
had right TO avail herself of any error
appearing on the record, by which she Is
preJud!ced. without excepting thereto.
Your petitioner further shows unto your
honor that. acting as said attorney. he
presented said bill OF exceptions to the said.
II. p. McGreE6r, president OF the said
board OF county commissioners. as arorc-
said. on the 18th day OF April. 1899: that the
said II. p. McGrego- then requested an
opportunity TO consult with the prosecut-
Ing attorney Of Ohio county. West Virgin
IN, who acted as attorney for the said
board OF County commissioners. and who
also requested your petitioner 10 show
said bill OF exceptions to the said prose-
cutting attorney .s
Your petitioner further shawe.li Hn:o
y ;ls1 honor that on the 18Th day OF April
1922. he handed the said bill OF exceptions
to W. C. Meyer. prosecuting attorney for.
Ohio county. West Virginia. who request.
"a that the matter go over. by consent OF
the parties. until Friday. April n. at
o'clock p. M, which was accordingly done.
Your petitioner further represents that
on Friday. April II. 1899. at abous2 o'clock
y. M. he called at the Office Of the said W.
e. Meyer prosecuting attorney. as nfore-
said. who Informed your petitioner that hr
had advised III" said ii. p. NicGresor no,
to sign the said bill of exceptions.
Your petitioner further savS that ut that
time. he requested the said ". c. Meyer 10
point out any misstatcments of fact In the
SAID Uii OF exceptions and that he would
endeavOr to eliminate the same.
d. Your petitioner further shows unto your
honor that saff W. C. Meyer absolutely re-
fused to do go. whereupon your petitioner
called at the place OF business of the said
II. P.iMcGregor to again request him to
sign said bill OF exceptions, at which place
he was informed that Tho said H. p. No
GreEor was In Pittsburgh and would not
return until some time during the after
noon Of Saturday. April Is. Mt which time
your honorable court was not IN session
Your petitioner further SAYS that on the
lith day OF April 1899. al $50 o'clock y. m,
he again presented the said bill Of excep-
tons TO II. p. McGrcgor at his place Of
business. who refused TO settle. sign or
seal tho same. whereby her rights have
been preiudiccd and Justice denied to her
In the premises. and for n remedy there
fore she prars for Il writ OF mandnmus to
the said II. p. McGrcgor. president OF the
said board OF commissioners OF Ohio colin-
". Mcst Virginia, requiring him to settle.