Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-11-22
COUNTY BOARD
IN DECLARING THE RSULT OF THE
FIGHT FOR COMMISSIONER
IN UNION
GIVES B. F. HIGGINS A GAIN
In the Rec0unt-As the Result Would
Not be Altered by Carrying the
Matter Into Court, This Course
Will Probably Not be Followed.
The Majority Cut Down by Four.

At the hour of adjournment of the
Board of County Commissioners yester-
day morning, that body, sitting as a
Board of Canvassers, formally de-.
clared B. F. Higgins elected to the
Office of County Commissioners in
Union district by majority Of %
votes The partisanship of the Board
has beck apparent throughout the re-
count, and there was anaevident deter
mination to so increase Higgins ma
jority as to render it virtually impos-
sible to overcome it through any pro-
ceedings in the courts.
The result, as determined by the
Board yesterday, showed an increase
of Is votes for Higgins, whereas if the
Board had proceeded under the law as
plainly set forth in the opinion of the
State Supreme Court in the >Dunlevy
case from Marshall county, Higgins
majority would have been decreased.
1t happens, however, that this rightful
gain by Bearley would not have been
sufficient to overcome the majority of
10 which Higgins received on the face
Of the returns. For this reason it is
not likely that the matter will be car
ried into the courts, as the only thing
to be gained would be an exposure of
the partisan unfairness of the Board
fact which is apparent to fair-minded
persons without the necessity OF the
stamp of judicial authority.
The Board met yesterday morning
for the purpose of taking UP the thirty
ballots which were laid aside under oD-
lection by Mr.. PandlAtnn during the
progress of the recount Both Mr.. Pen
dleton and Mr. Smith, counsel for
Bearley and Higgins respectively, adj
dressed the Board upon these ballots.
The Board counted nine of them for
Bearley and five for Higgins, a net gain
of four for Bearley The Board then
formally declared Mr.. Higgins elected
by a majority Of % votes, and Mr.. Pen
dleton had the following minute dlcta-
ted to the stenographer of the Board:
bearley objects to the declaration
Of the result and excerpts to the re-
count as conducted by the Board be-
cause he claims that ballots were
counted for Mr.. Higgins that ought
not to have been counted, and that
ballots were not counted for Mr.. Bear
ley that ought to have been counted,
all of which ballots are properly mark
ed as exhibits. Whereupon the Board
overrules the said objection and pro-
ceeds to declare the result and Bearley
tenders his bill Of exceptions to the
action of the Board in this matter and
OraVS that tha Samn NAV hp SIGNED 4"
Upon motion of Mr.. Moore, it was or
dered that a certificate of election be
issued to Mr.. B. F. Higgins.
After the noon adjournment Mr..
Pendleton made the following specific
statement:
"Mr. Bearley excerpts to the follow
ing:
In precinct No. / to the counting
of four votes for higgins and one vote
for Harry Bearley, which should have
been counted for him, and to the re-
fusal to count five votes for Bearley.
I'm precinct No. 8, to the counting
of one vote for Higgins and to the re-
fusal to count three votes for Bearley.
In precinct No 4, to the refusal to
count seven votes Tor Bearley
I'm precinct No 6, to the refusal to
count three votes for Bearley.
I'm precinct No. Z, to the refusal to
count four votes for Bearley There
are twenty-eight votes out-just the
number that Higgins is elected by"
The Board was in session but short
time in the afternoon, and transacted
no business beyond the signing of the
minutes, etc.