Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1901-04-21
TIE MINDIMDS NATTER
! REPLICATION WAS FILED
Defendants Demurred, Taking
the Position That All the Aver
ments in the Paper Were Inn
proper and Wholly Irrelevant.

MCAlS III the IapCF ere 1I0-
proper and Wholly Irrelevant.
There were further proceedings be-
fore Judge III. c. Hervey in the Circuit
Court yesterday, in the matter of the
petition Of the old Board OF Public
Works for a writ Of mandamus to COM
pei the new Board to restore possession
Of the Offices. The petitioners flied a
replication to the return Of the defen-
dants, to which the defendants entered
a demurrer. Judge Hervey fixed Mon
day morning at $3.50 O'Clock as the time
for hearing arguments upon the demur-
erer.
AS stated in Saturdays Register the
replication is a typewriter document
Of % pages. making allegations which
the defendants claim to be wholly IL
relevant. The replication discloses the
fact that the Republicans contemplated
taking the same course which was fol-
lowed by the Democrats in compelling
attendance of absentees, but abandoned
the idea as impracticable on account Of
the fact that City Sergeant John S.
Ritz and his officers are Democrats.
The paper sets forth that the Repub-
licans were in the majority in Council,
and could have elected the new munic-
ipal officers If they had resorted to the
means employed by the Democrats. The
conduct of NJ. A. Chew and associate in
c1JrOpntc iS denounced 90 nnridinuc If
is averred that they were chosen by
Republicans to represent them in Coun-
ell, in the belief that they would vote
with the Republicans; and it is further
alleged that M. A. Chew led the Re-
Qublicans to believe up to the night
of the meeting at which the election
took place, that the insurgents would
vote with their Republican associates.
The defending demur to the re-
plication, saying it is not sufficient in
law, and allege their grounds in sup
port Of the demurrer.
The replication recites alleged facts
in connection with the qualification of
John S.. Ritz as City Sergeant, which
the respondents say has no bearing up
On their election and qualification as
members of the Board of Public Works.
The replication alleges that Thos. Kill
leen did not qualify as a member Of
Council from the Sixth ward within the
twenty days prescribed by ordinance.
The respondents nswer that the repli-
cation admits that Killeen, for twen-
ty days after the election was too i'll
to attend any of the meetings of Coun-
Gil, but does not deny that he was
properly elected to fill the vacancy, if
any vacancy occurred through said
neglect.
The replication seeks to show that on
February 18th an effort was made to
hold a meeting, and that, excluding Mr..
Killeen, there would have been % on
the Republican side and q on the
Democratic side, and that the Republi-
ans could have elected on that night,
but the Democratic members remained
absent and broke a quorum. The de-
fendents answer that this is wholly ir-
relevant.
The same answer, as to its irrele-
vancy, is given to that portion of the re-
plication which tells of the meeting of
February 18th, 1901, when it was al
legged that a meeting would have been
held but for the death of F. NJ. Milligan,
a member from the Second ward.
The respondents answer that that
portion of the replication is irrelevant
which sets up that, Notwithstanding IA
Republicans and s Democrats were
elected, the Democrats were given Off
ces worth $1,000 per annum, and the
Republicans offices worth 81, SOC.
The allegations in the replication
with reference to the propriety and le-
gality of the actions of President R.
F. Hill, of the Second Branch, are OBJ
jected to as Irrelevant; and respond
ents say there is no denial thai Hill
left the chair under the circumstances
set forth in the return, making it prop
er, without respect to his removal, for
the Second Branch to appoint one of its
W members to preside in Hills alb
sence.
The answer says that the averments
in the replication, relating to physical
force being used to bring the City Clerk
back to the Second Branch chamber, as
to taking forcible possession of the city
Offices, and as to the forcible entrance
into Mr.. Hamilton's ofice-that these
averments are improper, and constitute
merely a repetition of what is alleged
in the alternative writ and denied in
respondents return.