Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-01-26

ton.
! The case of Philip Maurer, elected
/ on the Republican ticket as a member
| of Council from the Second ward, is
exciting great deal of attention, and
there is very general belief that the
! gentleman is not eligible from the fact
that he is nonresident of the city
| and resident of Pleasant Valley. a
separate and distinct corporation The
various acts which go to make I'D the
charter Of the city of Wheeling I'M
doubtedly contemplate that all city
officials must be residents within the
corporation limits. Sec. Z of the act
of March IL, 1886, says:
No person shall be eligible as a
member of the Council, unless he be
resident of the State, and for at least
six months preceding his election
shall have been the owner of a free
hold estate in said city of the value
! Of at least five hundred dollars, and
shall have resided in said city for at
least one year previous to his cleo
ton"
Sec. 10 says:
'TAt all elections which shall be held
for members Of Council, the person or
persons who shall receive the highest
number OF votes, ii duly qualified,
shall be considered elected etc.
The act OF January Is, 1868, consti-
tuting the First Branch and providing
for two administrative bodies in Sec.
8, says:
The First Branch of said Council
shall consist of two members from
each ward of the city, ETC., and in
Sec. 4:
AT the first annual election for city
officers after the passage of this act
there shall be elected by the qualified
voters in each ward two citizens there
of, to be members of the said First
Branch" etc.
In Sec. we find:
No person shall be eligible as a
member of the First Branch unless he
be citizen of the State and shall have
lColuOu Ill oNAu Wy ebI lOoOO I'LL CS ShA -
preceding his election, and is a resi-
dent of the ward for which he is
chosen" etc.
The act of March "a, 1882, is equally
explicit. Sec. Is says:
No person shall be eligible as a
member of the Council of said city
from any ward thereof unless he is a
resident of the ward from which he is
chosen. The removal of member OF
Council from the ward he represents
shall vacate his office as such mem
her,"
And in addition to these laws we
have many precedentS Of members re-
moving from one ward to another va
eating their offices by resignation, and
in like manner resigning or having the
office declared vacant upon removal
from the city to the suburbs. A nom
resident of the city may vote at
municipal election upon a property
qualification, but it appears to be clear
that it is not the intention of the law
to permit such nonresident voter to
hold a municipal Office. If the con-
trary were true, it might happen that
a considerable proportion or even a
LudJOTIIy Ol lH6 CITY 5 ldW-uldkIuS
body would reside elsewhere than in
the city, even in remote parts of the
State In Mr.. Maurers case the
question of eligibility to the office of
member of the Second Branch from
the Second ward rests solely upon the
fact of his place of residence. If his
place of residence is at Pleasant Valley
his election is void, and the man re-
ceiying the next highest number Of
votes is entitled to qualify.
AS to the facts in the case, it ap-
pears that Mr.. Maurer voted in Tria-
delphia district last November, but
for period of eleven years, with that
exception has voted in Wheeling
Mr.. Maurer owns a dwelling on
Twelfth street, and occupies a room
there. He claims that there is an ex-
press provision in the lease for the
property, for his occupancy of this
room Some time ago the firm of
which he is a member, purchased Sci
bert's garden, in Pleasant Valley, since
known as Pleasant Valley Park. Last
summer Mr. Maurers family removed
to the dwelling house on this property.
Mr.. Maurer admits that he takes some
OF his meals at the home of his moth
er, but claims that it was never his in
tention to give up his residence in the
city.
Friends of Mr. Maurer claim that if
either vote cast by him, was cast i'm