Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-03-23

they properly qualified, and discharged
their duties as members of the B. r.
W., until interfered with by the Chief
Of Police and his deputies; ard that
Eince they have been acting as mem
bers of the board as far as not prevent
ed by an unauthorized use of force,
and are ready and willing to continue
to serve in that capacity until their
successors are elected and qualified.
The petition then refers to the
action Of the new Council. It is aver
red that on the night of February 26th,
1901, there was no quorum in either
president, called upon the City Sergeant
to arrest absentees, and similar direc-
tons were given in the FIRST Branch;
that at eight O'Clock on the following
morning the City Sergeant and his
deputies brought in a sufficient number
of members to constitute a quorum in
each branch; that Robert F. Hill,
whose right to preside had eve been
questioned, took the chair; that Robert
Hazlett made a motion to adjourn; that
President Hill called for an affirmative
and then a negative vote, and declared
the motion carried, and that the Sec
ond Branch was adjourned. Petition
ers state as their information and be-
lief, that the Eyes and noes or a dl-
vision were not called for, and assert
that it is certain that R. F. Hill heard
no such call before announcing the
adjournment, and that there was no
appeal from his decision.
Afterwards, the petitioners aver a
part of the members attempted to hold
a meeting of the Second Branch, call
ing j. Fl. Shafer to the chair and fore
IDLY compelling the other members to
remain; that MeSsrs. Maurer and Bal
lev had no notice of said pretended
meeting; that almost all of those pres
ent under arrest refused to vote in
any election, or upon any motion, but
protested and remained undsr duress.
The petition then quotes the law, pro-
viding the method for calling special
meetings of Council, and AYERS that the
law was not complied with. The Eeti-
lion further AYERS that after Pres Lent
Hill declared the Second Braneh adj
journed, the City Clerk returned TO mis-
Office. where he was arrested and CON-
PEELED to return to the chamber of the
Second Branch. along with other mem
.bers; J.. H. Shafer was then called to
the chair to preside; that a resolution
vas introduced, deposing President
Fill; that no minutes of said meeting
have ever been recorded, the clerk re-
fusing to take notice of said pretended
meeting. That then the Second Branch
notified the First Branch that it was
ready to go into joint session; the Fir:t
Branch having previously caused the
arrest of absentees to make a quorum,
and coerced Prof. Schockey with an
exhibition of handouts and %nippers,
without auth rity of law; that the
Mayor ruled Mr.. Hamilton's motion to
adjourn OUT of order, because it was a
diliatory motion; that Mr.. Hazlett ap-
peared with a message that the Sec
ond Branch had adjourned, and that
later Mr.. Weisgerber appeared with a
message that the Second Branch was
ready to go into joint session, where
upon the Republican members of the
First Branch refused to leave the
chamber and were compelled by force
to go to the Second Branch chamber
for the joint session; that an illegal
joint session was held, at which the
defendants, Speidel, Menkemiller and
Kreiter were declared elected to the
Board Of Public Works.
The petitioners aver that the rules
of Council provide that appeals may
be made from the decision of the
chair; that a motion to adjourn is al
ways in order, and shall be decided
without debate; yet the Mayor refused
to entertain such motion, ven after
his decision had been appealed from
and the chair Overruled.
The petitioners further aver that the
persons pretending to have been elect
ed to the B. P. w. filed their bonds at
a meeting of Council on March 18th,
that they were approved in the Sec
ond Branch. and that the Mayor ruled
that the First Branch was not required
to approve the bonds. The petitioners
hold that the bond constitutes a con-
tract with the city. and that the stat
utes provide that such bond shall be
taken by the Council. and not by either
branch of it. That the Mayor refused
to entertain Mr.. Hamilton's appeal
from the chair, whereupon Mr.. Ham
1lton put the question himself, and was
sustained, and announced the motion
carried. That the decision, fairly
taken by Mr.. Hamilton, was and is
binding. The judgment of the First
Branch cannot be defeated by the arbi-
trary ruling of the chair.
Petitioners further aver that during
the night of March 18th, the pretended
new board induced the City Sergeant
and his deputies to break into the B.
P. w. Office and take possession Of
such books and documents as had not
been removed therefrom by the petit
TONERS in anticipation of such action;
that when Clerk Hornish demanded
possession of the office on the follow
ing morning 1t was refused by John S.
Ritz, who said he was acting under
Instructions for City Solicitor John J.