Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-03-13

~ 40 ASoAA0SA ~
that the Councilmanic muddle will be
ventilated in the courts. Republican
leaders last night openly asserted that
this step will he taken. They were in
conference after the adjournment OF
Council and it is said that not less than
six attorneys contributed of their wis
dom to the cause.
It was stated by Republicans that
mandamus proceedings will be jnsti-
tuted in the Circuit Court this morning
to restore r. f. Hill to the Presidency
of the Second Branch. 1t is the Re-
publican contention that Jesse Shafer
was never legally chosen as President,
and that the Democrats are in power by
force. They would have much prefer
red to compel the Democrats to take
legal steps, but under the circumstances
there is no alternative but for them to
act.
The same remark applies to legal
proceedings with reference to the title
Of the newly elected officers. The Re-
publicans hoped to keep the new officers
cut and place the burden of ousting the
present in:umbents upon the Demo-
Gratis. As the matter stands the new
officers will take possession to-day. II
they are resisted, and it is necessary
to use force. the properly elected new
officers will take possession in that
manner. Then 1t is intimated that the
regular Republicans will go into the
courts to test the legality OF the cleo
lions.
Col. George B. Caldwell, who has been
the chief legal adviser of the Republi-
cans, was a close observer Of the pro-
ceedings last night, and appeared to be
very indignant when a Register re-
porter interviewed him as to the RepIo-
lican programme.
"Will the present officeholders re-
fuse to give mp their offices to their
successors" he was asked.
THAT depends on whether they have
the pluck. | would advise them to
hold on, but I would not advise any
bl%oodshed. I suppose the Democratic
police force could put the new men into
possession of the offices to which they
are not entitled"
will the Republicans test the legal
ity of the elections?"
Il have no doubt that course will ge
taken. The Democrats have apparent
ly succeeded, through the use of force,
but will have a very poor case in the
courts. The section Of the rules of
Council quoted by Mr.. Coniff is given
a very improper construction. 1t says
that the bonds after being approved
IN the Second Branch shall be sent to
the First. 1t is certainly not the in
tention of the rule to simply acquaint
that branch with what has been done.
The language Of Their sections is SINH
larly indefinite in that it says certain
matters shall be sent to the First
Branch after being acted Upon by the
Second. IL the rule applies in one case
1t applies in another.
Rule 46 of Council has a very i'm
portant bearing on the matter. 1t
reads: Whenever an ordinance, by
law, order, tax, appropriation or con
tract, passed or adopted by one branch,
shall have been communicated to the
other, the latter shall inform the
branch in which the proposition orig
mated of its concurrence or non-con-
%currence, or of the final disposition
thereof etc. Now, a bond Is a con-
tract with the city, and the law con-
templates that contracts shall be acted
upon by both branches of Council"
In further conversation, Col. Caldwell
intimated that he would advise the old
officers to Fight the matter out in the
courts.
The Democrats, on the other hand,
feel very secure in their position. They
have not acted hastily, but have had
the advice of the hest legal talent in