Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-04-23

There were further arguments before
Judge Hervey yesterday morning in the
mandamus matter relative to possess
ion Of the Office of the Board of Public
Works. The matter came up
on the demurrer of the new
board, to the replication of the old
board to the new boards return to the
alternative writ. The arguments were
made by the same attorneys who have
heretofore appeared in the case, and
they occupied the entire morning.
Counsel for the new board took po-
sition that all the matters averred in
the replication of the petitioners were
improper and wholly irrelevent; that
the Court has passed upon all the ma
terial points in the case; and that
therefore the matter should end. The
attorneys for the old board argued the
relevancy of the matters alleged in the
replication During the arguments the
fact Of the imperfect record of Council,
and the entire absence of minutes of
some of the proceedings was, brought
out.
The first address was made by Mr.
John j. Coniff, who took up consecu-
lively the averments in the replication
of the petitioners for the writ. Mr..
Conif's argument disclosed the fact
that the Democrats went in to a meet
ing OF Council during the illness of Mr..
Killeem, because of the fear that their
failure to do so might prevent the legal
qualification of City Sergeant Ritz
within the ten days fixed by ordinance.
Mr.. ConifY agreed that the Court
should get at the merits of the case,
and he said the averments in the repli-
cation had no bearing upon material
points involved. The presence OF Mr..
Killeen was not necessary to the cleo
lions, as the record shows that the cleo
lions were made unanimously. He
asked what possible bearing upon the
case the conduct of the insurgents, al
legged Democratic responsibility for
holdups, the promises made to Repub-
1icans by Burke and Bailey, the neces-
sary absence of several Republicans on
the night of the joint session, the
amount of salaries drawn by Republi-
can and Democratic officdals-what
bearing all these averments could have
10 chi
of Hill was also immaterial.
Mr.. Coniff read the minutes Of the
Second Branch for the meeting of Feb
ruary 26th, which he said had been
subsequently DIRECTED, accounting in
this manner for the variance in the
copies of the minutes. The minutes
settled the question of the adjournment
of the Second Branch. The changes
were ordered by the seventeen men who
remained in the Second Branch all
night, to show that Mr.. HILL did not
adjourn that body. The question of
the adjournment of the Second Branch
was the only question of fact left in
Tie Ease. he lctUS WcI6 ouOWA ny
the record of the Second Branch,
which is correct. The President of the
Second Branch could not put mo-
ton to adjourn without having first
notified the other branch, which Mr..
Hill did not do
Col Geo. B. Caldwell replied to Mr..
Coniff. HE said the respondents were
required to make full and specific
denial A general denial would not suf
flee, The matters in DISPUTE between
the alternative writ and the return are
what must determine the case. He
said the question of adjournment Of
the Second Branch was one material
fact, but not the only one in the case,
as Mr.. Coniff commended. He denied
that the corrections shown in the copy
Of the minutes produced by opposing
counsel, were ever made. The minutes