Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1901-01-13
SHORT TERN CANDIDATES
UNLESS COURT ORDERS II
Majority of Ballot Commissioners
Voted to Reject the Democratic
Nominees-A Very Interesting
Session Was Held in Committee
Room Mt the City Hall-A Nice
Legal Point.

| Legal Point.
+ Unless the Democratic city executive
committee, by mandamus proceedings
in the Circuit Court. compels the bal
lot commissioners to place the names
of Democratic nominees for short term
in the First Branch of Council upon
the official ballot. they will not be voted
upon in the coming municipal election.
The commissioners met yesterday and
by vote of two to one refused to
place the names upon the ticket.
The meeting was held in the commit
tee room at the city hall. j. ]. Coniff
and j. J. P. O'Brien, the latter a mem
Der of the Democratic committee, ap-
| peared as counsel for the Democrats.
IN the absence of City Solicitor S. O.
! Boyce, Geo. B. Caldwell appeared for
the city and the Republican executive
committee. There were also present,
| Geo. w. Robinson, Democratic ballot
commissioner; VIM. E. Bowers, Repub-
lican commissioner; Fred Strasser,
Frank w. Nesoitt, VIM. G. Caldwell,
Jacob Snyder, H. C. Richards, w. P.
Hamilton and Fred Myer
AS was anticipated the attorneys
were unable to agree upon the legal
points involved. Mr.. Coniff took the
position that the statute makes the
duties of the ballot commissioners
purely ministerial that it permits no
other course than to print on the bal
lot the names certified by the eXecu-
tive committees of the respective polit-
! ical parties; and that the question of
vacancies in the First Branch may be
determined after the election. Mr..
Caldwell contended that the ballot
commissioners have the right to deter
mine first what Offices are to be filled;
that this is a reasonable construction
of the language of the statute.
The city committees, through their
representatives presented certified
LISTS of the candidates nominated at
the primaries. The copies differed in
that the Democratic list contained the
names of the following candidates for
short term in the FIRST Branch of
Council: Fourth ward, Frank H.
Wyse; Sixth, ward, Patrick Howley;
Seventh ward, Frank E. i oster. The
first question was precipitated by the
City Clerks reluctance to transmit to
the ballot commissioners the certified
copies OF names of candidates who were
nominated. He explained that he want
ed to be right in the matter, and that
the City Solicitor, prior to his departure
from the city, had advised him not to
certify to the nominations handed him
by the committees.
Mr.. Coniff said it was purely a. min
isterial or mechanical duty which he
was required to perform in order to get
the names properly before the commits
sioners What the ballot commission
ers might do was a different matter.
Mr. Caldwell said he had, not read the
election law, but he did not think it
was the clerk duty 10 certify to the
nomination OF candidates for Offices in
which no vacancies existed. AT, this
point the Republicans secured the city
ordinances and left the room singly
and by twos Tor a consultation in an
adjoining room. The Democrats pres
ent thought they were being treated
with scant courtesy, and Mr.. Coniff at
one time started to take his depar
ture.
Out of the sum total of Republican
political wisdom concentrated in the
ante chamber, was evolved a determ-
ination to adhere to the position taken
by Mr.. Caldwell, which was revealed
when the gentlemen returned. Mr.. Con-
if said, in effect, that the point was
immaterial and facility agreed to
waive it, if the ballot commissioners
would take up the two lists of candi-
dates.
Clerk O'Brien then read the lists Of
nominations, and Mr. Bowers moved to
omit the names of MeSsrs. Wyse, How
ley and Foster.
Before the motion was put, the at
torneys were heard. Mr.. Coniff read
from the election law provision gov
erning the duties Of ballot commits
sioners, and providing, in effect, that
they shall cause to DE printed on the
ticket the names OF all candidates
nominated by each political party. He
said the law does not permit the COM
missioners to exercise any discretion,
out makes II LH0IT plain uuty W Pun
on the ticket all the names certified.
The candidates, if elected, would not
necessarily fiji the offices. The law
provides two remedies. Council may
decide. under the provision that it
shall be the judge OF the qualifications
of it's own mem bers. that the short
term candidates are ineligible. II
Council mas not the right to decide,
the court Is open, through quo warran-
to proceedings. 1t is not the intention
OF the law to permit the ballot COM
missioners to act in judicial capaci-
ty. and decide whether or not vac
ancy exists. The law makes the dut-
les of the commissioners purely minis
terial, or mechanical. The ballot COM
nissioners are simply making trouble
for themselves in undertaking to de-
eide the point.
In reply to AT Coniff, Mr.. Caldwell
said the law should receive a reason
able construction. When the law pro-
yides for placing on the tickets the
names certified to. it does not contem-
plate permitting the city executive
committees of either party to decide
what Offices shall be voted for. The
citv executive committee is strange
Mace to repose the question OF de-