Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-04-16
THE ARGUMENTS HEARD
ny COUNSEL For THE CONTENDING
BOARDS OF PUBLIC
WORKS
BEFORE JUDGE H. c. HERvEY
the Circuit Court Yesterday After
noOn-Matter Came Up IN the De-
to h Respondents AM
swcr to the Alternative WFit-No
Decisi0n Was Rendered.

In the Circuit Court yesterday after
noon, Judge H. c. Hervey heard the
arguments of counsel in the mandamus
matter which involves title to and pos
session Of the Office of Board of Public
Works. The matter came UP upon the
swer filed by the new Board to the old
Boards bill in support of its petition
for a writ of mandamus. The argu-
ments consumed the entire afternoon,
and when court adjourned at six O'Clock
Judge Hervey took the matter under
advisement.
Caldwell & Caldwell appeared for the
petitioners, the old B. p. w, and
Messrs. Henry M. Russell and John j.
Conif for the respondents, the new
q. P w. The arguments were elab-
CRATE and interesting, and there was a
good sized audience in the court o
throughout the afternoon.
The petitioners alleged In support of
the demurrer that the answer of the re-
epondents was insufficient; and they ar
gued several phases of the matter from
facts alleged in their bill, and in the
answer of the respondents. They
placed considerable stress upon the
point that the bonds Of officials are
contracts with the city, requiring the
concurrent action of both branches of
Council to approve; and that in the abb
OF any legal approval Of the
bonds, the new Board have no right
to possession of the offices. They also
made the points that there was no legal
authority for the arrest of absentees,
that the joint session was illegal, and
that all the proceedings of the early
morning session were improper.
The respondents held that the pro-
ceedings were regular, and combatted
every question of fact argued by the
petitioners. Mr.. Russell made the point
that 1t was not within the province Of
the court to go over the proceedings Of
Council step by step and inquire into
the regularity or irregularity of each;
that If the court found that Council
acted, or assumed to act, that was the
end of the case. He asserted that re-
s%pondents answered specifically every
averment in the petitioners bill which
was considered relevant. Without
abandoning that position Mr.. Russell
went into the argument of other points
raised by counsel.
Geo.. b. Caldwell
opened the case for the petitioners and
spoke for e an hour. He said the
return, or answer to the alternative
writ, contains but one Or two important
points that answer the bill of the petit
tioners. 1t seemed to be an effort to
discuss motives and not facts. Because
the answer made illusions to politics.
Col. Caldwell said he would have to
drag politics into his argument. He
made some comparisons of Democratic
and Republican methods, and referred
to Mayor Sweeney as a dictator in the
First Branch.
Col. Caldwell discussed extendedly
the circumstances in connection with
the meeting at which the election was
held. He told how the session was
forced, through the arrest of absentees
made by the police. The chairman Of
the Second Branch declared a motion to
adjourn carried and Their the police
with their maces compelled the Repub-
licans to remain in their seats. The
Democrats, he said, had no right to
compel the attendance of absent mem
bers. The law did not contemplate that
respected citizens should be dragged in
to meetings Of Council by policemen
with bludgeons and handouts, simply TO
crafty party plans and ambitions.
Col. Caldwell said the language of the
reply, in stating that the entrance into
Mr.. Hamilton's Office was not forced