The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1905-01-27
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4 The adjourned meeting OF the ycoun.
ell to consider the Eyerhart case came
of Tuesday. and those who attended
with the expectation Of seeing sparks
fly were not disappointed. The may.
or was In the chair and Councilmen
Downs, Harr Lilly, Robinson, Hay:
mond; Davis and Fyerhart were Spres.
ent. "A s.
y AS soon as the meeting was called
to order Councilman Everhart S ~
manded immediate trial. II want Is
get this talk out Of peoples mouths,
said he; this is only child,s play,
anyhow, and want st over"
70 7. n. Parks, attorney for the jpeLr
toners, Hess and Fortney suggested
that answer be made to the petition.
Mr.: Lilly started ito speak and Nj.
Parks stated that II Mr.. Lilly repre-;
scented Mr.. Everhart he would o.
course, not be expected to vote on !thn
question. r.3Eyerhart was asked IL
hes was represented by counsel. He
replied that he was not, but seeing
Mr.. Ogden in theEcouncil room ask.
ed him to speak for him. Everhart
and Mr.. Ogden retired to the clerks
office for consultation, and, upon theia
return, Mr.. Ogden made response %
the petition that at present Mr.. Ever.
hart was a freeholder3 and q qualified
voter and that that answered the pc.
itition5in that.particular. He said thai
he did not believe that whether Mr..
Everhart was frecholdcr at tina
time Of his election was material to
the question at issue. Mr.. Parks in.
sisted that 1t was material to tic
question. Mr.. Ogden asked the coun.
Gil to pass on the question as to
whether 1t was material. Mr.. Parks
in discussing the matter read to con.
siderable length from supreme court
decision in similar case. Mr..
Parks held further that If Mr.. Ever.
hart was a member OF the board Of
education of Fairmont district, he held
office as councilman of the city Of
Fairmont Illegally. Mr.. Everhart
here interrupted and declared that he
was member Of the board OF educa.
ton in Fairmont district and asserted
that his qualifications. for that office
at least could not be questioned.
Mr.. Ogden made reply to Mr.. Parks
that Mr.. Eyerhart would not contend
that he was a freebooter at the time
OF his election; that Mr.. Eyerhart
was grieved that at this late day this
question should have been brought
up, and by parties who were not dis.
contented with any dereliction Of duty
on his part, but who were disappoint
ed ofllce-seekers attempting revenge;
and that there had ben several mem.
bers OF previous councils in the city
who were. not freeholders and moth.
ing was ever done about it. Mr.. Og-
den continued that he and his client
therefore withdrew their answer 10
the petition and left the decision 10
the council. VI.
Mr.. Raymond stated to the council
that he had no doubt Mr.. Everhart
ought to be removed, but that he was
willing to give his vote TO have Mr..
Everhart reinstated II he was now
qualified The other members of the
council expressed their concurrence
in Mr.. Haymond's opinion,
Mr.. Robinson moved that Mr.. e..
erhart's chair be declared vacant.
Mcssrs. Downs, Harr, Robinson, Hay
mond and Davis voted aye. Mr.. Lilly
voted no, end gave as reason for do
ing so that several former members of
TIE council not freeholders had served
full terms without objection; that
Evcrhurt was n faithful servant OF
the city; and that the petition was
brought not with the city's interests
at heart, but through personal spite.
At this point Mr.. Everbart present.
ed a deed for inspection by the coun
Gil. He madea futile attempt to keep
the substance Of the deed from the
reporters, stating that he had been
Supporting the newspapers long
enough" He refused to allow the
clerk to read the deed. In the dis
cussion which followed, however, the
provisions Of the deed came to light.
1 .