The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-12-06
County corrt ana Sheriff Can Pay
For Bridge in City OF
sAYs JUICE oHARLEs LYNoH
In An Able and Exhaustive Opinion
Delivered in Noted In
junction Case.

circuit court of the thirteenth cir
suit of this state has refused the ap-
plication for an Injunction in the
case of Charles NJ. Glenn and others
against the County Court of Taylor
County and others. His opinion COW
ering fifteen typewriter pages and
treating the subject Is an able and
exhaustive manner was mailed Tues
day night to the parties In interest.
The cause has been pending in the
chancery side OF his court since Sep
TENDER. and he gave it much thought
and consideration.
The plaintiffs asked for an order
restraining the sheriff Of Taylor
county from proceeding to collect the
taxes levied and assessed by the
county court Of Taylor county July
6. 1906. on the ground that the
court had allowed and paid the
sheriff $50 for the Good Roads con-
! vention and $527.Ss as commissions
and discounts on taxes paid during
the discount, period, and because the
county court had passed two orders
to the Canton Bridge Company-one
| for $4,000 and the other for $4,000
for building abutments to a bridge
in the City of Grafton, under con-
tract with the county. court.
The plaintiffs claimed the court had
no authority to construct a bridge In
the corporate limits of the city be-
cause it was the duty OF the city un-
der It's charter to construct and
maintain its bridges; also the plain
AF
contract fer the abutments was to
bind the levies of subsequent years
for the superstructure of the bridge;
also they asked for an Injunction be
cause Robert e. Phillips. a member
of the county court, having moved
from Fetterman district, wherein he
resided at the time of his election as
commissioner of the court, to Graf
ton district. wherein John H. Henry.
another commissioner then resided.
was disqualified thereby, and Ulysses
Morrow. the other member having
voted against the contract, 1t was IL
legal and not binding.
Judge Lynch held:
Phillips was not disqualified. and
the contract, therefore, was legal.
That the contract for abutments
only did not bind levIes of succeed
ing years for the superstructure.
That the county court under the
provisions of Chapter 43 of the Code
had the legal right, and it was its
duty, too to build all the necessary
and expensive bridges in the county.
whether within or without the city
That because payments to the
sheriff. of which plaintiffs complain
ed had been paid out of the levies OF
] sos did not, even II illegal and un
the ievies of 1906.
In reference to the qualification of
phillips as a member of the court
Judge Lynch held that his removal
from one magisterial district to an
other in the county did not disqmali-
" him, for the reason that he was
not district officer but county Of
fccr, and, so long as he did not re-
move from the county he could legal
ly serve on the court
1t was also charged that there was
collusion between Phillips and Henry
in letting the contract and that they
would be both personally benefited
by the construction of the bridge.
or this feature of the case Judge
Lynch says in his opinion:
''The charge that the bridge con-
tract was entered into collusively
and in fraud of the rights of the
t7,payers. at an exorbitant and ex-
trayagant price, and costing more by
s 10000 than 1t should otherwise
cost, is denied by the answer OF the
county court. and the Individual
commissioners composing 1t, which
answers upon this hearing, are read
only as afidavits. Being thus at
irmed and denied, but in my judg-
ment not justifying the Court in
granting the Injunction prayed for,
1oes not warrant the Court in con-
.inuing the case for proof and fur
her hearing upon this allegation Of
he bill as it is. also the further al
egations of the bill and denial of
he answers relating to the personal
interests of two Of the commission
RS and the benefits accruing to them
rom the construction of the bridge {
n question"
Thus. Judge Lynch has refused the s
Injunction but has not dismissed the
III. a
The questions involved are OF u
reat moment as they have universal 8
pplication throughout the State and