The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1909-04-07
Mcmillan
May NotBe
Quaified
8. p. MuseRAvE SERVES NOTICE
ON FIFTH WARD COUNCILMAN
THAT HE Is INELIGIBLE
TO SIT WITH CITY
FATHERS.

FATHERS.
Fifth ward can AFFORD excitement
when all the world a solemn stiffness
holds. When everything else is quiet
in that part Of the city councilmantc
questions come up that stirs the city
hall from nave to circumference.
1t now turns up that O. E. Mcmillan
who mas been sitting in council and
Helping the city fathers to transact
business for the city is not and never
was qualified to the Office of coun-
Gilman. These facts are set up In a
petition presented to Council last
night by B. P. Musgrave through his
attorney, John L. Lehman. Notice
was served on Mr.. Mcmillan last night
that the petition would be presented.
Below we give the notice that was
served on Mr.. Mcmillan. 1t reads:
FAIRAIoNT, w. VA,
April 6, 1909.
To o. f Mcmillan:
You are hereby notified tnat on the
9th day OF April, 1909, | will file or
cause to be filed, before the Common
Council of the City of Fairmont, my
petition in writing asking that you be
removed as member OF said body and
that your Office be declared vacant for
the reason, that at the time OF your
election you were not qualified to hold
said Office under the Charter of said
city which provides that no person
shall be eligible to the Office OF coun-
Gilman of the city OF Falrmont, West
Virginia. unless ne is a treenolder and
qualified voter therein; that at the
time Of your election you we're not q
freeholder and at no time since have
you been bona fide holder Of real es-
tate such as to entitle you to a seat
as a member OF the Common Council
Of the city OF Fairmont, West Virginia.
All OF which / stand ready to prove.
B.P. MUsGRAVE.
The petition reads as follows:
To the Mayor and the Common coun-
Gil OF the City OF FaIrmont:
Your petitioner, B. P. Musgrave, re-
spectfully represents unto your honor
able body that ne is a resident tax
payer and qualified voter OF the City
of Fairmont, and the Fifth ward there
of; that on the 21st day of March,
1908, there was held In the City OF
Fairmont municipal election for the
choosing of mayor, and one men,
ber OF the common council from each
ward OF said city; that at said
election o. E. Mcmillan was elected
as member OF said common council
from the Fifth ward Of said city, and
on the - day of March, 1908, at q
meeting Of the council OF said city
sitting as a canvassing board, the
said o. E Mcmillan was declared
elected as a member Of said council
for a period of two years, beginning
on the 1st day OF April 1908; and thai
since the 1st day OF April. 1908. the
said o. e. Mcmillan has been acting
as member OF said common counci
t.; the city of Fairmont. and perform
ing the duties OF said office.
; Your petitioner further represents
unto your honorable body that th'
: said o. F.. Mcmillan Is not qualified
to serve ss a member Of said common
council OF the City Of Fairmont, tina
. he was not so qualified at the TIM
: Of mis- election as a member of sait
:. council, and that he has at no tim,
| since such election been qualified Il
serve as member oil said council, 70
the reason taht he Is not now, ant
was not at the time Of his said elec
ton, and has not been at any tim,
since The said elecn0n, tree-holde,
and a qualified voter in said city, a
required by Sec. 4 Of the Fairmon
City Charter, which said section is a,
follows: mo person shall be eligible
TO the Office of mayor, city clerk o
councilman Of said city, unless ne 1
a freeholder and qualified vote
therein; and all officers of said cit,
SHALL be taxpayers and qualified vol
ers therein"
Your petitioner further represent
unto your honorable body that by dee,
dated the 18th day OF March. 1905
acknowledged on the 18th day o
n