The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1910-09-02

Co. 8 % . o

/ delegated ~ "a OF der @ gla3s 80 ~
court heretofore cited 10 GEORGE r
Randall as superintendent OF public
buildings and grounds.
s.Ios S. Your plaintiff further AYERS
tthat no reasons were assigned by the
members OF the cOnrt Ter his dis
icharge and that none has been given
kh4m TO this day. Your plaintiff fur
3ither AYERS that he has always per-
HORNED his labor IN workman-liIte
manner ana that NO complaint has
#been made against him by persons 10
EeIther the superintendent of public
buildings ana grounds or to the
county court, but your petitioner Il
Informed and verify believes chat he
has been removed from his office as
l5anftor through political Influences
and to appease and satisfy the de-
sires of hungry political god.
''No. 6. Your plaintiff. further
AYERS that the order as entered ny
the county court OF Harrison eoun-
ty discharging him and commanding
him to surrender the keys OF the
court house to the new appointee is1
illegal upon its face for the follow.
ing reasons:
your petitioner is Informed and
AYERS that Calder F. Bailey a mem
Der of the county court of Harrison
county, was not regularly appointed
as such and that he does not have
the power nor the authority to sit In
the councils OF the county court or
to vote upon any question that may
be brought before 1t, or to use his
discretion in any manner beating
n commissioner of said county court
and that he has no right to be col'-
sidered as a member of the said
county court of Harrison county
either in law or in equity and that
all acts and orders entered by said
county court in which the said Cali
der F. Bailey has had the deciding
vote are either illegal or ultra wires.
mo. Z. Your petitioner further
AYERS that the grounds for the fore
going allegations are as follows:
'"That he is informed and believes
that upon the death OF B. B. Stout, a
member of the county court, in De-
cember. 1903, no new member was
appointed until June 80, 1910, there
being a deadlock between George F.
Randall and John B. Strother, mem
bers of the court, as to who should
be appointed OF MI the vacancy.
Your petitioner further AYERS that on
the thirtfeth day of June. 1910, mat
tiers of great moment for the well bel
ing of the city of Clarksburg and
the county OF Harrison arose.
which necessItated the appointment
OF a third member OF the court, Com
missioner Strother-at that time be-
ing sick at his home near wilson |
burg, which left, only one member
OF the court able$ to attend to BUSH
ness, which he could not do under
the statutes. 1t being therefore inn
possible to transact business without
a third member of the county cour:
a compromise was reached between /
George F. Randall and John b.
strother, members of the court, as to
who should be the third member of
he court, and a meettng&of- the two
members was held at tho Strother
home in Wilson burg, and the said
Bailey was then and there @appointed II
he third member of the county court
IF Harrison county. Your petitioner
avors that the appointment of Bailey d
as a member OF the county court of
county was illegal and with
out warrant OF law and contrary to
the statutes in such cases made and
provided, which your plaintiff is in
formed provide that all meetings OF
the county court shall be held in the
court house OF each county unless
said court house be burned, quaran-
tined from contagious diseases or I'M
danger from a public enemy.
mo. s. Your petitioner further
ayers that it would work on him an
injury to be discharged
from the position by this Unlawful
order of the county court in this that
1t would take away from him his
means Of livelihood and work great
Injury to his reputation as a sober.
and reliable workman,
and moreover would this be SO by his
being made a political scapegoat
upon which may be vented the spleen
Of his political enemies.
Therefore, your plaintiff beingE
without rennedv save in q court OIL