The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1910-09-08
RICH OF BAILEY TO
SIT IS ATTACKED

the county court after It's president,
George f. Randall. had departed for
home, being under the impression
that the business OF the court for
that day was done. and entered an
order discharging Floyd Robinson,
your plaintiff. from his Office of jan
ltor and ground keeper and appoint
ing in his. place one Charles Thomas,
TO whom your plaintiff was directed
to deliver over the keys and ac-
coutrements of his office upon Sep
TENDER 1. 1910. Your plaintiff AYERS
that the said Calder F. Bailey and
John strother acting as the county
court of Harrison county did not
have power to discharge him from
his office and employ another in his
stead, but that this power has been
delegated by an order OF the county
court heretofore cited to George r.
Randall as superintendent of public
buildings and grounds.
"No. 5. Your plaintiff further ayers
that no reasons were assigned by the
members of the court for his dis
charge and that none has been given
him to this day. Your plaintiff fur
Their AYERS that he has always per-
formed his labor in a workman-llke
manner and that no complaint has
4, been made against him by persons TO
either the superintendent of public
buildings and grounds or to tho
county court. but your petitioner is
Informed and verify believes that he
has been removed from his office as
iauitor through political influences
and TO appease and satisfy the de-
sires of hungry political god.
mo. 6. Your plaintiff. further
AYERS that the order as entered by
the county court of Harrison coun-
ty discharglng him and commanding
him to surrender the keys of the
court house to the new appolntee is
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 beftting
a commissioner of said county court
and that he has no right to be cor
sidered as 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 Cal
der F. Bailey has had the deciding
vote are either Illegal or ultra wires.
NO. I. 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-
cemDer, 1909. no new member was
appointed until June 80, 1910. there
being a deadlock between George F.
Randall and John B. strother, menu
bers of tue court, as to who should
be appointed OF fill the vacancy.
Your petitioner further AYERS that on
the thirtleth day OF June, 1910, mat
tiers OF great moment for the we'll be-
ing OF the city of Clarksburg and
the county OF Harrison arose,
which necessitated the appointment
of 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 bust
ness, which he could not do under
the statutes. 1t being therefore inn
possible to transact business without
a third member of the county court
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
the court. and meeting Of the two.
members was held at the strother
home in Wilsonburg, and the said
Bailey was then and there appointed
The third member of the county court