The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-05-23
COMMITTEE RIGHTS
MUST Be RESPECTED
SUPREME COURT HANDS DOWN
IMPORTANT RULING IN THE
ROAD RATE CASE.
County Courts Must Respect Opinion
OF Advisory Committees
Other Cases.

CHARLESTON, W. Va. May G.
Before completing Its work Of spe-
clal term at which all cases SuDmltteo
up to the present have been decided,
the supreme court OF appeals OF West
Virginia today rendered an opinion
which gives powers they are selected
10 assume, 10 the advisory commit
lees, delegated before road bond cleo
lions arc held, 10 work in conjunction
with county courts in the SELECTION OIL
materials from which permanent roauS
ARE 10 be constructed.
! The case in question was that OF
, Lawson against the county court OF
kanawha county. The county court,
after u bond election WAS held and
$4,000 voted to be used in making
permanent roads, proceeded over the
protest Of the advisory committee 10
let contract for the construction OF
the road out Ut patented materla!
which did not meet with the approval
! OF the advisory committee.
! Judge POIfcnbarSer, who wrote Inc
opinion, affirming the common pleas
court, which had refused 10 dissolve
an Injunction prohibiting the county
court from projecting with the work,
says in part in the syllabus that pro-
vision in an order OF d county court
submitting 10 thu voters a bond issue
proposition for public road improve
tmcnl, appointing an advisory commit
lice and requiring The engineers 10
make plans and specifications 10 be
approved by the advisory committee,
is valid and binding, and taxpayers
may enjOn the performance OF con-
tract entered into by the county court
without the approval of such COM
mittee.
; Circuit Court Reversed.
The circuit court OF Wyoming county
was reversed anu the cases remanded
Of candidates for municipal Offices IN
Pincville in the January election. The
circuit court was directed TO award
writs of ccrtiOrari on petitions OF a.
J. Mullcns and others. who were can
didalcs on the Peoples party ticket,
against Is. d. Dustman and others,
present municipal officers, who were,
according to the report OF returns, re-
eleCied. They were candidates on the
Citizens party ticket.
Other cases in which opinions were
! rendered are:
! Raymond administrator, against Hyer
and others, from BraXton county.
affirmed in part. reversed in part and
lremanded; opinion by Judge Williams.
court and others, from Monongalia
county. decree reversed upon motion,
injunction reiustated and perpetuated,
opinion by Judge Lynch. president.
Hollywood Lumber d Coal company
and others against Dubuque Fire
Marine Insurance company, from BrnX-
ton county, judgment affirmed, opinion
By Judge Miller.
. Before adjournment was taken late
today the court acted upon petitions
as follows:
Lawrence &. Finzell. Fayette county,
against Lee OF, compensation COM
missioner, appeal refused; State against
Lee OF. compensation commissioner,
appeal refused; State against Bohnert
and others from kanawha county,
writ OF error refused. Rehearinss
denied:
Poole against Camden. from Wood
county; Lynch against Davis, from
Harrison county; Adams against
Adams, from Mineral county decree
modifed) Williamson against Oil and
Gas company, from Lincoln county;
Roach against Coal company, from
Wyoming county,