The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-05-08
NJ 'DOWELL CASE
IN HIGH COURT.
MANDAMUS WRIT
IS GIVEN HEARING
County Court Defends Its
Action In Naming Primary
Election Officers

CHARLESTON. May lit il now uD
I" the supreme court of appeals I" de-
eide whether the primary election "I-
Iicials III Mcdowell county shall h" a
list Of mon Favorable To the candidacy
OF Colonel Fred Paul Grosscup or
Judge r.. t.. Morgan. or equally divided
between them or divided IN three whES
10 give representation ais" to Samuel
Il. Montgomery. tn" third "andidat" for
th Republican nomination for Cover
nor.
Arguments on the p,titi"n uI tn" Me-
howell county Republican comniti""
for writ Of mandamus t" compel tn"
county court Ia appoint list OF names
favorable TO Judge Morgan instead OF
the Cir"s~rur Lis, which il originally
approved were heard today
Two Lists Presented.
according to facts admitted 10y h"ii
sides the county ruuri of MrDnwrlI
county. when ii mt IA nam" III" "l"r-
tiCn officials. had placed before " wv"
lists Of nam,S. each purp"rl inG l" W
tho legal recommendation "f the county
committee. .
one .f thrSr lasts W.. SIGNED hv Me
i;inuI, Hatfield ~ rommitt"" chairman,
and prour wa> offered Ia show that liz
had been authorized 10y tn" commi'tc'
at meeting held January - I" pre-
rar, IN" list and submit 1; |" IN" 'ouh'
~ court. it,.,.
Y II Franklin aS chairman Of IN" r"I''-
mIttCC. and the minutes ~ we COM
mite. from the beginning "i "a" cor
trover:v were offered +" show ihhi M':
franklin was the rightiul chairman "l
ihH committee. and that the list "t
names prcscuicd by him waS h" lSt
legally authorized 10y tn" committee.
Franklin Turned Down.
The county court. II was lnrthrr
shown and admitted by ooth Siu">; r.
fused to recugniZ" III" list offered nH
Mr. Franklin. on the GROUNDS 'nt, ~" y
of the <rvcu members ut the '"hmi'- =
leo who had signed The ccrtiilclii"n |"
The Franklin list were not l'%aI m''h'
bers Of IN" committee" ,ho
counsel for tho r"IntA court lh',
CrosScun side uf IN" nSu--"ou,'ndrd
that In. court hah - right I" 3" INT"
The question Of Facts re!nun% Il" '".,'
members rights as members ~ t.r
committee. and a right 10 pass upon ~"
legality of the m""iqS s,d %i 'i','I haH nc"mm ~
authorized 10 make UP and present IN"
counsel FOR ,h' county '"nin.', ','I,,1
the Morgan side Of IN" '1.' '"n ,,'"," :"
rrai IN" county court han u" 'H,, ,,,,,' '" y,
% behind the records of ih' c"u''N
Committee when th0SN records dia No,
sb,w that any question had h""n ralN'"
Nv III. COMMITTEES itself r"Edrc'hS nv
rights Of any Of its m"ilh'fF :" nv"
seats.
,nur.cl fnr th" county court '"Ni"iu-
,d tha, the meeting Of thu 'nnni't t''
IN January 81. al which ltalh".d WIS
authorized hv resolution l. appoint we
election officers IL be Suh'niu"d ." ih
cnupty court was the only legal nnCt-
inr held bv the committee ON III" Hu"E-
ton. ,,r ,bo
couutv committee INSISTED thAt ihc
January 81 meeting was n"' ieeal
mne,lng. all but four members having
left .tffe- room before quorum mao
hccn declared by III" chairman ana even
r. +, had been legal. two subsequent
meetings. wee held AZ which th" COM
,nittcr nv further action rrSCiud"d AN! %
thing that was done Oh January 81.
One OF these meetings was ncIu on
Sshruarv "S when seven Clcrt'a hl""'
h,-s or the committee including thr""
wbosr seats we're questioned later Ivy
,ha r,,unty court. acrrptCd the r"~iEn't.
tinn of on Of these m'nntrS a'"
named his successor. proceeding 'h'"
to oust Mctiiun!s Hatfield a. 'hairmni'
he having refused to prrSld" oyer tht
committee. and named y. ~ r'H""''"
aS chairman. = ,,
Later thcn the "ih,r lnrri'nc OF 'h'
committee WIS held un q Cal SlShci H.!
ninr members at the c"mmItt"" anu
actinu NrjLS taken confirming lh"t u lh'
February - meeting. - ,,,,,,
Former Judge J. NJ. sanders "i h,""-
,icld. George ". NrCDintiC, "i 'hd' les
ron and tTthuI Free. Of N"i2h app""r ,
od us counsel for tho count. c"nr' h'ri
t'aniain : a. ANlS. Of cha ."*'uh ana
I II Crockrtt, 0i Ncl"h r"Pr"S' 'n;"d '''
comfy ,ommittc" hcinr" tn" SupT'm"
court.