The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-03-16
CITY AND COUNTY HIRED sEALEH
JorNrLY-CTTY MANAGER DOW
LER WISHES TO ANNUL
THE ARRANGEMENT.
Commissioners Send Letters QuoSnE
Law Permitting Agreement ana
Decision Of Supreme Court

CRY council and City Manager Charles
IT, bowler can't agree on the aaauImen'
OF the agreement between the city ana
county in the appointments: Of sea!er OF
. weights and measures AS result
city Solicitor Carl 0. Schmidt and Pros
ecuting Attorney Carl q. EaChmann are
digging into the laws.
An agreement was made by the city
with the board OF county commissioners
when the late George @. Maggie was
city manager. whereby the city ana
county jointly selected a weights and
measures SeaIer. and the salary ana eN-
pcnSes have been borne by the city an"
county Robert J. Tse!stcr was appoint
Ell as the sealer Of weights and meas
ures Cor a term OF four years.
City Manager Dowier has now re-
QueStcd tho annulmeut Of tho agree
lnent The board OF county commission
YRS took action on the request OF tho
city manager. and in letter TO MIR
Dowler told OF the agreement having
been made and quoted the law on the
appointment. holding that the appoint
mcnt was made for four years and moth
Ing should ne done before tho term OF
office expired. unless for som" JUST
cause. Council, III executive session
Tuesday night. took the matter IN ara
as tho members were divided on the
lcg3l end OF the question. left x in the
hands ct the c.ty solicitor :" investigate
and report back next Tuesday night
some members OF council arc OF the
opinion that the city should have
sealer OF weights and measures Of its
own, while others claim the contract
with The county should not be annU..cd.
Agreement Permitted BY Law.
The following letter has been write"
by the board OF county commissioners:
To the Mayor and Members OF
Council ot the City OF Wheeling,
Wheeling, W. Va.
Gentlemen:
The Board OF Commissioners Of tho
county OF Ohio have been Informed by
City Manager Charles r. Dowier. that 1t
was his desire TO annul an agreement
entered into by the City Of Wheeling
With the Board OF County Commissions
HrS. under which agreement both parties
Interested employed the same Sealcr or
Weights and Measures. and the salary
and other expenses of this office Is
borne equally by the city and county.
This agreement was entered into on
the approval or the state Scalcr Of
Weights and Measures. Samuel =. Mont
gomery. under tho provision OF Section
IL. Chapter SO, Of the Code OF West
Virginia. which reads as follows:
Nothing in section thirteen and four
teen OF this act shall be construed TO
prevent two or more counties or a COun-
y and city thereiu, from combining tho
whole or any part OF their districts, as
may he agreed upon by the county com
missioners OF the counties, or such coun-
y commissioners and the mayor or
common council OF the city employing
one set OF standards and one sealcr.
upon the written consent Of the state
commissioner OF weights and measures.
\ county sealer or city sealer appointed
in pursuance OF an agreement for such
combination shall. subject to tho terms
Of his appointment. have I'm same auth
GRITTY. jurisdiction. and duties as II he
had been appointed by each OF tho au-
thorities who are parties TO the agree
ment.
Under the provisions OF Section 49,
Chapter 50. the Scaler OF Weights and
Measures Is appointed and shall hold
office for 4 term OF four years"
Couldn't BE Removed
The supreme court Of West Virginia
decided IN case from MinEo county, the
county court OF Mingo county could not