Select Documents from Minear et al vs. County Court of Tucker (Supreme Court Records, Ar1800)
To the Honourable Judges of the Supreme Court of Appeals of West Virginia:
Your Petitioners, the undersigned A. C. Minear, F. S. Pifer, W. E. Cupp, O. D. Minner, J. P. Minear, Jacob Nine, William Lipscomb, D. S. Minear, D. W. Gilmore and George A. Griffeth, on behalf of themselves, as citizens and taxpayers of the County of Tucker, and all other citizens and taxpayers of said County who come in as Petitioners to prosecute this petition, respectfully represent that they are aggrieved by an order made in vacation by the Honorable Jos. T. Hoke, Judge of the 3rd Judicial Circuit, on the 26th day of July 1893 in the matter of Petitioners against the County Court of said County praying for a writ of certiorari to the judgment of the said County Court in said matter, entered on the 10th day of July 1893.
A complete transcript of the record and proceedings in said matter, together with the said Petition and order of said Judge refusing the said writ, are herewith filed, as parts hereof marked "Record &c," and are prayed to be read as part hereof.
Petitioners aver that the said Judge erred in denying the prayer of Petitioners, and in refusing said writ, and they therefore pray that a writ of error may be awarded to said order, and a supersedeas granted to said judgment of the said County Court.
And Petitioners will ever pray &c.
A. C. Minear, F. S. Pifer, W. E. Cupp, O. D. Miller, J. P. Minear, Jacob Nine, Wm. Lipscomb, D. S. Minear, D. W. Gilmore, Geo. F. Griffeth
A. B. Parsons, L. S. Auvil, J. Hop. Woods, Attys for Petitioners
A. C. Minear
F. S. Pifer
W. E. Cupp
O. D Miller & others
The County Court of Tucker County
In Vacation Certiorari
This day A. C. Minear, F. S. Pifer, W. E. Cupp, O D Miller and others presented to the undersigned Judge in vacation their petition praying for a writ of certiorari against the County Court of Tucker county, requiring it to remove the record of the proceedings in relation to the relocation of the county seat of said County at parsons as specified in said petition and to produce the same before the Circuit Court of said County, and to abide by and perform any order of said Court, that may be made in relation thereto, After considering the matters alleged and complained of in said petition, the prayer of said petitioners is denyed and said writ of certiorari is refused. Done in vacation This 26th day of July 1893
Joseph T. Hoke
Judge 3d Circuit - W. Va.
State of West Virginia
At a Special session of the County Court of Tucker county held at the Court House thereof on Thursday the 4th day of May, 1893. Present M. Myers, President and H. J. Wagoner and James W. Campbell, Commissioners.
The Clerk in whose custody the ballots, poll books, tally sheets and certificates of the special election held on the 28th day of April, 1893, were placed, this day filed the same before the Court for examination, and the Court in compliaance [sic] with Sec. 68 of Chapt. 3 of the Code, proceeded to count the ballotts [sic], which count showed the total number of ballots cast at each precinct in this county on the 28th day of April, 1893, to be as follows;
|In Licking District, Precinct No. 1          ||85 ballotts [sic]|
|"    "             "             "        "    2          ||27 "|
|" St. George District Precinct No. 1          ||158 "|
|"  "      "           "           "           "  2          ||59 "|
|In Clover District,        "           "   1          ||84 "|
|"        "           "             "           "  2          ||101 "|
|" Black Fork District    "           "  1          ||272 "|
|"    "           "       "         "          "  2          ||74 "|
|In Fairfax District          "         "   1          ||216 "|
|"       "           "             "           "   2          ||412 "|
|" Dry Fork District      "           "   1          ||126 "|
|"  "       "           "         "            "   2          ||23 "|
The ballots were again sealed up in a new envelope and endorsed across the seal by the Commissioners as required by law and placed in the custody of the Clerk. The Court this day proceeding to examine the returns doth find and ascertain that the entire number of votes cast for the relocation fo the county seat at Parsons, Tucker County, West Virginia, at the special election held on the 28th day of April, 1893, was eleven hundred and ten  and against relocation of the county seat five hundred and fourteen . And it appearing to the Court that three fifths and upwards of all the legal votes of said county of Tucker were cast in favor of removal of county seat from St. George to Parsons, it is therefore declared carried.
Whereupon A. C. Minear, tendered this his bill of exceptions in the following words, that is to say:
Be it remembered that on the [blank] day of May, 1893, the County Court of Tucker county met in special session for the purpose of declaring the result of the special election held on the 28th day of April, 1893, on the question of relocating the county seat of said county.
Whereupon, A.C. Minear, a citizen and taxpayer on behalf of himself and all other citizens and taxpayers of said county, objected to the said Court certifying and declaring the result of said election, and that a majority of said votes so cast at said election necessary to remove the said county seat to the town of Parsons be counted and that the same be rejected upon the following grounds to-wit:
1st. Because the Act of the Legislature of West Virginia, Section 15 of Chapter 39 of Code of 1891, is unconstitutional and void. That the Legislature had no right to authorize a special election to be held for the purpose of relocating any county seat. That the said Act is clearly an unquestionably against the spirit and intent of Section 39 Article 6 of the Constitution of the State of West Virginia.
2nd. Because the ballots received from the Commissioners holding the said election at the following places to-wit: Precinct No. 1 in Black Fork District where there were 263 votes cast for removal and Precinct No. 1 in Fairfax District where there were 199 votes cast for removal of said county seat to the town of Parsons, and Precinct No. 2 in Dry Fork District where there were 21 votes cast for the removal of said County seat to the town of Parsons, were not endorsed across the seal of the envelope or package containing the said ballots, by the said Commissioners of election at said voting places as required by Section 67 of Chapter 3 of the Code.
3rd. Because the Commissioners of election and Clerks at precinct No. 2 in Black Fork District were not sworn as required by section 11, Chapter 3 of the Code.
4th. Because the Clerk of the Circuit Court of said county failed to have published in two newspapers within the county the question to be voted on at said election for ten days before said election.
5th. Because no place was designated in the notice given by the Court for holding the election in Black Fork District at precinct No. 1, that the same was left blank.
6th. Because the notice as required by section 6 of Chapter 39 of Code for holding special sessions of the County Court was not posted the two days before the said session of Court as required by law.
All of which exceptions and objections the Court overruled and certified the said returns and declared that Parsons, the place voted for at said special election had received the necessary number of votes to remove the said county seat to the town of Parsons.
To which rulings and certificate of the County Court the said A. C. Minear excepts, and tenders this his bill of exceptions and prays that the same may be signed and sealed and made a part of the record, which was accordingly done.
M. Myers Pres
J. W. Campbell
H. J. Wagoner Comm'rs
The question having been raised as to the sufficiency of the notice of this session of the County Court, upon consideration whereof the Court enters the following as the facts concerning said notice upon its order book. That notice of this session of this Court was posted at the front door of the Court House of this county on May 2nd, 1893, at 10 o'clock and notice was served upon J. W. Campbell on May 2nd, 1893 between 11 and 12 o'clock A.M., and that this Court convened on the 4th day of May, 1893 at 11 o'clock A.M.
Ordered that the Court be now adjourned.
M. Myers, Pres.
A Copy from the Record
Teste: - Wm. M. Cayton Clerk.
State of West Virginia,
At a special session of the county court held at the court-house thereof on Friday, July 21st, 1893. Present M. Myers, Pres., and Howard J. Wagoner and J. W. Campbell, Commrs.
At a regular session of the County Court of Tucker County held on the 10th, day of July, 1893 an order was entered by the said court declaring the town of Parsons in said county to be the county seat thereof, and an order was entered requiring the Clerk of this Court to post notices in at least six places in the said county asking for bids for the removal of the safes, records, furniture &c, from the town of St. George to the said town of Parsons, which bids were to be opened this day, and upon inspection of said bids Poling Brothers were found to be the lowest bidders, therefore it is considered that the said Poling Brothers be awarded the contract for the sum of one hundred and twenty dollars ($120.00) for the removal of the safes, furniture, records &c, as aforesaid. Said removal to take place the 7th, day of August, 1893 or as soon thereafter as possible. Said contractors to properly place the safes, furniture, records &c, in the new court-house in the said town of Parsons.
Teste: - Wm. M. Cayton Clerk.