82 W. Va. 752 | W. Va. | 1918
The relators in these cases severally applied to this court for writs of mandamus to compel Frank B. Smith, Clerk of the Circuit Court of Wetzel County, William L. Newman and Frank Wells Clark, composing the Board of Ballot Commissioners of said county, to print their names on the official ballot to be voted at the ensuing election, as nominees of the republican party for the following offices: T. D. Lamb, for Superintendent of Free Schools of said county; J. W. Santee and Joseph Newmeyer, for House of Delegates, (Wetzel county being entitled to elect two); Baker Cosgray, for Commissioner of the County Court; and Z. W. Ankrom, for President of the Board of Education of Magnolia District in said county.
Alternative writs in each case were issued on the 3rd of October, returnable October 9th, 1918, and have been returned duly executed upon the respondents. No return or answer is made and no appearance to the writs.
To entitle them to the writ relators must show a clear, legal right to the same, it must appear that they are the regular nominees of the republican party for the respective offices designated and that they ivere nominated in the manner provided by the primary election act, or that they have been selected in the manner provided by the act to fill vacancies which have occurred in the nominations since the primary election.
In the ease of T. D. Lamb, the alternative writ alleges there were two candidates for the office of county superintendent, of free schools on the republican ticket each of whom received the same number of votes in the primary election, as was shown by the certificate of the board of canvassers, that the republican county executive committee broke the tie by drawing lots in the manner provided by. law, and said Lamb was drawn as the candidate, and that this fact was certified
In the cases of J. W. Santee and Joseph Newmeyer, candidates for the House of Delegates, the alternative writs aver there were eight candidates voted for in the primary election for the House of Delegates on the republican ticket, each receiving the same number of votes as shown by the certificate of the board of canvassers; that the republican county executive committee, in the manner required by law, broke the tie and that Even Williams was drawn as one of the candidates of the republican party and J. W. Mclntire as the other; that each of the candidates so drawn resigned, and the republican county executive committee thereupon appointed J. W. Santee and Joseph Newmever to fill the vacancies thus occasioned.
In the case of Baker Cosgray, candidate for the office of Commissioner of the County Court, the alternative writ does not aver how many candidates were voted for in the primary election for said nomination on the republican ticket, but simply avers that the said Cosgray was nominated, he having received a majority of the votes as found and certified by the county court of said county, sitting as a canvassing board.
In the case of Z. W. Ankrom, who claims to be the nominee of the republican party for the office of President of the Board of Education of Magnolia District in said county, the petition alleges there was no republican candidate voted for •at the primary election for said office, and consequently a vacancy was created in said nomination, and that the republican county executive cominittee of Wetzel county appointed the said Ankrom to fill said vacancy and certified the fact to the board of ballot commissioners.
It is averred in all the writs in the foregoing cases that • a majority of the board of ballot commissioners refused and •continues to refuse to place the names of the several relators upon the official ballot to be voted at the ensuing general election. In none of the foregoing cases has the relator
There is an additional reason why relator Ankrom should be denied the writ. He avers that no one was voted for for the office of President of the Board of Education of Magnolia District and claims to have been nominated by the republican county executive' committee to fill the vacancy thereby occasioned. Section 20 of the aforesaid act authorizes the executive committees of a political party to nominate a candidate, "if any vacancy occurs in the nominees of any party after the holding of any primary election.” Otherwise it is not authorized' to make nominations.' Before there can be
These observations lead to a denial of the writ in each of the foregoing eases. Writ denied.