(Senate Bill No. 1.) CHAPTER 2. AN ACT to amend and re-enact sections one hundred and one (101), one hundred and two (102), one hundred and three (103), and one hundred and four (104) of an act of the legislature of West Virginia, passed February eleventh, nineteen hundred and seven, entitled: "An Act to amend, revise and consolidate into one act the act of the general assembly of Virginia," passed March eleven, eighteen hundred and thirty-six, entitled: 'An Act to incorporate the city of Wheeling in Ohio county', and all subsequent acts, both of the general assembly of Virginia and of the legislature of West Virginia, which form part of the charter of the city of Wheeling." [Passed February 1, 1908. In effect ninety days from passage. Approved February 7, 1908.] Be it enacted by the Legislature of West Virginia: That sections one hundred and one (191), one hundred and two (102), one hundred and three (103), and one hundred and four (104) of the act of the legislature of West Virginia, passed February eleventh, nineteen hundred and seven, entitled: "An Act to amend, revise and consolidate into one act the act of the general assembly of Virginia," passed March eleven, one thousand eight hundred and thirty-six, entitled: 'An Act to incorporate the city of Wheeling in Ohio county,' and all subsequent acts both of the general assembly of Virginia and of the legislature of West Virginia, which form a part of the charter of the city of Wheeling, are hereby amended and reenacted so as to read as follows: Sec. 101. There shall be a system of civil service in the fire department and in the water department of the city of Wheeling, in accordance with the provisions of the three sections next following, numbered respectively one hundred and two, one hundred and three, and one hundred and four, which three next following sections shall be in force notwithstanding anything to the contrary hereinbefore in said act passed February eleventh, one thousand nine hundred and seven, or in any other law, contained. Sec. 102. The board of control shall separate the officers and employees of the fire department into two general classes, and the officers and employees of the water department likewise into two general classes, one of such classes to be known as the official service, and the other as the labor service; the former or class to be known. as the official service shall come under the civil service, and the other class to be known as the labor service is expressly excluded from the operation of such civil service. From and after the making by said board of control of such classifications, appointments in the official service aforesaid in said two departments last named shall be conferred only upon those showing by competitive examination and test that they are best fitted for the respective positions to which they respectively seek to be appointed, but in no event shall the political or religious affiliations or belief of an applicant for a position or employment in either of such classes be considered either for or against the applicant or in anywise be permitted to influence any appointment or employment in either of such departments. And said board. of control may change such classification from time to time. Until such board of control shall make the appointments in the official service in said fire department and water department, as in the next section authorized, the chief of the fire department of said city and superintendent of its water works, now in office, shall remain in their respective offices or positions aforesaid at their present rates of salary respectively, and respectively conduct their departments under the rules now prevailing respectively the same, until their successors shall be appointed hereafter by said board of control and duly qualify. But in case either said chief or superintendent shall die before his successor is appointed by such board and qualified, the vacancy in the office shall be filled by election by the city council until such appointment is made by such board and the appointee has qualified. Sec. 103. The board of control shall have charge of such civil service and make the appointments in the official service aforesaid in said fire and water departments of said city after such competitive examinations and tests. Sec. 104. The board of control shall from time to time prescribe rules and regulations governing the said civil service and providing for examinations and tests to be given applicants for appointment to.. position in the official service aforesaid in said fire or water department, and the method, scope and extent of such examinations and tests, and such board shall also from time to time prescribe rules and regulations for the conduct and government of said two departments. The rules and regulations of said board shall provide for appointments within such official service in said two departments on the basis of ascertained merit; but notwithstanding anything to the contrary in this section or in any other section of the said act of February eleventh, one thousand nine hundred and seven, contained, when a vacancy shall occur in the office or position of chief of the fire department or superintendent of the water works, after the first appointment to said offices or positions shall have been made by said board, such vacancy shall be filled by the appointment of some member of the official service in the department in which such vacancy has occurred. Any one holding a position in such official service shall only be removed for official misconduct, incompetence, neglect of duty, or gross immorality, by said board after charges in writing have been filed before it and the accused summoned before it and a trial had of such charges before said board. Subpoenas for witnesses to testify upon such trial shall be issued by the clerk of the circuit court of Ohio county, and the witnesses compelled to testify by said circuit court by like proceedings as in cases in such court. An appeal of right shall be allowed the accused from a judgment of said board upon such charges against him to such circuit court, on which appeal the testimony shall be heard de novo and judgment rendered without regard to the decision of said board in the case; and the proceedings on such appeal shall conform so far as applicable to the proceedings in circuit courts for the removal from office of county officers. All acts and parts of acts in so far as in conflict with this act, are hereby repealed. (Senate Bill No. 9.) CHAPTER 3. AN ACT to establish the independant school district of Buckhannon, in the county of Upshur, and state of West Virginia. [Passed February 20, 1908. In effect from passage. Became a law without the approval of the Governor.] Superintendent of schools, salary and duties, vacancy, how filled. Teachers; appointment and qualification of. Superintendent and teachers; removal of. Levy; how conducted. Bond issue; interest; when paya- Duty of board as to payment of Collecting officer, compensation. When money to be paid out by collecting officer; settlement with board. Election for establishment of independent school district; how conducted. Be it enacted by the Legislature of West Virginia: Sec. 1. That in the event a majority of the votes cast at an election to be held on the second Tuesday in April, one thousand nine hundred and eight, in Buckhannon district, in Upshur county, West Virginia, be in favor thereof, the following described territory in the county of Upshur, including the town of Buckhannon, shall, after the result of such election is ascertained and declared, be an independent school district, and be known as the independent school district of Buckhannon, to wit: All of the town of Buckhannon and the territory adjacent thereto, and bounded and described as follows: Beginning at the line between Jacob Dean and D. W. Dix on the Buckhannon river, below said Dean's residence; thence a straight line in a western direction to the low gap where the Clarksburg and Buckhannon turnpike crosses the hill south of Luther Martin's residence; thence a straight line in a western direction to a point where the Glady road intersects the Staunton and Parkersburg turnpike; thence a straight line in a southern direction to the line between the farm of M. J. Jackson and the Montaville Reger heirs; thence with the said line in an eastern direction to the Buckhannon river; thence with and down said river to a point on said river, on the south side thereof, and opposite the place of intersection of the old Crites mill road with the Staunton and Parkersburg turnpike; thence across said river to the intersection of the said old Crites mill road; thence a straight line through the land of Adam Post and J. W. Heavner to the Heavner ford in the Buckhannor river; thence with and down said river to the place of beginning. Sec. 2. The board of education of said independent school district shall consist of a president and two commissioners, who shall be a corporation by the name of the "Board of education of the independent school district of Buckhannon," and by that name may sue and be sued, plead and be impleaded, purchase and hold so much real estate and personal property as may be necessary for the purpose of this act, and without any transfer or conveyance they shall be deemed the owners of all real and personal property within the territory aforesaid, now held or owned for free school purposes, and they shall have all the powers, perform all the duties and be subject to all the liability, both of boards of education and trustees. They shall hold their offices for the term of four years, beginning on the first day of July, next after the election at which they are elected. When this act shall take effect S. C. Rusmisell shall be the president of the board of education of the independent school district of Buckhannon for a period of four years from and after the first day of July, one thousand nine hundred and seven, until the expiration of the four years term for which he was elected under the old law; and M. C. Brake shall be one of the commissioners of the board of education of the independent school district of Buckhannon, who shall hold his office for a period of four years, dating from the first day of July, one thousand nine hundred and seven, the term for which he was elected under the old law; and U. G. Young shall be the other commissioner until the election of his successor at the next general election, to be held in November, one thousand nine hundred and eight; and said president and commissioners shall hold their office as herein specified until their successors are elected and qualified according to law, and a president and one member of said board shall be elected at the general election every four years thereafter. But nothing herein shall be construed to prohibit the re-election and eligibility of any member of such board for two or more terms. Vacancies in the board shall be filled for the unexpired term by appointment by the board. Sec. 3. The independent school district of Buckhannon, herein authorized to be established, shall conform to and be governed by the |