Haislip v. White

• Decision Date: 22 September 1942
• Docket Number: 9380.
• Citation: 22 S.E.2d 361,124 W.Va. 633
• Parties: HAISLIP et al. v. WHITE et al.
• Court: West Virginia Supreme Court

22 S.E.2d 361

124 W.Va. 633

HAISLIP et al. v. WHITE et al.

No. 9380.

Supreme Court of Appeals of West Virginia.

September 22, 1942

Lee, Blessing & Steed, of Charleston, for appellants.

R. Paul Holland, of Logan, for appellees.

FOX President.

On the 2nd day of May, 1942, petitioners filed in the Circuit Court of Logan County charges against the respondents, praying that they, and each of them, be removed from the office of member of the Board of Education of said county for misconduct in office in the particulars set out in their petition. The petition contains specific charges against the respondents individually, and against them jointly, of and concerning their conduct as members of the board of education of said county. These charges may be summarized as follows:

As to Louden H. White: (1) That he was guilty of official misconduct in that he entered into a fraudulent agreement with R. L. Shelton and C. L. Williams, by which he promised and agreed that he would thereafter, as a member of said board, vote with said Shelton and Williams on all matters presented to the board, regardless of the matter in controversy, and that in consideration thereof, received the definite assurance and promise of

said Shelton and Williams that his wife, Madora White, would be employed by the Board; and that in pursuance of said fraudulent promise and agreement, she was so employed, and received compensation therefor; (2) that on the 11th day of October, 1941, said Louden H. White voted affirmatively in favor of a motion to employ his said wife, and that she was so employed and received compensation; that he so voted with knowledge that his said wife was not qualified for the position for which she was selected, and, with such knowledge, did not remove or attempt to remove her therefrom (3) by the employment of his wife as aforesaid on the 11th day of October, 1941, he became directly and indirectly pecuniarily interested in the proceeds of her contract of employment; (4) that he voted in favor of the employment of the wife of R. L. Shelton, then a member of said board of education with knowledge that such employment was unlawful.

As to the respondent, R. L. Shelton, it is averred: (1) That he entered into a fraudulent agreement with Louden H. White and C. L. Williams, by virtue of which he promised to join the said Williams and White in voting for the employment of Madora White, the wife of said Louden H. White, and in consideration thereof exacted from said White a promise to vote, from that time on as such school board member, with said Shelton and Williams on any and all controversial matters presented to the board, and in pursuance of this agreement voted to employ Madora White, who was so employed by the vote of said Shelton, Louden H. White and C. L. Williams, from which said employment, the said Madora White received compensation to the extent of at least $450; (2) that knowing the said Madora White to be incompetent to hold the position for which she was selected and being in position to do so, he failed to remove or attempt to remove her therefrom; (3) that he voted in favor of the employment of his wife for a position with the said board of education, and that she was so employed and received compensation therefor to the extent of $54.16; (4) that in voting for the employment of his wife and securing her employment, he became directly or indirectly pecuniarily interested in the proceeds of her contract of employment; and that in voting for the employment of Madora White, he did so with the knowledge that Louden H. White, a member of the board, had a direct pecuniary interest therein.

As to C. L. Williams, it is alleged: (1) That he was guilty of official misconduct in entering into a fraudulent agreement with Louden H. White and R. L. Shelton, by which he promised that he would join said White and Shelton in voting for Madora White as an employee of the said board; (2) that with knowledge of the incompetency of said Madora White to fill the position for which she was selected, he failed to remove or attempt to remove her therefrom; (3) that in voting for the said Madora White as an employee of the said board of education, he did so with the knowledge that Louden H. White, a member of the board, had a direct pecuniary interest therein; (4) that he was guilty of official misconduct in voting for the selection of Mrs. R. L Shelton as an employee of the board of education, by reason of the fact that the said employee was the wife of R. L. Shelton, a member of the said board of education, well knowing that the said R. L. Shelton was directly or indirectly pecuniarily interested in the employment of his wife as aforesaid.

Certain charges against the said Louden H. White, R. L. Shelton and C. L. Williams jointly may be summarized as follows: (1) That in September, 1941, they entered into a conspiracy and agreement, which contemplated the violation of Chapter 8, Article 5, Section 32, paragraph 3 of the Acts of the Legislature, Extraordinary Session, 1933, as amended by Chapter 33, Acts of the Legislature of 1941; (2) that on the 11th day of October, 1941, in a special meeting of the board of education, they voted affirmatively on a motion to employ Madora White, wife of Louden H. White, a member of the board, as custodian of books at a monthly salary of $100 per month, and that knowing said Madora White was neither competent nor qualified to perform the duties assigned to her, they failed to remove her from said position, and paid her for services in connection therewith the sum of $450.

It is averred in the petition that the vote of each of the three members of the board of education, against whom the charges were preferred, was necessary to the employment of Madora White and Mrs. R. L. Shelton, the other members of the board either failing to vote on the matter of the employment, or voting in opposition thereto.

On the 9th day of May, 1942, the defendants appeared and interposed their joint demurrer to the petition, and also filed their joint answer. The demurrer was overruled; a replication was filed to the answer; proof was taken on the petition on May 14, 1942; the case was argued and submitted on May 21, 1942; and on that date, the court made the following findings:

"1. That there is insufficient evidence to sustain the allegation of the petition that Mrs. Madora White was employed by the Board of Education of Logan County as the result of a promise exacted from the respondent Louden H. White by the respondents R. L. Shelton and C. L. Williams; to which finding the petitioners objected and excepted.

"2. That the proof adduced herein properly establishes the fact that the respondents did, from the 30th day of September, 1941, until the 12th day of May, 1942, inclusive, vote as a unit on matters before the Board, regardless of the subject matter, pursuant to an agreement to that effect, and the Court finds that such acts and course of conduct constituted misconduct in office; to which ruling of the Court the respondents objected and excepted.

"3. That there is insufficient evidence to sustain the charge that respondents herein, and each of them, knew that Mrs. Madora White was an incompetent person, and that, possessing such knowledge, they failed and refused to remove her from office.

"4. The Court makes no finding upon the charge contained in the petition that the respondents attempted to deprive the County Superintendent of Schools, Paul C. Winter, of his lawful duties by designating certain named persons to perform the same; to which action of the Court the petitioners objected and excepted.

"5. That the proof adduced herein sufficiently establishes the fact that the respondents Louden H. White and R. L. Shelton are guilty of the charge contained in the petition alleging them to be pecuniarly interested, directly or indirectly, in the proceeds of the contracts of their respective wives with the Board of Education of Logan County; to which ruling of the Court the respondents objected and excepted.

" 6. That the evidence adduced herein establishes the fact that the respondent, C. L. Williams, knew, or had reason to know, and is chargeable with knowledge of what the law is in that respect, that the respondents Louden H. White and R. L. Shelton were directly or indirectly pecuniarily interested in the proceeds of the contracts of their respective wives, and the Court doth find that such knowledge and the affirmative vote of the respondent Williams to hire each of the said wives constitutes misconduct in office; to which ruling of the Court respondents objected and excepted."

Upon these findings the court was of the opinion that each of the respondents should be removed from office, and it was ordered that each of them be, and they were thereby, removed from office as members of the board of education of the county...