STATE OF WEST VIRGINIA

            At a Regular Term of the Supreme Court of Appeals continued and held in Charleston, Kanawha County, on the 12th day of October, 1999, the following order was made and entered:

State of West Virginia ex rel. Richard
A. Robb, W. Kent Carper, Rudolph L.
diTrapano, Roger D. Forman, Marvin W.
Masters, Anthony J. Majestro, American
Civil Liberties Union of West Virginia,
Thomas W. Pettit, Mark E. Gaydos, Carl
N. Frankovitch, Michael G. Simon, James
C. Peterson, R. Edison Hill, Harry G.
Deitzler, Michael C. Bee and Norman
Steenstra, Jr., Petitioners

vs.) No. 26654

Honorable Cecil H. Underwood, Governor
of the State of West Virginia, and
Robert S. Kiss, Respondents

            On a former day, to-wit, September 29, 1999, came the petitioners, Richard A. Robb, W. Kent Carper, Rudolph L. diTrapano, Roger D. Forman, Marvin W. Masters, Anthony J. Majestro, American Civil Liberties Union of West Virginia, Thomas W. Pettit, Mark E. Gaydos, Carl N. Frankovitch, Michael G. Simon, James C. Peterson, R. Edison Hill, Harry G. Deitzler, Michael C. Bee and Norman Steenstra, Jr., by diTrapano, Barrett & DiPiero, Sean P. McGinley and Lonnie C. Simmons, their attorneys, and presented to the Court their petition praying for a peremptory writ of mandamus to be directed against the respondents, the Honorable Cecil H. Underwood, Governor of the State of West Virginia, and Robert S. Kiss, as therein set forth. Thereafter, on the 30th day of September, 1999, came the respondents, the Honorable Cecil H. Underwood, Governor of the State of West Virginia, by Steptoe & Johnson, Ancil G. Ramey and Michelle E. Piziak, his attorneys, and Robert S. Kiss, by Bowles, Rice, McDavid, Graff & Love, and Thomas A. Heywood, his attorneys, presented to the Court their written response thereto.
  

          Upon consideration whereof, the Court is of opinion that a rule should be awarded herein. It is therefore considered and ordered that a rule do issue directed against the respondents returnable before this Court at its courtroom in the City of Charleston, County of Kanawha, at ten o'clock, a. m., on Wednesday, the 20th day of October, 1999, commanding and directing the said respondents to show cause, if any they can, why a peremptory writ of mandamus should not be awarded against them, as prayed for by the petitioners in their said petition. It is further ordered that any party herein may file an original and nine copies of a supplemental brief or a brief on or before the 18th day of October, 1999. Any motion for leave to file a brief Amicus Curiae together with a conditionally filed brief may be filed on or before the same date. It is finally ordered that the above-captioned proceeding be, and it hereby is, consolidated with SER John F. Rist, III vs. the Honorable Cecil H. Underwood, et al., No. 26653, for purposes of oral argument, consideration and decision. Justice Davis deemed herself disqualified and did not participate in the consideration or decision of this matter. Retired Justice Thomas B. Miller and Judge Clarence L. Watt, sitting by temporary assignment.

            Service of a copy of this order upon the respondents
aforesaid shall have the same effect as the service of a formal writ.

A True Copy
Attest:
Clerk, Supreme Court of Appeals