Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-08-13
on the a. OF April, le5l, being lac flrst day

of election, at the then ensuing general election
for members of the General Assembly, to be
held on the 9Th Of the following month, to open
poll and take the sense of the treeholderS of
Ohio county, on the question, whether the said
court, on behalf of the sadly county, should
subscribe TO the stock of the Henpfeld Rail
road Company, to the amount of three thousand
shares, or $4,000. At the time Of making
this order, the Court did not know of the pass.
age of the act of the 31st March, by which, as
we have seen, the right to vote upon such
question had been extended to call persons
qualified to vote for members of the Genera
Assembly" On the 9th May ensuing, being
the first day Of the May term, and but three
days before the election, having been informed
OF the passage of the act just mentioned, the
Court made an order instructing the Commits
sioners and Conductors of the election, to re-
ceive the votes of "all persons qualified to vote
for members Of the General Assembly," upon
the question of subscription submitted by the
order of the 7th of April. 1t is contended by
some that these orders were not ful6llment Of
requisition of the statute, that not less than
month should elapse between the time of the
election and the making the order; that the or
question TO the (reeho1dore of the county mere
ly, and not to the votes of call persons quail
fed to vote for members of the General Assem-
bly," was Insufficient and the defect was not
remedied by the order of the 9th May. To this
it is replied, that the franchise was regulated
by the act of Assembly, and could be neither
restricted nor enlarged by an order of The
County Court; that the jurisdiction OF judg-
ment Of the Court was limited to the question
of the company and the maximum amount of
the stock to be subscribed; and that, therefore,
SO much of the order as instructed the Sheriff
and Commissioners of election to take the sense
of the freeholders of the county, was simply
void as contrary to law, leaving the residue of
the order in full force In fact, the sense of all
persons qualified to vote for members of the
General Assembly, was taken in the prescribed
mode at the election held on the 9th May, 1851,
and the result showed most remarkable unan-
unity of opinion in favor of the subscription;
the vote in its favor not only exceeded the three
fifths required by the statute, but was almost
unanimous. We regret that in consequence of
the pol-books of this election upon this oues.
ton having been mslaid, we are unable to give
the precise vote; but the result was as we have
stated.
On the 9th May, the day after the election,
the County Court made an order directing the
Sheriff to summon the acting Justices of the
county, to attend the then next June term of
the Court, to carry out the wishes of the people
as expressed at the polls. At the June term,
that is on the I'd day of June, the Justices hav.
ing been summoned for the purpose as appear.
cd Tyf no Of Oh
of them being present, they proceeded to vote
for and against the subscription proposed to be
made on behalf of the County, for a portion of
the capital stock of the Hemp6eld Railroad
Company. There were eighteen Justices pres
emit, and they were found to be unanimously in
favor of the subscription: and thereupon it was
'ordered that subscription be made on behalf
of this County, for capital stock of the Hemp
field Railroad Company, to the amount of one
hundred and fifty thousand dollars or three
thousand shares, payable in coupon bonds of
Ohio county, which shall be made payable to
said company or its order, at twenty years fSom
their date, with interest payable sen-a nnually"
Five of the Justices, "a majority of whom were
authorized to act in the premises) were appoint
cd agents and commissioners "to make the said
to the terms on which the same shall be made.
They may also agree with the said directors as
to the place ut which the said bonds and cou.
poEs for interest shall be payable; but the bonds
for the principle shall not be in smaller sums
each, than one thousand dollars; they may
also agree with the said directors before or at
the time of making such subscription, to the
route in which the Hemp6eld Railroad, shall be
made through this county or any part thereof;
and as to the time or times when the said bonds
shall be called for by the said Company; and the
bonds may be issued under the direction of said
agents, and under the seal of this Court, attest.
ed by the Clerk thereof the same bel ing also
signed by tho said agents or majority Of them"
At the same time, the Court appointed proxy
ito vote upon the said stock, at all elections,
and at other times, when it may or shall be
necessary or proper to vote the same" We
have quoted these proceedings at length, that
we may the more clearly explain, question
that has been raised upon the validity of not
only this subscription and the bonds issued