Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-08-09
As we have stated in our paper of Yesterday


on the 18th March, 1851. 1t seems TO have
been contemplated by the friends of the work,
in its very inception, that the county of Ohio,
with the other municipalities interested, should
contribute to its stock by liberal subscriptions;
for we find, that at the very first term Of Ohio
County Court held after the passage of the act,
that is, on the 7th April, 1851, application was
made to that Court, to take the preliminary
steps towards the making of a subscription on
behalf Of the county, to the amount Of three
thousand shares, or 10000 dollars 1t is prop
er that we should explain the mode prescribed
by law for making subscription by the County
Court of any county, to the stock of any CON-
pany incorporated to construct a railroad or
turnpike Through, by or near" said county
By the 2eth section of the 6lst chapter Of the
Code of Virginia, it is enacted in such case, that
"the county court of said county may make an
order requi. ing the Sheriff and Commissioners
of elections, at the next general election of mem
bers of the General Assembly, or at any other
time, not less than one month from the date of
the order, which shall be designated therein, to
open poll, and take the sense of the freehold
ers of such county on the question, whether the
said court, on behalf of such county, shall sub
scribe'to the stock Of such company. The said
order shall state the maximum amount propos-
ed to be subscribed, which in no ease shall ex-
coed the one-third part of the stock to be sub
scribed by others than the State" The seth
section Of the same chapter prescribes the mode
in which the poll shall be taken and returned by
the commissioners of elections; and the 40th
section is in the following words: "If by the
said poll pooks, it shall appear that threetifths
Of the freeholders Of such county, voting upon
the question, are in favor Of the subscription,
the said court, at ITS term next after the taking
of the said polls. shall make an order requiring
the Sheriff to summon the acting Justices there
of, to attend the next June term of the court,
to carry out the wishes of the freeholders."-
The 41St, 42d and 43d sections 0fthe same chap
ter, being deemed Of great Importance in deci-
ding upon the various questions that have been
raised, we shall make literal transcript ofthem
also.
See 1 I'd T Th En ectjng justices being summoned
iority being present, shall have power to deter
mine what amount of the capital stock mot en-
ceeding the maximum mentioned in section
thirty eight of this chapter) shall he subscribed
for, on behalf of such county, and shall enter
on record the amount so agreed to be subscribed;
and thereupon shall appoint agent to make
the subscription, to be paid in such instaments
as may be agreed upon by said court, or as may
be called for by said company.
Sec. 40. For the purpose Of paying the quo.
taS on said stock us they may be called for or
the installmentS of such subscriptions as they
may fall due, the court, at its June Term, shall
have power to appoint agent or agents to
negotiate u loan or loans, for and in the name
Of such county, and at the term at which il
makes its county levy, shall levy on all the
lands in such county without the limits of q
town that provides for its poor and keeps its
streets in order, such tax to pay the amount
of such subscription or Of such loan or loans as
may be authorized and the interest thereon, as
said court may deem necessary and proper; and
from year to year repeat such assessments until
the subscription or loan made by such court,
together with all interest, is fully paid. But
such levy, for year, shall not exceed One-fiEth
of the whole amount OF such subscription.
Sec. 4S. The right TO stock in any company
subscribed by any county under the authority
OF the two preceding sections, shall rest in such
county And the court OF the county shall
have power from time to time, to appoint n
proxy to represent the stock in the meeting of
the stockholders Of the company; and also, an
agent to collect the dividends on its stock,
which dividends, when collected, the said court
shall annually apply 10 the diminution of the
levy on land in such county"
code were amended by the 7th section of an act
passed on the Slst of March, 1851, entitled,
IAN act amending the Code of Virginia This
section is in the following words:
Sec Z. In chapter sixty-onc, in sections
thirty eight, thirty-nino and forty, wherever
the word ''lreeh"ldcrs' occurs, the same is
deemed to be stricken out, and the words "per-
sons qualified to vote for members of the Gen.
eral Assembly" inserted in lieu thereof In the
same chapter, section forty-two, in the sixth
line, after the word lands, the words ''and all
other subjects liable to State tax and county
levy" shall be deemed to be inserted In the
same chapter section forty three, in the eighth
line, the words "On lands" shall be deemed to
be stricken out"
No one can be at loss to apply the amend
ments made by the act of 3lst March, 1851, to
the sections Of the chapter of the Code we have
quoted. The one most material to the early his
tory of our present inquiry, is the extension of
the franchise of voting upon the question of
subscribing, heretofore confined to freeholasrs,
to 'all persons qualified to vote for members of
the General Assembly," Upon the fact of this
amendTnpnt n oucSt;oD bOc hoo, -.;..a IL,