Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-01-18

IHB nesting AT tue OOuES AAOuSS NSsS'AA :,
day night, which was made up of dele
gates 10 the city convention aud citizens
generally, appointeda committee to inves-
I tigais whstseetien, il any, was neeessary
towArds seenri1E 70 vote by ballot, and not
yisa xgee, ne eIectaon on this day
= week, Ehe committee was instructed on
behaiFiof tho meeting, n other means failed,
"a q intermediates ne Legislature Its meet
ing tomorrow, to pass an act, or deelA-
rntory joint resolution, establishing bylaw
the Interpretation OF Sec. I'd of Art. Sd Of
the State Constitution, which provides that
"In all cleo tions by the people the mode
of voting shall be by ballot"
We understand that the Mayor will to-
day summon meeting of the Council at
their Chambers this evening, in order that
action yea or nay may be taken on the old
ordinance of the city which enacts that ali
our municipal elections shall be viva
voce. If the difficulty can be settled by
the voluntary repeal of the old ordinance
at the hands of the Council, II will be
much preferable to carrying the matter
before the Legislature. And why should
not the old ordinance be repealed and thus
made to conform TO the new order of things
among Us? We have a new State, State
recognized to be as much q State as ever
Virginia was, and whereas the City Coun-
Gil many years ago. when the town of
Wheeling became the City of Wheeling,
changed the method of voting from ball
lot to a viva voce system, in order to make
il conform to the clause in the then State
Constitution which enacted that all voting
should be viva voce, why is IL not in
like manner fitting and obligatory, that the
old viva yoce ordinance of the Council
should be now repealed, and made to con.
form to an amendment of the Constitution
of the new State, which provides that all
voting by the people shall be by ballot?
1t seems to US that only those whoiare
contumaclously bent on opposition to the
New State, aud who await the restoration
of the Bourbons to power again, can OPP
pose the repeal proposed by Ms. Bickel in
the Second Branch the other evening. For
ourselves, we have 90 doubt as to how the
matter stands ns legal question. If the
I'd section of the Sd article of the Consti
tion of the State Is not supreme-over the
city of Wheeling, iG like manner as it Is
over the humblest township in the State,
then it is nullity altogether, for it reads
as follows:
SEC. 2. ain all elections by the people
tho node of voting shaH be by ballot"
This language is as positive aud unmis-
taxable as language can be, and is no.
where qualified, altered or abridged
throughout the Constitution. When,
therefore, it says, "All elections by The
people," 1t must be taken to mean Just
what 1t says, viz: ''all," and not certain
or some, elections. When it further says
that all the said elections 'tshall be by
ballot, it does not mean may or should be
by ballot. Who tker will venture to say
that municipal election, which is an
election BY the people, just as much, and
even more, than township election, does
not come within the enactment Of the Con.
stitution2 The words "altelectiOus" CON
preheud every election, State, county,
city or township, which can be held 10 the
State.
We presume that the majority of the
council of the city of Wheeling do not
wish to pat themselves in antagonisu
with the balance of the State. 1t certain,
ly will be very great farce for them tc
do SO, and will assuredly result in neither
credit or advantage to the city. II i.
about as certain as anything future car
WslI-be. that the Legislature win, prior tic
the election next Monday, pass an ac
which will efectually set the difficulty a
rest, IL in the meantime thelcity counci
do not see proper to become voluntary
confotnistSlto the Constellation. We sin
cerely trust that the matter will be full
adjusted this evening. s-..