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

IHB mseloS at the OouFE House SaIur-
day night, which was made up Of dele
gates to the city convention and citizens
generally, appoinleds committee to inves-
tigate what action, If any, was necessary
= towards securing vote by ballot, and not
viva Voce, at the election on this day
week. The committee was instructed on
behalf of the meeting, ifother means failed,
to memOrislize the Legislature at its meet
ing tomorrow, to pass an act, or decla
ratOry joint resolution, establishing by law
the Interpretation of Sec. I'd of Art. Sd of
the State Consultation, which provides that
"In all cleo lions by the people the mode
of voting shall be by ballot"
.a.s We understand that the Mayor will to-
day summon q 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 thatall
our municipal elections shall be viva
Toce. If the difficulty can be settled by
the voluntary repeal of the old ordinance
at the hands of the Council, it will be
much preferable to carrying the matter
before the Legislature. Aud why should
not the old ordinance be repealed and thus
made to conform to the new order of things
among US? We have new State, a State
recognized to be as much 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 bal
lot to viva voce system in order to make
it conform to the clause in the then State
Constitution which enacted that all voting
should be viva voce, why is l. not in
like manner fitting aud obligatory that the
old viva voce 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should be now repealed, and made to con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 who are
cOntumaciously bent on opposition to the
New State, and who await the restoration
of the Bourbons to power again, can OPP
pose the repeal proposed by Mr.. Bickel in
the Second Branch the other evening. For
ourselves, we have no doubt as to how the
matter stands as legal question. If the
I'd section of the Sd article of the Consti
- ton of the State is not supreme over the
city of Wheeling, in like manner as it is
over the humblest township in the State,
then it is a nuIlity altogether, for it reads
as follows:
SIC. 2. ain all elections by the people
the node of voting shall be by ballot"
This language is as positive and 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," it must be taken to mean ius,
what il says, viz: "alI," and not certain.
or some, elections. When it further saw
that all the said elections "shalI" be BY
ballot, it does not mean may or should be
by ballot. Who tken will venture to say
that q municipal election, which is an
election BY the people, just as much, and
even more, than a township election, does
not come within the enactment of the Con.
stitution2 The words ''Gu elections" com.
prehend every election, State, county,
city or township, which can be held in the
State.
We presume that the majority of the
council of the city of Wheeling do not
wish to put themselves in antasouism
with the balance of the State. 1t certain
ly will be very great farce for them to
do so, and will assuredly result in neither
credit or advantage to the city. 1t is
about as certain as anything future can
we'll be, that the Legislature will, prior to
the election next Monday, pass an act
which will effectnally set the difficulty at
rest if in the meantime the city council
do not see proper to become voluntary
conformists to the Constitution. We sin.
Cerely trust that the matter will be fully
adjusted this evening.
The IIIItAry Idea of Reoon,,rno,,o,,
-T6o c;t;.o,, e W.