The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-05-22
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iunctiou instantly, without waiting fol
dscision. az the nit. Even if DE Board
hsd Aathority. ia proper .eenrse. would
he to refer the parties to the Court
where they have q fullIremedy.
Mr.. Peck said he would answer their
arguments, if he could find the grounds
upoh which the defendants stood. If
90 to Court in this matter and ask fol-
an Injunction. j would be asked why 1
did not 20 to the Board, of Supervisors.
You cannot eau . graveyard . nuisance,
and nnless the act Of 1864 gives the
Board power to regulate their location,
there is no :fenedy.s The Legislature
undoubtedly intended in tho act TO give
the Board jurisdiction over ceme-
teries. We expect to prove that the
location of this cemetery as proposed,
wonId iniure the water SO that it could
not be used. We expect to prove that
IL Is detrimental to health to drink wa
ter that has run through 'corpses. We
do not know whether the Court would
grant an injunction aud while the case
was being tried, the graveyard might
be filled M. The Court is always open
to redress wrongs, and might grant an
Injunction to restrain parties until their
right could be ascertained, in cases
where the injury has been, or is being
done but doubt if court of equity
would take jurisdiction in a case where
in the injury might, but has not yet
/ do not know that the Court
could enjoin the several lot-holders
from doing as they propose. The in
Jury is prospective, and it was the in
tention of the law to give the Board ju-;-
risdiction and power in cases Of this
sort. where it is not proper to 60 before
the Court. We cannot sue at law, and
If we have no right to go before
Court, how can it do anything in the
matter. If this statute does not give
the Board power in such matters, l. do
not know of any that does. As to the
in regard to the incoRveni-
nnce the Board would be subjected TO
by similar cases arising, it ought not to
enter ;ntoItbe question. Y IL il has the
:.-es :. :, Sc 5rtv In in
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- sc .I,o oot IN conf.rring
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q Ia 80 rousr
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IS an amendmeht 10 Mt. jacob ies'
ution:
Resotred, lhat IL Is lneApeaien' nv. ~.
n m,3 " =
AT. pool s.;d rho reso,ntion inst Of.
- ,,oots o,r v;evs hetter than the
,.,n. =. aar,;., ;,r;.d;ot;sn Init ss,s
. = M. oxnod;ort r. exercise Il IF il
. ;,oxnod;ort 70 oct in this case in
chat case will II he expedient, If this
80, .,..:, H. ,nu oot;o, :, s,ch
49,. - al oon th.ra Ina n more
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annot know the eXpediency unless you
A., o.a, tLo+ oon,as nm ond xra
vant tn show Won that it is not mex
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in all cases, then the law Is
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A''' ~ -,
Nays-Messrs. Wallace, Handlan and
Jacobs. .
The ayes and nays were called for upon
he original resolution
AYES - Messrs. Wilson, Salisbury,
Jacob and Goods.
Nays-Messrs. Alexander, Wallace and
The report of the Commissioners of
he Sinking Fund was read, showing:
Or.
ash on hand; Co..:,.. ,rr...nrcr 'o'
on levy of 1866. .......:............ $4,000
slsss CT
DR.. .,.,s
n n,nrs, di.hurssd by Commission.
crs, being 81 per cent. on sls,7a'46 iSsos
s5osg4
ssue Of Sinking Fund bonds out 40, NM ~
u.