The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-02-04
Try Re0uest.O

Il. #. Eeeny was called to the chair and /
John "A. White, Esq, appointed Secre-
AIRY. The object of the meeting was
explained to be the preparation of a re!
'pectful remonstrance against the pass
age, by the Legislatures of Senate Bill
No. l." "a bill which is designed to en-.
able q lew private parties to prevent
The cemetery grounds now used by the
of Ohio county from being
devoted to burial purposes. A.-'s-z
The following gentlemen were APP
pointed committee TO draft resolutions
expressive OF the sentiments of the
meeting: Caleb Borgess., N. ,Reisler,
M. Reilly, George busch, and N. Craw!
I Arer the COMMITTEES had retired,
addresses, were delivered by Messrs.
Daniel Lamb and J. g. Cha dlet, pro.
Testing against the injustice to be done
by the passage of said tSenate Bin No!
l." The following resolutions were
repol ted by the COMMITTEES and unaniL
mously adopted 49,, ~ - i''"E
ReSotred, THAT in our opinion, the
bill now before the Leg Stature of West
Virginiu, to incorporate the village Of
Leatherwood, near the city of WheelI
ing, and known as Senate Bill MOL,
has no merit or Just claim to the favor
able consideration of the Legislature,
and should not pass into a law for the
following reasons, w: s-iiF,l ,.'' ~ =
!. There is not now, nor is there any
good reason to believe there soon viii
be, such a number of persons within
the prOpused corporate limits, as to
render The usual corporate powers
necessary for the preservation Of good
order and protection ofthe persons and
property OF the people thereof. ''q
2. Because these citizens, neither by
reason OF, their persons or property,
have any higher claims to the grant
numberNot citizens elsewhere with equal
quantity of S1and.i And no reason has
been given or attempted, which can
justly entitle them, TO the appointment
or election Of a number of officers or
suffragans, and the exercise OF other
powers usually conferred on cities and
towns containing a large number of
Inhabitants, such as taxation, condem-
nation of property, &C., &C. ~ !. "a
3. Because there are only eleven per-
sons in all who own the land within
the proposed corporate limits, amount
ing to about fifty acres, and Of this
number six, who own about forty
acres of said land, are seeking this
grant. of power from the Legislature
five of the lRndholders, who own about
nine acres, the residue OF the land, and
which can be easily excluded from the
proposed corporation without destroy
ing the contiguity of the others.
4. Because the grant of corporate
powers in this instance is not asked for
because it is required and necessary for
the common good, but for the avowed
purpose OF securing to portion of the
landholderS the power to defeat the
lawful use which the others propose to
make of their land. "'
5. Because, by the fundamental prin-
ciples of natural law and JUSTICE"
every one is permitted to use his own
property as he may choose, SO he does
not injure another thereby; and wheth-
er he is injuring, or about to injure an
other by such use, is a question of fact,
to be determined by the courts of the
country, in accordance with the rules
OF evidence, regulated by law, and this
bill, in violation of the right, transfers
the trial of such fact from the impartial
courts OF the country to the village
council-a special court to be selected
with reference to. and because of their
interest in the result. lr .-. .e4r.- ,..-
b. Because the question of fact as to
whether the use of said nine acres as q
will injure the other parties
who are united in securing the passage
them, before the courts of the country
having competent authority to try it,
and clothed with full power by law to
prohibit such use if tits ascertained to
be Injurious to another. And the OBJ
ject of this bill is to secure by special
legislation what's not theirs by the
laws OF the land, and what is prohibited
others In like situation. ~. ~ il.
heSotVed, That having no property
Interest in the subject Of the Legisla-
tive action proposed, we would not
have felt ourselves called upon
either as Citizens or Catholics, to
take any part in the controversy. al
though some of the parties thereto are
Catholics, who, claiming the right SO to
do, propose to use their-land as Catho-
TIC graveyard. But, so far as we! were
interested, we would have trusted to
the wisdom and justice of the Legisla-
ture in giving due and proper weight
to the reasons herein before stated
against the passage of the bill referred
to, II other and improper influences
had not beeniresorted to!I Yet when
Senators, to secure the, passage of the
bill into law ltdriscriminate against
because of their religion,
they violate the Constitution of the
State which declares that, ttall mem are
free to profess; Andimaintainiby arRu.
ment, their opinions in matters of ire-
hgion ,nand the sameT shall is no wise
affect, diminish or enlarge their civil
capacities" And 1t is to be hoped that
all just men, all who value religious
liberty wllluntte in condeInningi such
abuse ofipower and protest against all 4
legislation which Discriminate bet Wteen
citizens because of their opinions or
religious faith, as unjust, unequal, and
dangerous to civil and religious liberty.
HeS0IOed. 9 Ihatthis meeting hereby
Du blielY declares 5ifae PeSnnct for tIa