The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-12-06
agheeliug Greister.
r CONSTITUTIONAL OBsTA'
'r TO THE RAILROAD AND
,ncrSUBSCRiPTION."

.,icl. Yesterday morning We
..,, deferred preparing any article in
-, up,il late hour, expecting to be
IT ~. 70 present our readers with the
,,sO opinions o: two gentlemen whose
;I,m.Dt on the subject is OF far more
.,bt than the legal opinion OF the
t'o, Of Mtsligsneer. Ii has been
,.,sn tor some time by the friends of
.,,,s,s 10 this city that the enemies
nnbIc Improvement were whisper
s-,uni town aud in the ears Of
.o,ncilmsu that the new Con-
.n,ion forbids the. Fubscrip-
IN, 10 the bridge aud railroad.
sbre mourning the expenses
=, III. bridge survey, the Board OF
o,,,or, employed DANIEL LAMB snd
1o,ooel C. w. B. ALLISON to examine
,,.o,e.tion. These gentlemen, early
. September last, presented to the
,,s,i their written opinion, that the
.,o.ti,ut onsl provision in question does
,o,spply 10 the subscriptions authorized
s,,be vote OF June |. This paper is
IL, the possession OF Ms GEORGE ADAMS,
~, of tie Bridge Board, who is absent
/, the ctv Of New York, aud who was
1D,c,rd home last evening. 1t lie ex-
,.c,.d that he will return to- lay, in
.ns to lay the paper itself before the
Cuacil tonight, il they feel scared by
,hslrgsl argument OF the Iate!igencer
The principal point in the opinion, 50
"a, a. we understand it, is that the
..s, psr: Of tie section ls a limitation
J The power o! the Legislature to allow
cOrp. ratiors hereafter 10 become in-
isbted 10 an amount exceeding ) per
cent. The Constitution is nothing
mar. than a law. The acts authorizing
,he Subscriptions in Question are laws
,ad unrepesled. There is nothing in
he new Constitutional law repeating
hslaws in question; 10 fact the section
o',he Constitution, bv implication, il
not in terms, recognizes the validity Of
Ihs existing laws, and courts look with
!,'sVor upon the repeal OF a law by
implication.
Again; by the act OF the Legislature
o. Vrr.inis, March IL, 1886, incorpor-
.ting the city OF Wheeling, it is de-
elsred that the inhabitants" Of a certain
portion Of Ohio county. "and their sue
cessors, shall he, ard they are hereby
made body polite and corporate by the
name and style OF the City Of Wheeling,
and as such aud by that name may
contract and be contracted with, sue
sad be sued" &c, &c. Certain persons
o. sad inhabitants are electors who, at
stated times, select members Of Council
IS their agents. The people are the
asnieip1l corporation and the Council
~. chosen by them to execute their
will. b. their vote they authorized tie
n5,riptioa and the necessary issue of
bOnd-, and it is that duty which now
rsmsns to be done by he servants OF
ih. people-the City Council.
Agar; referring to the constitutional
provision, we have the authority OF a
Seutlsmsn who was member OF the
CJn-ttutional Convention, and who Is
regarded as one OF the best legal minds
10 the State, for asserting that under
heprori;o in section 8, article l0, in
tsbtedness hereafter exceeding FIVE
Per cent may be incurred il. upon sub
mission, it receives three-fiftbs OF all
NEUTRALITY-SUSPICIOUS. II. no
u -. c.....: - oo,
hi. xb., .a..;, 80 r,oar,v This
ii, 49,. ~, - ~,
~, Ano- .yJI, uhouh.on,,rocts5
,,a., -; ~ o,,;oos
.on., .'" "e' O." ~ Loo
A.., ~ ' sou =. 40
,..-,,r ''u " -,
r ''O nave fe'e''e. '"i >,
W. ' W. u "s"'''
""'e "'' Tue 'e@S' uo"o' '
0" HAS no arp''ca''o" " Wv
,o, 'V' !" maui. ""' q"
m.I .A's."'" ",e Pc ~
~' oe authorized by the Legislature
''e VI 'ne people
e'en'' We hoih Una. '"'' -, "
N'S'Vu lOT COUNCIL 10 COUsIleT. HS y