The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-12-05

inthe city council Tuesday evening touch
ing the subscriptions to the corporation
called the Wheeling & Lake Erie Rail
way Company, and the Wheeling & Ohio
Union Railway Company, and with thC
documents relating thereto, printed Ii
our columns this morning, we invite tht
attention Of city readers to the tollowint
provisions of the State Constitution which
has been in force since the 22d day o
August last
"S. No county, city, school district, OF
municipal corporation, except In case,
where such corporations have already au
thorized their bonds to be issued, shal'
hereafter be allowed 10 become indebted
In any manner, OF, Tor any purpose, to ar
amount, including existing indebtedness
in the aggregate, exceeding five per cen
tum on the value Of the taxable property
therein to be ascertained by the last:as.
sessment ior State and county taxes, pre-,
ViOus to the incurring Of such indebted.
ness; nor without, at the same time, pro.
Viding for the collection OF direct an.
nual tax, sufficient to pay, annually, the
interest on such debt, and the principal
thereof, within, and not exceeding thirty.
four years: Provtded, That no debt shall
be contracted under this section, unless
all questions connected with the same
shall have been first submitted TO vote
of the people, and have received three.
tiflhs ot all the votes cast for and against
the same"
The city Of Wheeling is a municipal
corporation. The reading OF the forego-
ing, in its application to this city is this
The municipal corporation OF Wheel
ing, except where such corporation has
already authorized its bonds to be issued
Is not allowed to become indebted
in any manner or for any purpose, to ar
amount which added to existing indebt
edness will make more than FIVE per cent
on the value Of taxable property within
the corporate limits, as assessed for STATE
and county taxation; nor without provid-
ing for direct annual tax sufficient L
pay the interest and redeem the principal
in thirty.lour years; nor under any cir
cumstances until all questions connected
with the contraction Of such debt shal
have been submitted to the people and re
ceiVed their approval by a threefifthl
vote.
The contraction Of the debt proposed Il
clearly forbidden except as to such sum
as would raise the existing debt to five
per cent on the tax basis. The case un
der consideration does not come withir
the exception. The managers of tAest
corporations finding this Constitution in
terposed between themselves and theil
prey, now set up the claim (what else i
there left them p that their case come.
within the exception-that because tn,
Legislature empowered the city to con
tract the debt II It's people were willing
and because the people voted in favor o
it, therefore, the bonds have been "author
ized' and the thing is not suspended b,
the Constitution. By the same kind O
logic 1t might be claimed that these sub
scrlptions are authorized" by the Consti
tuition Of the United States, which leave
the people of the States free to regulat,
their own affairs in their own way
But the language Of the Constitu
ton is explicit and It's meaning
plain. The evident intent was t.
impose a wholesome check on the con
traction Of local debts and to stop all il
process that had not reached poin
where they could not be stopped. WherC
debt had actually been incurred by q
pledge Of credit, and where bonds in pay.
ment oI 1t had been actually ordered, AMI
Whereit would have to be presumed somt
evidences Of the debt might be ALREADY
executed, there could be no interference
but where the matter was still in posi-
tion for suspension without interference
with legal rights, the convention evidently
intended the contraction Of debts shoulc
be suspended, exceptunder the limitation
lprescribed by 1t. The latter Is the cas-
here. The act Of the Legislature and tn
vote Of the people only in fact vested
discretion in the corporation. Counci
was empowered to subscribe and author
lie the issue Of bonds to pay the subacrip
tionS, if In its discretion 1t saw fit. Bu
the discretion was not exercised befor
the new Constitution was adopted, an
when that instrument became operatiy
it suspended that discretion. The deb
had not been incurred and has nc
yet The issue Of bonds to pay that deb
had not been authorized by the corpora
ton, as required, 1t has not been so al
thoriEed yet. 1t could not and cannot b
80 authorized till the subscription ha
been made and debt in payment where
oil the bonds are TO he issued has bee
incurred. The Council has been author
zed 10 authorize the issue Of bonds, bu
it has not yet. done SO, and that is tn
purpose OF the ordinances offered Tues
day night and printed in our columns thi
morning, as both titles and text show
The fallacy Of the pretence that this cas-
comes within the constitutional exceptio
Is shown by . single proposition. Ifthi
claim IS good, that the issue Of bonds hs
already been authorized by the munlcipI
corporation, then there Is no need OF an
lorilnance of Council, Whv not lust q