The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-07-17
THE pw.AK.IyJUSorIoN CASE

tI,em ants not connected with IL VIZ ~
charged for at ourregular rates.
THEp.W. a X. INJUNCTION CAsE-
An application for an injunction 10
restrain the Board OF Commissioners
from appropriating $4,000 to the pur-
chase Of additional stock in the Pitts
bureb, Wheeling and Kentucky rail-
road, has been made before Judge
MELVIN and WAS argued yesterday
morning, Mr.. BARR appearing on o''
half of the compliments, and Messfs'
LAME and PENDLEroN on behalf OF the
railroad company. The ground upon
which the payment of the subscription
is sought to be eujoined is that IN max
ing it the Commissioners exceeded their
legal authority. the question not having
beeu submitted to vote OF the people
as required by lsw. The question was
deliberately argued upon each side, AID
the Judge reserved his decision.
The several acts OF the Legislature
involved in the discussion are these:
Chapter 70 OF the acts OF 1873 proVld"
ed that in all cases where county or
township subscriptions were made in
aid of works OF internal improvements
the questions relating thereto should De
submitted 10 a vote of the people and
the affirmative vote OF three tifths OF
those voting upon the proposition was
made necessary to authorize the SUBJ
scrip,iou. This provision OF The
act OF 1868 became alter
wards q part Of CHOPPER 80 OF the
Code, and has been re-enacted as part
of Cha yter ia OF the Acts OF 1878, and
therefore remains the law to-day. The
Pittsburgh, Wheeling and Kentucky
railroad com papy was chartered in 1868
and in the act creating the company it
was provided that county or township
subscriptions to it's capital stock might
be made in accordance with the provisH
ions OF the act Of 1868 referred to above.
The subscription Of $4,000 recently
ordered by the Board Of Commissioners
had not been authorized by a
three-flfths vote of the " people
or indeed by any vote at ALL
and it was insisted therefore by
the complainsnts that the action Of the
Board was illegal and that the payment
of the money should be eDjoined.
A question as to the proper interpre-
tation OF the eighth section OF Article ~
of the Constitution was also involved IN
the discussion. The section referred to
prohibits the creation OF any county
debt "unless all questions connected
with the same shall have been fret sub
mitted to q vote of the people, and have
received tbree-fiiths Of all the votes
cast for and against the same" twas
argued that no DEBT was created BY
the act OF the Board of Commissioners,
the purpose Of the Board being the
immediate payment of the $4,000 sp'
propriated for the purchase of addition
al stock in the railroad company.
Upon the other hand it was argued
that an appropriation OF this kind was
outside Of and beyond the ordinary
functions OF the Board whose primary
duty was simply to provide for the
usual and necessary expenditures for
the county government; and that, even
without the element of time, debt had
been created. No special provision for
this appropriation had been made 10
the annual levy and the payment OF
this sum 10 the road was therefore di-
verting to corporation the money that
had been collected for other purposes.
We are compelled to believe, as the
result OF our Investigations into the law
relating to this subscription, that the
County Court of Brooke county was
wiser than our own Board of Commits
sioners. when it ordered the submission
of the question as to whether or not
additional subscription should be made 1
to decision by vote o! the people. To
this determination we believe our
Board OF Commissioners will yet
be obliged TO come, and as
meeting of the Board is to be had
to-day. we expect that some action will
be taken in reference TO the matter at
once. Were It not for the fact that
thirty days notice is required by the
law. to be given, the people of the oouu.
ty might, at the election for school Off
GERS on the Sth or August, express thelr
wish in relation to the railroad SUBJ
scription. As it is. however, there
seems no way ofavoiding special vote
ON day set apart for tits purpose.
We are sorry that this question has
been raised. 1t would have been bet
ter if the subscription ordered by the
Board Of Commissioner had been per-.
mitted without legal objection. We
have no doubt that more than three.
fifths Of the voters of the county fully
approve of the appropriation aud will
say go by their votes when the oppor-
tunity is afforded. The application for
Injunction therefore subjects the coun,