The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-03-03
THE RAILROAD AND BRIDGE
SUBSCRIPTIONS.
The Injunction Granted-.The Con'
sTitutiOnal Inhibition a Complete

The Injunction Granted..The COn'
sTitutiOnal Inhibition a Complete
Bar. I. t.I sf|tt.E
After long delay, Judge MELVIN, of the
Circuit Court, yesterday announced his
decision upon the petition for an Injunc-
ton to restrain the City Council from con
summating the subscriptions Of 100000
each to the Wheeling 6 Lake Erie Rail
road Company and Railroad Bridge Com
pany. The Injunction Is awarded on the
ground that the subscriptions are forbid
den by provision in the State Constitu'
ton pointed out and discussed in our col
umns some months ago. The following
synopsis Of the JUDGES decision, which
was oral, was prepared by himself for the
convenience Of tho city press:
The Judge after reciting tho facts con
corning the legislative enactments OF Feb
ruary, 1872, authorizing the subscriptions
on the part oil the city, and the action oil
the Council hereunder submitting the
matter TO the voters OF the city in June
1879, and the ordinances Of January
1873, directing tho subscriptions and the
issue of bonds in payment thereof, pro
Ceeded to state his views as to the proper
construction OF section 8 Of article 10 Of
the Constitution, bearing upon the right
OF cities to incur Indebtedness Tor enter
prises of this kind. We quote the Sec
tion entire:
"s. No county, city, school district, OF
municipal corporation, except In cases
where such corporations have already
authorized their bonds to be Issued, shall
hereafter DO allowed to become indebted
in any manner, or for any purpose, to any
amount, including existing indebtedness
| in the aggregate, exceeding five per cent
UNI on the value OF the taxable property
therein, to be asceItainea by the last
assessment for State and county taxes
previous TO the mourning Of such indebt
edness; nor without, at the same time
providing for the collection Of direct
annual tax, sufficient TO pay, annually, the
interest on such debt, and the principal
thereof, within and not exceeding thirty:
-four years; Provided, 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
fitths Of all the votes cast Tor and against
the same"
It being conceded that the proposed
subscriptions, or either Of them, would. in
crease the Indebtedness Of the city to an
amount, including existing indebtedness
in the aggregate, exceeding five per cent
OF the value OF the taxable property oil
the city, ascertaIned as provided In the
section quoted, and the Constitution hay.
ing gone into effect on the 22nd Of August,
1871, II seems clear that there. is, in this
case a peremptoryjn inhibition on the Coun-
Gil from proceeding farther In the matter.
The language used was commented upon
as bearing out this view, and the counter
suggestions OF tho counsel opposing the
application were considered.
It had been contended that the words
"shall hereafter DO allowed" referred to
Legislative authority-that they should
read as if followed by "by the Legisla-
ture," and that, as result, the city had
authority to act under the Legislative en-.
actments on the subject passed prior to
the adoption OF tho Constitution. But
this construction was not deemed the true
one Thelanguage is general and sweep.
ing, and imports prohibition in any case,
except where bonds had issued prior to
the 22d Of August, 1872. Other sections
were referred to by the Judge as throw
ing light upon the intention Of the trainers.
When they had intended to prohibit the
Legislature from taking action In given
case, they had indicated their intention in
terms No subscription such as these
can be made by o municipal corporation,
under any circumstances, except by vir-
tue Of legislative authority, and 1t is not
easy 10 perceive why they changed the
form OF expression in this particular sec
ton. And herein this case differs from
the one in Ohio, (Cass US. Dillon, 2 Ohio
State) somewhat similar in facts, where
different ruling was made by amajority
of the Judges; the Constitution OF that
State providing that thereafter tho Gen.
eral Assembly should not give the au-
thority.
1t had been claimed, also, that Section
Of Article II (Corporatlons) governed
the case. That section saves, for two
years, charters and grants OF exclusive
and special privileges, under which an
organization shall not have taken place,
or which shall not have been in opera
ton during that period. But this was
hardly intended as q poriviso to section
in another article relating to an entirely
different subject. Nor does the language
used warrant that construction. Legisla-
tive authority TO make subscriptions Of
the character given to municipal corpora
tons, cannot be properly designated as a
charter or grant Of special privileges.
How can there DO an organization under
the subscriptions Or how can they DO
said to have been in operation for any
timer The whole article relates to cor
porations other than municipal.
Tho Judge stated, in concluding, that
although far from unfriendly TO these en-.
terprises, having, indeed, voted for both
subscriptions, he was constrained TO hold
that the constitutional provision limiting
the Indebtedness Of municipal corpora
tons, was decisive Of tho application,
and the injunction would therefore be
awarded. "a +- I'd
The OLD FLAa.-To.night she waves
at Washington Hall, and the prospects
are that our citizens will rally round with
no small amount Of zeal. The drama Il
replete with fun for those who enjoy Q
hearty laugh; sentiment for those who ad.
mire ii; beautiful tableaux for the lover Of
art; and patriotism sufficient for all, with.
out an Objectionable feature to mar the