The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-11-08
THE: COUNTS.

CIRCUIT CoURT-Judgs Mslrin,
The Court met at the usual hour Sat-
urdsy morning.
In the case of a. {. Dallison VS.. Bailey,
Woodward & Co, upon sHPsr IDEAS to
to the County Court, the judgment OF
that court was reversed and new trial
directed.
In the case of Andrew Kline VS.. Alex
nnder Pannell, the injunction heretofore
awarded was dissolved.
In the case of Wheeling VS.. Ed
Christman, upon an appeal from Inc
Municipal Court, upon the police SIDE,
the judgment Of the court DeIo" was aI-
firmed. The case excited some interest
AT the time OF the hearing and since US
questions concerning the validity OF the
ordinance of April last, for restraining
hogs from running at large and prohlO-
Ting the owner from keeping them on
his premises, were involved in this pro
ceedinp. The case WAS briefly this: The
defendant in June last, while occupying
certain hotel premises, allowed II
pen built thereon to be used by the
owner of certain hogs, while waiting MS
turn to have them weighed. The pen
was frequently so used by persons stop
ping ut the hotel, and others While d'lN
| inc hogs to market, scales having been
| erected and used on same premises LOT
the purpose, more particularly, OF weigh
ing hogs. The defence insisted that the
ordinance was invalid because 1t had not
been signed before the prosecution, Dy
the Mayor and presiding officer OF the
/ Second Branch Of Council, that due pup
icotion thereof had not been made III
anv newspaper and that it was IN
strsint of trade and opposed thu laws and
general policy OF the State.
The Court held that the charter being
silent as to the method oil authehtiC"t!hs
ordinances and giving them puoiicity'
the council could make ITS own rules IN
the matter. and that while the council
bsd by general ordinance prescribed that
ttev should be signed by certain officers,
vet even the city had not made such
signing an element essential to their va
Iditv, and had simply laid down rule
for convenience and uniformity. The
authorities, even where the Legislature
has prescribed such signing, hold the
provision directory merely, unless IL Is
further provided that the ordinances snail
not be effective until they are in this
manner authenticated. And so with the
publication in newspaper for one week
after the passage.
Upon the remaining point the court
held that the ordinance in question was
not in restraint OF trade, and that there
was besides express legislative warrant
for such regulation in the charter. Sec
tion 81 coniers upon the Council the au-
thorlty to require and compel the abate-
ment of nulsances, and to regulate any
unhealthy or offensive business, and to
provide generally for the comfort, health
and convenience of the inhabitants. a
pig sty was held TO be nuisance in II
popllous place, which the Council
might abate; and, besides, clearly Is in
cluded among the subjects that
may be leeislated upon IN
in prot, citing the general health
and convenience. ANA no distinction
EXISTS UciWceh Il SIN'c us''' ''' -, > ~
private property Of the owner of the sly,
and the one used for those being trans
ported to market, and belonging to
dealers in that kind OF stock.
A demurrer to the indictment in the
State VS.. Edith Miller, for murder, was
argued and submitted, MS was motion to
dissolve the injunction heretofore grant
ed in the case of Campbell, trustee, vs..
Wheeling.
Some other miscellaneous business was
transacted, after which the court ad-
iourned until this morning.