Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-11-24
Who Has the Authority.
Correspondence OF the Register.
WHEELING, November

WHEELING, November 22.
The act of the Legislature, passed
February "a, 1868, establishing the
Municipal Court of Wheeling, very fully
and cOnclusively settles the long claimed
and unsettled question as 10 WhO has tie
ouibOriiy 10 iHDOse and remit fines aud
Dg,,aIttes, ,,,ldsr the ordinances Of tbe city.
Sections seven and eight OF said act de
fine the duties of the Judge, and the
one acting in his absence, and confers
this prerOgative on no one except as
above described in said sections, and In
section 10 of the same act. The Judge
of the Municipal Court, or the person
acting in his absence, has authority
given him, such as is conferred
on a Justice; he can arrest, examine,
convict. fine, commit TO Jail, admit to
bail, dismiss the warrant, remit the fine,
but all this must be done in open court.
He has no control over prisoner alter
he has once been committed to Jail or
the workhOuse, except to issue release,
on paymentof the fine and costs imposed
bv him at the time of the trial and con-
viction of the party. He has no par
dOning power, nor has the mayor any
such power, although he has often eX-
ercised it through the kindness of his
heart, and sympathy for the unfOrtu-
nate.
Too much of this pardoning informed
ding with prisoners is practiCcd for the
GOOD OF the city. Too many bad men
are pardoned out OF the wOrkhouse on
slight pretexts and turned loose among
the people again to re-enact their acts OF
robbery and disorder Who has the
pardoning power, under the Constitu-
ton of the State? No one but the Gov
ernor. Certainly, no Judge or mayor
can pardon anyone convicted OF crimes
or misdemean0rs. Council should cause
this uuwontcd exercise of power TO be
examined into ut once, and check on
il, by holding the party who exercises
it, tO rigid responsibility.
The ordinance requires the mayor TO
report To Council his reason for releas-
ing any one from the wOrkhouse. Has
he done it? Let the records answer
the question. The mayor, by law
and courtesy, has no right to re-
lease anybody, not tried and convicted
bv him. The Judge is denied the same
right, and for the same reasons, to in
teriere with the prisoners sent there by
the mayor.
A proper understanding OF their re-
spective duties would save much trOu-
bic and feeling sometimes.
The attention OF Council is respect
fully invited to the importance of en-
acting such an ordinance, as will define
the duties and relations between the
various officers of the city, from the
Judge down to the nightwatchman.
There are many ordinances that con-
flict with each other. These should all
be repealed by the passage of one,
covering all the questions involved.
The deputy sergeants have no pro-
lection, or remedy against the Oppres-
sion of the Sergeant, should he be dis
posed to cruelty treat them. Certain
checks and balances OF power, should
be provided for Council, in all the de-
partments OF the city as will give pro-
lection to its humblest employee.
The Fire Department is the only de-
partment i'm this city regulated in this
way. All other departments OF the city
government should be put on the same
footing.
| am discussing this question, not
from any personal standpoint, but a
general one, and my reasons are intend
ell to apply to the department, and not
the person who may now, or hereafter,
be at its head. 1t is the principle of mu
tual protection involved, l. am advOcat-
inc. JUSTICE.