Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-30
ATTORNEYS ARGUMENTS
In the Insurance Cases-Messfs.
Barr, Lamb and Enkine


the insurance cases were resumed be-
fore Judge Cranmer, in the Municipal
Court room. Mr.. r. G. Barr COM
menced, and on behalf Of his dents.
the insurance agents, made q verT mas.
terly argument, to which the couh paid
the striclest attention. These ca,es are
attracting a large degree oil attention in
legal circles, and are bound to be refer
red TO in cases that will be hard in
other States. Such being the cae, the
full arguments of the attorneys wonld
be of interest, but az our spacewould
not permit that, we care obliged tonerely
give outlines OF the line OF thought fol-
loMed out by the gentlemen.
Mr.. Barr commenced shortly alter ten
and continued speaking until dinner
time, during which he made the i'llow-
ing points:
Ia defective because il fails to folloc the
Isnvuape of the ordinance, and because
il tails TO set out the substance d the
section of the ordinance, nor does des-
isna,e the ordinance in any sufsent
manner. Also, because it fails to com-
Div with the requirements Of the orgi-
nal act creating the court and coner-
ing upon it, police jurisdiction. These
strong points were illustrated by reer.
ence TO Greene vs.. Indianapolis, 2Slnd.,
400; Hughes VS.. City, 4 fhiia., X. ltS;
Kiss vs.. Mayor, etc, . butcher, @ end
several other i'm o0rtant cases.
Second-The o ,dinance passed b. the
Council is void because It is not auhor'
lied by the charter. The corporate
power is granite | by the act OF 1871 1t
is void because in the various patlcu-
lars pointed out, If seeks to Impose
penalties upcn persons other than hose
named in tie act OF the Legislature.
Also, because the charter only subor-
ICES a license while the ordinance tSs
license fee which amounts to tax.
The principle OF the act OF the Leg'la-
ture is the granting oil power to licese,
while the whole object and scope othe
ordinance, and the principle underilng
il. is taxation, pure and simple. A lrge
number OF authorities were cited to u.s.
tain the proposition. ;.
Third-li part OF an ordinanc IS
void another essential and connected
mart of the same ordinance is also Oid
and null. Authorities were cited tosbw
that the powers of the ordinance in qcs-
ton, which were void, also dcstrUed
the entire ordinance. -,
Fourth-li the Ley stature ATTEMPTED
by the act oil March, 1879, to give he
Council power to tax uneqnallv forgn
corporations, then the act itself Is m.
constitutional, null and void. To as
tain this point see the last clause oi Re. /
Art. n, and Sec. . Art. y. OF the On
stitution Of West Virginia. These pc.
visions OF organic Law are new and wIe
designed to prevent Disseminated
against foreign corporations. 1t wasr-
tended to further destroy the policy
prevailing in Nirginii, up TO that the,
of unjust discrimination and uneqal
taxation as between citizens and loBl
corporations and non-residents OF tie
State. The ordinance Of tie city is "a
violation of this constitutional rule aid
prohibits the Legislature from grants,
any such power.
Mr.. Barr's argument was a very 4.
haustive one and the points given abue
are the more important ones called OF.
At half-past two court again convend
and Mr.. Lamb, the third counsel for tie
defense, comm ,nced his argumens.
| They were the same as those OF NJ.
Barr, with the exception that he did mt
touch on the ulconsii!utlonality OF te
legislature act. Mr.. Lamb was vey
particular az to detail and he showd
that he had diligently and Thoroughly
studied the case. The court paid te
most profound attention and mae
copious notes. Mr.. Lambs argumet
was most scholarly effort.
Mr.. Lamb concluded shortly ate
four o'clock, and the city, or prosecu
ton, represented by Mcssrs. Erski't
and Allison, signilied its intention OF
presenting arguments. Mr.. Erskine In
a few short and brief words, outlined
the case from the inception OF the ddl'
nance to the present time, and ten
sketched out his line OF argument,
which is of considerable length sld
shows much study. On account ofhe
lateness Of the hOlr lac did not elter
fully into his arguments, but mreiy
named several important cases tlIt he
should refer to, and the court adjourned
until ten o'clock this morning.
Alter the prosecution is through, lie
defense will again present arguments.
| The decision will be waited Tor with IN
terest by large number oil citizens