The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-04-14
rae soLDIERs, nONuMENT.
IpjnHrtI0n RealrninInE It's Erection n
ChRpIine and Fourteenth GiTeetl
GEnniah.

IpinnetIOn ReHtFninInE It's Erection n
CbRpIine and Fourteenth streets
GRATED.
On Tuesday the injunction sued ont by
Daniel Peck and R. ], Smythe, restraining
the city from granting the Trustees Of the
Soldiers Monument the privilege Of erect
ing the monument at the Intersection oil
Chapline and Fourteenth streets, was
granted by Judge Craumsr The case has
been pending for some time, and now
that it ia settled the Trustees will immedl.
ately take steps to select another site that
will not meet with the opposition or obieC.
tons Of any citizens.
The ordinance passed by the city Coun.
Gil, April, 1880, granting the trustees the
privilege Of erecting the monument Rt the
place designated above appeared to some
minds to be exceeding the powers Of the
city to confer such privileges, but those
who held these views, in Difference to the
wishes OF the veterans waived their OBJ
iections to the site selected.
Judge Oranmer's opinion Ia. livery point.
ed on the subject oil the rights OF city.
The court based It's opinion on Section a
OF the Charter OF the city, which provides
as follows: "The Council shall have
authority within said city to lay ont and
cause TO be opened, any streets, walks,
alleys, market grounds aud public squares,
or to extend or widen, the sans hrst hRv.
ing obtained title to the ground necessary
for that purpose, and to graduate any
street, walk, alley, market ground or
public square which Is or shall be estab.
lishsd within the said city, TO cause them
to be kept open and in good repair and
generally to ordain and enforce such
regulations respecting the same or any Of
them as shall be proper for the health, in.
terest or convenience Of the inhabitants oil
said city"
The Court laid down two propositions:
FiTst-The powers conferred upon mu-
inequalities must be construed with refer.
enCe to the object OF their creation name
ly; as sgenCies Of the State in local gov.
eminent. Whenever municipality shall
attempt to exercise powers not within the
proper province Of local sell government,
whether the right to do so be claimed
under express legislative grant, or by i'm
pllChtluH nun bLe SAhlbotI wv eSt tluol
be considered as altogether Ellra wires, and
therefore void.
Second So iaras the Councils functions
are legislative that body cannot refer the
exercise OF the power to the discretion
and judgment OF It's subordlnates or Of any
other authority.
The Court held that from these consid'
erRtions that the ordinance passed permit
ting the erection OF the monument at the
intersection OF Chapline and Fourteenth
streets was nugatory and void, and from
the law az well as from the evidence sub
mitted II was the duty OF the Court 10
grant the PRAYER OF the bill and make the
Injunction heretofore granted perpetual
A reporter called on Messrs. I. d. Logan
and Samuel Laughlin, two Of the trustees
OF the monument fund, yesterday alter
noon, and inquired what would be done.
Both were glad to bear that the case was
finally settled 80 that thoy could take
measures towards selecting another site.
Neither was 10 favor Of putting the monu'
ment out Of the city, but rather favored
spot where the monument could be seen
by all. They thought, or rather 1t was
their preference, that the northwest cor
ner' OF the Capitol Square would be select
ed. This seems to be tho most desirable
situation after all. In this place II can be
better protected from injury and mutila'
ton, as It would undoubtedly bs sub ect 10
was 1t placed In any Of the cemeteries or on
the hill near Mount Wood. The monu
ment has been finished for nearly year,
and Ia now ready for shipment I'll Is the
purpose Of the trustees 10 meet OF an early
day and make arrangements for The
erection OF the monument 80 that II can be
dedicated on June 3Oth, Decoration Day
very appropriate time.