Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1885-10-25
POWERS OF CITY COUNCIL.

POWERS OF CITY COUNCIL,
The investigation Of the charges against
Mayor CRUDE has developed q rather
strange question in regardto the powers OF
the City Council. Some are coutending
that while Council have the power to try
an official for any offence against his Of
fee, they have not the power TO compel
the attendance of witnesses necessary for
such prosecution; others contend that the
power of Council to institute such proceed
ing necessarily implies the power to make
provisions for carrying it on. But in tins
investigation witnesses have used their
own pleasure about giving testimony be,
fore the committee From this reason the
testimony has been ftsgmsntsrF and
broken and more or less worthless, import
ant testimony has been left out and the
whole investigation rendered almost q
farce.
This is what the city charter says about
the powers of Council:
The council shall have authority to pass
sl ordinances mot repugnant to the Con-
stitution and laws Of the United States or
ofthis State) which shall be necessary and
proper to carry into full effect any power,
authority, capacity or jurisdiction which Is
or shall be granted TO- or vested IN, the
said city or in the council, or any officer OF
said city; and to eoforcs any or ell OF
their ordinances by reasonable lines and
penalties, and by imprisoning the offender
or offenders, and By compelling them to
labor without compensation st any OF the
public works or improvements undertaken
or to be undertaken by said city,
or by any or sll Of said modes
Provided however That no fine shall be
imposed, exceeding ons hundred dollars,
and that no person shall be imprisoned, or
compelled to labor as Aforesaid, more than
one year for any one oHsnse.
And provided further, That no jury
shall be allowed in any trial for the VIOLA
ton of aD ordinance Of said city. Section
7, chapter l, corporate powers of the city
Of Wheeling.
This section OF tie charter seems ex-
plicit, and, as passing any ordinance nee
essary to carry on the trial Of an official
for alleged offences against his Office is not
contrary to the Constitution Of this State
or Of the United States, it srens that it
would certainly give Coutcil ia power to
pass such ordinance.
On the powers granted by this section
Council has already passed the following:
The Council shall have the power to re-
pae7s, at any time, any o&eer elected I'M
der the first section of this ordinance, for
any violation or neglect of duty, or incom-
potency, and to I'll any vacancy caused BY
such removal, anything in any ordinance
of the city to the contrary notwithstanding
Section II ordinance on elections
Then as a guide as to carrying out the
provisions Of this section Of the ordinance,
Council has passed the following:
Charges against any officer Of the city
shall be preferred in writing and verified
BY affidavit, and having been read, shall
be laid on the table or referred to q COM
mittee for investigation without debate
Rale 46 of IAN ordinance prescribing rules
for the government of the Council OF the
city Of Wheeling"
Then Council on the powers granted BY
charter and according to the ordinance
and the rule quoted, entered upon an in
vesigation of the charges against Mayor
GzEsB by appointing 8 special committee
for that purpose with power to send for
persons and papers and incur any expense
necessary"
But when witnesses failed to testify, the
City Solicitor decided that the COMMITTEES
had no power to compel the witnesses to
testify. But if the committee had not the
power to impose 3 penalty for failure to
testify does not the charter give Council
power to impose penalties upon all per-
sous whom the committee report a. max
ing such failures2 If it is necessary to
an ordinance for such purpose, have
they not the power to pass
it2 But while the charter
would seem to grant these powers, there is
q diversity Of opinion among the legal pro-
fsssion concerning it. A prominent legal
utleman gives as his opinion that Coun-
in an investigation Of this kind have
powers similar to q Court, and that any
witness who may fail to testify before the
committee may be reported to Council BY
(he committee the same Is commissioner
would report 3 witness to Court, and that
Council, the same as Court msyhsys such
! witness arrested and punished for con-
,smps unless he give a valid excuse tor
lis absence. Others are Of the opinion
hat Council may impose penalties but
hat thsy cannot be carried 0ns and that
a