The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-04-21
Ole ~GkttGaemeG
wAElLlso, ", va, APAlL 81, 1880,
Au Eyu,,on y, Law.

The custom which prevails in TINS
county OF keeping up the country roads
at the expense, in a great measure Of the
taxpayers OF Wheeling is a plain evasion
oilaw-so plain an evasion that it Id moi
unjust to call it a violation OF law.
For years past the city members have
done what they could to place the
burden where it belongs-On the shoulders
ofths taxpayers in the country districts
INIT the representatives oil the c%ountry
districts, supported by one or two Com
missionerB elected by city constituencies
have refused to listen to reason, and have
voted away funds raised by false pre-
tenses. The county levy Is made large
enough to pay nearly all the expenses oil
keeping the roads in repair, and is used
for this purpose, The fund is not IN
tended by law to be 80 used. Nothing
a be- palmer than this provision lChap'
ter Al Of the Code, Section 92l:
"When tie County Courtot any county
shall decide to levy y tsx in pursuance Of
the proyisious ct this got, u snail ascef;
tain as nearly G5 possible the amount o.
money which will be necessary IN tdch
'Iistyiri In their county . and ShoH
nv an order enteIed in their journal di.
rect the asessOr q the assessment ois'
trict in which such district may pe' 70
extend on tue land and properly BOOKS
required to be made by said assessor =
road tax OH the real and personal prop
erty taxable IN sad district, at such Iale
us may be specified IN such order OF
resolution" etc.
Instead Of obeying this positive man
date Of the law, the Commissioners levy q
road tax under the cover Of \ levy Tor
county purposes, thus violating not only
the above quoted requirement, but also
tho following (Chapter 50 Of the Code
S-ctlon 0s):
"The inhabitants Of o city, town Or
village that = . : keeps It's own streets In
order, shall not be required to pay road
taxes on property located In such cIly'
town or village"
In other words, tho Commissioners 10
indirectly what the lay prohibits them
from doing directly. They indirectly
levy a road tax on tho residents Of Wheel.
ing, who are heavily taxed to keep the
streets and alleys Of the city in repair, and
this in defiance OF a legal prohibition IS
plain az the English language can make 1t.
Were the proposition merely to supple
ment a reasonable LEGAL levy laid in obe-
dieuce to law with occasional a%ppropria'
tiopsto cover emergencies or make good
deficiencies, no objection would be otIer'
cd by the heavily burdened taxpayers oil
Wheeling. But the sole and evident In
tention Of the country members is to re-
lieye their constituents ola burden which
the law places upon them, and which It'll
just they should bear.
While the city has at great expense
constructed many miles OF good roadway
within her limits, and needB more such
roadwayg, and expects to construct and
maintain them at her W expenses and
while these streets are free to residents OF
the country Just as the country roads are
To citizens of Wheeling, yet taxpayers in
town are willing to contribute toward the
construction Of bridges or any extrSordl.
nary work in the country for the benefit Of
the whole county. They desire to be on
good terms with the country; but they do
not think 1t just that they should bo call
Ell upon to pay expenditures which ought
to be borne by the local levy, and which
the law Contemplates shall be borne by
the local levy. We have little doubt that
the conversion Of tho county fund into a
fund for road purposes could be prevented
by injunction proceedings.