The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-04-20
WANT IT ANNULLED.
ZEE POLICE AND ZEE BoAaD
Ordnance Attacked By . Petition in the
ClsOait c0urs which sssHs to Have 1t Set
AsidS and Declared Nall and Void.
a Very Interesting Opening.

a Very Interesting Opening.
In the Circuit Court yesterday a peti.
ton was filed, as vas predicted some time
ago would be done, asking that court to
set aside the ordinance passed last Jan,
ualy creating the Board Of Commissions
srs OF the City Police and Fire Depart
ments. The statute gives ten tax.payer
the right to make a petition Of this kind
upon giving security for the costs, al
though it may not be claimed that any
injury has resulted to any Of them, The
case growing out Of the matter bids fair
to be interesting.
The petition was presented to Judge
Jacob as Presiding Judge, and he entered
an order that 1t be set for argument on
Saturday. May !. 1t u understood tina!
Messrs. R, g. Barr, Thayer Melvin and
ALI Caldwell will appear for the petition
ers, and Hon. w. p, Hubbard, II, NJ, Rus
sell, Esq, and Col, George Caldwell, on
behalf Of the Board aud the city, will up
hold the validity OF the ordinance, Col,
Caldwell drew mp the ordinance,
THE PETITION,
To The Honorable Circai. Court Of Ohio
County:
The undersigned residents and tax.pay'
ers OF the city Of Wheeling, respectfully
represent that the Council Of tho said city
on the 10th day Of January, 1886, adopted
an ordinance entitled IAN Ordinance In
Relation to the Police and Fire Depart
ments OF the city Of Wheeling, and the ap,
pointment, duties and compensation Of
tho Commissioners thereof" q certified
copy OF which is herewith presented aud
prayed to be read with this petition; that
on the 2Sth day Of January, 1886, the said
Council, in pursuance OF the lrst section
ofsaid ordinance, prOCeededto and did elect
four peTsoRs as Commissioners OF the
Police and Fire Departments OF said city,
who subsequently qualified and assumed,
and who are now assuming, To carry out
the several provisions Of the said ordin'
anCe intended to define and prescribe
their powers and duties.
Your petitioners respectfully submit
that said ordinance was made contrary to
law and Is invalid, for the reason that the
said Council had and has no legal power
TO create an official board by whatever
name or designation, and confer upon II
to any extent the control, supervision and
management OF the police and fire depArt'
ments and OF the property belonging To
the same, and Clothe 1t with the authority
and impose on II the duties contemplated
by said ordinance,
They are advised that the exercise OF
such power on the part OF a municipal
corporation, Is valid only when authorized
by It's charter, and that In this instance no
legislative sanction either preceded or fol,
lowed the adoption Of said ordinance.
Your p%etitlOners ask to call more partl.
Cularly attention TO some OF the proyi.
aions deemed by them to be obnoxious 10
tho principal stated, 10 wit:
Section o, requiring the Sergeant to
nominate his deputies to said Board Sec
ton 7, giving the Board the control Of the
departments named and OF the property
thereof; section 10, authorizing the Board
to suspend officers, to report resolutions
for their removal and to discharge or sus.
pend without pay any employe OF either
Of said departments at pleasures section
IL, placing the whole police force and fire
department under the order and control
Of the Board section Is, directing that all
accounts pertaining to the police depart.
ment shall be presented to and audited
and allowed or rejected by the Board
each Of these Is believed TO contemplate
and involve an unWarranted delegation oil
power on the part OF the Council.
And they are further advised that as to
the Commissioner two OF whom shall DO
Of opposite politics from the two others'
and as to the deputies Of the Sergeant,
who are not to be appointed II mot ca.
pablo OF writing AMI reading the English
la%nguagAi" or II 'interested or engaged
either directly or indirectly In the keep.
ing OF any saloon or other place where In
toxlCating liquors are solo, the Council
undertook to make and apply tests Of Of.
Gee unwarranted by either the letter or
spirit OF the Constitution or statutes ofthls
State
Therefore, your petitioners respectfully
pray that the said ordinance, or at least
those portions herein referred TO, 10 su.
perCeded, revoked and annulled.
The paper is signed by j. B. Sheppard,
r. Welty, o. I. Brues, !. Horkheimer, NJ.
Reilly, A. Brandtass, NJ. Pollock, George
Baird, ]. w. Boring, Charles Schmidt and
Fred. Happy.