Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-12-11
THE CITY'S ANSWER
TO THE PETITION OF CITIZENS, FILED In
THE CIRCUIT COURT,
Praying That the Police and Fire Board Ordinance
Be Annullsi-A Synopsis Of
The Paper.

The answer of the City to the petition OF
J. B. Sheppard and others, praying to have
the ordinance establishing the Police m
Fire Board revoked and annulled, was
filed in the Circuit Court yesterday, the
petitioners demurring to the said answer.
In the answer the City denies that the
ordinance was made contrary to law, and
AYERS that it was passed in a legal manner,
and that it is in all respects legal and
valid: that the Council of the city had
mower under the law to create the Board
nroyided for in said ordinance, and TO
make all the provisions in reference there
TO and contained in said ordinance; that
the statute constituting the charter OF the
City had always been understood and on
strued by the Council and all persons
concerned, to confer upon the Council, At
its discretion, power to create ohcial
Boards for the various purposes OF city
government, and such power had been eS-
ercised at different times for many years
as occasion arose, and had never been
doubted or questioned until the present
time, On November 81, 1860, the Council
adopted an ordinance creating a Board OF
Commissioners of the sinking fund, defining
its powers, and the answer goes on 10 enum-
crate several other occasions upon when
the power to constitute Boards has been
exercised, including among them the
Board of Gas Trustees. The answer hen
goes on to say that these several Boards
have always exercised all their powers,
and no.one, in Court orsout, has ever in any
way challenged or questioned their validity
or legality. 1t is further alleged that
: only because of the non-partisan feature
or character of the ordinance mentioned In
the petition has the opposition to the same
and Ito the Board created by 1t arisen,
which opposition, when ~unavailing with
the representatives of the people legislat-
ing in Council, has even pushed to the
length of asking the judiciary to repeal the
ordinance" ,
The answer further denies that any Of
the provisions ofthe ordinance mentioned
in the amended petition contemplate or in
yolye any u~nwarranted delegation of power
ON the part of Council; that Council In any
way exceeded its authority, and AYERS that
the ordinance is entirely reasonable, the
circumstances causing its adoption render
ing that course wise, necessary and useful
for the promotion of the good of the city.
The paper alleges that before and during
the summer of 1885 great complaint
had arisen as to the failure Of
the police TO enforce the city
ordinances, especially those against gamb-
ling. also charging them with wiliful ne
elect of duty and inefliciency. These
charges were made by the Mayor against
the City Sergeant and his deputies. An
investigation was ordered, and several of
the deputies resigned. The investigation
was conducted by the Committee on Po-
lice of the City Council, counter charges
were made by the City Sergeant against
the Mayor, and an investigation OF these
charges was ordered and made by q spe-
cial committee of Council. The answer
recites that a great public scandal was
thereby created. The result was a desire
on the part of Council IN provide for a more
thorough supervision of the department,
ond out ofthat desire grew the present
Board. The paper recites the appointment
of the special Council committee on Sep
TENDER %, 1885, and submits the report
of such committee to Council in detail, its
adoption by Council and the appointment
of the Board under it, the details being
perfectly familiar to the public.