Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-04-20
THE PETITION.

TIE PETITION.
To the Honorable, the Circuit Court Of
Ohio County:
The undersigned residents and Taxpayers
of the Guy of Wheeling, respectfully repre-,
sent that the Council Of said city on the 10Th
day OF January, 1886, adopted an ordin,
ance entitled: An ordinance in re-
latlon to the Police and Fire Depart,
ments of the City OF Wheeling, and the ap,
po;ntment, duties aud compensation OF
the commissioners thereof q certified
copy Of which is herewith presented, aud
prayed to be read with this petition; that
on the 18th day of January, 1886, the ssid
Council, in pursuance of the first section OF
said ordinance, proceeded to and did elect
four persons as Commissioners Of
the Police and Fire Departments
of sold city, who subsequently
qualified and assumed, aud who sre nov
assuming TO carry out the several pro
visions OF the said ordinance, intended to
define and prescribe their powers and
duties.
Your petitioners respectfully submit
that the said ordinance was made contrary
to lss, and is invalid, for the reason thai
the said Council had aud has no legal
power to create sn oficial board by what,
ever name or designation, and confer upon
it, to any extent, the control, supervision
and management OF the Police AID Fire
Departments and ofthe property belonging
to the same, aud ciothe It with the GuthoJ.
ity, and impose on it the duties contem.
plated BY said ordinance. They are ad-
vised that the exercise Of such power 90
the part oil a municipal corporation is valid
only when authorized By its charter, and
that, in this instance, no Legislative ssn
ton either preceded or followed the adop
ton Of said ordinance.
Your petitioners ask to call more partI-
culsr attention to some OF the provisions
deemed by them to be obnoxious to the
principle stated. to wit:
See 8, requiring tie Sergeant to noni'
nate his deputies to said Board; section
7, giving the Board the control of the de-
partmeCrs named, and OF the property
thereof; section 10, authorizing the Board
to suspend officers, to report resolutions
for their removal, aud to discharge or sus
pend without pay, any employe Of either OF
said departments a. pleasure; 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 On unwarrsnted delegation Of
power on the part Of the Council.
And they are farther advised that as to
the Commissioners, two OF whom shall be
of opposite politics from the two Others
and as to the deputies OF the Sergeant who
are not to be appointed il not capable OF
writing and reading the English language
or If interested or engaged, either directly
or indirectly, in keeping o: any saloon, or
other place where intoxicating liquor is
sold" the Council undertook to make
and apply tests of office u~nWsrrsnted BY
either the letter or spirit Of the Constitu,
rion and statutes of the State.
Therefore your petitioners respectfully
pray that the said ordinance, or st least
those portions herein referred to, be super
seeded, revoked and aunu!led.
]. B SHEPPARD
P. WELTY.
C 7. BBrEs.
8 HoRKHEtNEE.
N. REILLY.
A. BsANDFAss.
NJ. POLLOCK
GEo BNRD.
j. W. BORING.
CHARLES SCHMIDT.
Z. HAPPY.
Accompanying the petition snd attached
thereto was q copy OF the Police and Fire
Board ordinance, attest3d By City Clerk
Bowers and Mayor Grub as being a true
and correct copy, and sealed with the tor
porstion seal.
SONS EXCITEMENT.
The presentation of the petition created
quite q stir among the local politicians last
and the probable action of the
Court is the subject of much
speculation. TIE existence of the docu-
nent was generally Known about town,
,ut 3 very limited number of persons were
IWsre that its presentation to court was
contemplated YESTERDAY. The points pre-