Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1888-12-30
THAT INJUNCTION
Restraining the City Council From Putting
Into Effect
THE GERRYNAEDRR ORDINANCE,
Granted Yesterday by Judge Jacob, in the
Circuit Court.
HAPPY OYER VICTORY.

Democrats were smiling yesterday AFTER
room while the Republicans, especially the
COuncilmen, wore jaws which had almost
dropped ont of place. Judge Jacob decid'
ed yesterday afternoon at three O'Clock
that the Republican gerymsndering
ordinance was unlawful in three par
t.culas, and he granted the Injunction
prayed for by Attorney General Caldwell,
A. ]. Sweeney and others, restraining the
Council from putting the redistrictirg or
dinance into effect.
Argument on the case was begun on
Thursday afternoon, Col. Robert White
and J. E. McKennan opening for the petit
TONERS and occupying the greatest part OF
the afternoon. Mr.. McKennsn was fol-
lowed on Friday by City Solicitor Csld-
we'll for the city, and he occupied the
time up till ten O'Clock yesterday morp-
ing, when Col. White closed.
Considerable discussion was had as to
whether the remedy TO prevent the en-
forcement of the ordinance was by in
junction or by quo tcarrdntO or other
wise. but the Court held in his view
in this cause the prope: remedy was ap-
applied for by injunction, ard granted Its
order Of Injunction, restraining and
preventing tue enforcement o. the
ordinance. This was great victory
for the plaintiffs attorneys, as many peo-
ple, especially Republicans laughed at
rhe idea of the application being successful
Col. White, Mr.. McKe1nan AID Democrats
generally certainly have the laugh their
way now. A synopsis of Judge Icob's de-
cision is as follows:
The Court decided that the ordinance
was null and of no effect because not
legally passed; holding that it was illegal
| in certainly three particulars.
! Hrst-That the City Council, whilst it
has power to change ward lines and to
make the apportionments of representa-
tons in the Council, based upon
the population in sdch wards after
the change of the lines was
made, vet it had no power to have emu
/ meratious made of the population within
the lines of the proposed new wards, as
was done in this case, aud after such
enumeration, 10 constitute new wards and
apportion representatives based OF such
enumeration; aud therefore the ordinance
was void for this reason.
Sersnd-That the ordinance is void for
the following reason: That the statute
passed by the Legislature of 1882,
directs the City Council to make
enumeration ''before the first day
of January 1888, and once
at least in every tenth year thereafter"
does not confer authority upon the Coun-
ell to make enumsrations except in every
tenth year; that the construction of the
language given may be doubtful, but un-
der the law the benefit of that doubt must
be given against the power of the Council
to PISS the ordinance and in favor of the
people; and the ordinance is therefore void
for that reason.
Third-Thst tie meeting Of the First
Branch of the City Council held on the
night of the IS b day of December, without
a meeting being called or held Of the Sec
ond Branch, was unlawful, and therefore
the ordinance had never been passed by
Council at all, and therefore it is neces-
sarily void.
Other points of illegality were raised in
the bill, but the Court having decided the
ordinance void for the reasons above given,
he'd it was not necessary to pass upon any
of these other points.
Any one of these points would have
been sufficient to have snnulled the effect
of the ordinance, and TO doubt several Of
the others not considered by the Court,
would have been probably as patent. Col
White originated and presented all three
of these points in clear ard f)rcible man
ner, and his victory was signal one. OF
course the Republicans will attempt some
sharp work, but they are in hole and
nothing can avail them now.