Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-01-23

lature never meant that. Eyerybody
knows it would be well nigh impossible
and certainly impOlitic, for number of
enumerations TO be made every tenth
year. A more rational and probable cor
struction, upon a comparison of the stat
utes and both sections, and that which
would be the first to suggest itself TO one,
is that in the amended act the word five
was stricken out and ten inserted, the
TIL being added as a misprint, as is often
the case, and il would be more consistent
with every rule Of Interpretation and ptin-
ciple of construction TO drop the tn after
the word ten than the forceful and zig
nifcant adverbial phrase at lesst, and
such an Interpretation is consoDaut with
the spirit of the sge and the wisdom of
legislation"
The Court proceeded to enlarge upon
this view of the meaning of the law, and
at the conclusion of the opinion announced
that in his opinion the Council had net
exceeded its charter authority in passing
the ordinance in question, and that the
ID unction heretofore granted against the
operations of such ordinance was dissolved.
AT the conclusion of the reading OF the
opinion, Col. White asked for a stay OF pro-
ceedings for ten days TO enable him to take
an appeal to the Supreme Court of the
State.
The Court said if the granting Of stay
would virtually defeat all the rights ac-
quired by the city from the dissolution Of
the injunction, he could not do it. In ef.
feet it would be asking the Court TO reverse
itself in atOut two minutes' time
Col. White said he was not there TO say
the statute made it mandatory on the
court to grant stay, but such was the
general and even universal practice. He
desired TO call the attention of the Court to
one or two things. First, that the iDjunc-
tion was granted by Judge Jacob on De-
Cember 29th. Council waited two weeks
before giving not ce Of motion to dissolve,
and then the case was set for the following
Tuesday, makiug q lapse of time of two
weeks aud three or four days. Arguments
then took place, and the Court had taken
until Tuesday afternoon to dispose OF the
motion. The election began at nine
o'clock Thursday morning, and the
Court Of Appeals WAS in session
at Charleston. To prepare record,
20 10 Charleston and get back to Wheeling
before nine O'Clock Thursday morning was
an absolute impossibility. Nov, said
Col White, ''if stay is not granted, the
effect on my side, is to take away every
right we have. II will not damage the
other side. On the contrary, the statute
provides that if the election be not beld on
the proper day, and at the proper time,
Council may name another day. Nov, II
the case goes on, and the Court Of Appeals
hereafter decides that your Honor il
wrong, then my clients have either been
wronged. or they will be put 20 immense
cost to obtain their riRhts." Col. White
enlarged upon these points to conaidera-
BILE extent.
City Solicitor Caldwell answered his
statements. Mr. Caldwell said; "In the
first place the gentleman complains that
the time is so short that he cant 20 20
Charleston for a writ OF error, and get back
before the election. / want TO recall 20 the
recollection of the gentleman that wien
this argument was commenced, We asked
for limitation, and Col. White absolutely
refused to agree to limit. II he hadn't
spoken here for eight hours there would
have been plenty of time. The gentleman
SAYS il is a subversion Of their rights II
their application for a stay is refused.
Let's turn that around, and see where we
are. 1t would be complete subversion OF
our rights. Why, we might Just as well
never have come into Court This lack Of
time of which he complains is due en-
tirely to his own long windedness. You
have perfect right to say whether or not
a stay shall be granted. The statutes say
@ stay may be granted: not that 1t must
be granted. Your Honor is perfectly free
to de eide this matter according 10 what Is
right and proper, under the circumstances.
You ought not to keep this injunction
in effect one moment. You would be hold
ing thing over our heads which You have
inst told us is wrong. If this injunction
ls to be perpetuated by q restraiging order,
what is the use in our coming here al alp
Mr.. Caldwell was followed By Mr. Rus
ssll. in the same strain, and the argument
was ably concluded by Mr.. McKennon
The effect of IL all was that the Court de-
clined to grant the stay, saying the efitct
would be for the C0ort to legislate Tor the
city. and as he had net been long npon the
bench. be had some hesitancy about going
TO that extreme.
The attorneys then entered upon dis
cussion of the order 10 be entered, and 1t
was about FIVE o'clock before this matter
had been patched up in satisfactory mau-
ner.
The decision rendered by Judge Camp
bell was the talk of the city last evening,
aud the comments were many, and Of all
sorts. II was frequently pointed out that
10 change the language Of the statute, ~
passed by the Legislature Of 1852, WAS to
take away all motive for the amendment
of the Act of 1896. The only change was
to strike out five years. in that act, and
insert "ten, " which accomplished nothing,
AZ under 10th laws the Council was OF
liberty to make new enumeration and
appoftionmen. every year, II II saw iit. II
this il 80, " said gentleman, why amend
the Act Of 1886? The real and very ap-
parent purpose Of the amendment was tore
stric. the power Of Council in this regard to
every tenth year, aud If there IS any
Typographical error about the law as 10
stands on the statute DOoka, il consists in
the presence of the words at least That
this was the intent Of the ffamer Of tire
section. and of the committee which ssed
n pon the bill, and of toe Legislature which
enacted the law, there can be no reasonable
doubt. To say ihst law which read
once at least in every five years was
changed to a. least once in every ten
years does not give a reasonable pre'ext
for the amendment. To eay that the law
was changed from 'once OF least in every
five years to once in every ten years
does give q reason, for there is a distinct
d,ff.ranca -