The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-01-23
JUSTICE DONE AT LAST.
The Injunction upon the Re-
ApportioumeOt Ordinance
DISSOLVED, AS IT SHOULD BE.
Judge Campbell gives SO Clear an
Exposition of his Reasons for the
act that the wayhrIug man
must sec he is Right

Wv ANsSNNS fsA'9SN AFSeIfSAhNNN4NAAF
ordinance,
This ends the matter so far as the cleo
ton tomorrow is concerned. That slec-
ton will be held under the new ordi-
nance, Each ward will elect three mem,
beers Of the Second Branch Of Council,
and no more, except the Eighth, which
will choose four, and the newly estab,
llshed boundary line between the Filth
and Sixth wards will be regarded.
This is rather embarrassing for the
Democracy, but that is their fault, They
nominated for the First Branch q repre- |
sentative from the Sixth ward, Mr., II,
o. Caldwell, who under the new ordi.
nance lives in the Fifth ward, aud is not
eligible to represent the Sixth, They
also nominated in each ward according
to the old representation, so that their
tickets will have to DO revised,
When 1t was known that Judge Camp,
bell had dissolved the injunction, the
Democratic kiCkers proposed to secure o
special train over the Ohio river road
and go TO Charleston to secure new in,
junction from the Supreme Court Of
Appeals; but when the cost OF such a
train was considered, the kickers aban'
doned the idea.
Apparently they have not enough
money in the treasury to even pay the
costs. AT least Mr., MCKennon, one Of
their attorneys, asked the court TO issue
an order that the city should pay the
costs-a laughable proposal, OF course.
The klckers have had their dance, and
must pay the piper,
Tho opposing counsel spent the whole
afternoon and were still busy late last
night, trying TO agree as to what should
be included in the formal order dissolv.
ing the injunction, This will doubtless
DO served to-day.
In rendering his decision, Judge
Campbell made beautifully clear ex.
position OF the points involved. Follow
ing Is the gist OF his opinion:
JUDGE CAMPBELL's OPINION.
AS to the consideration OF section IS,
as amended by the act OF 1882, let US see
how 1t reads:
Council shall, before tue first day OF
January, 1883, and once at least in every
tenth year thereafter, cause enumera.
tons to be made" etc.
Counsel for the plaintiff say we must
read between the lines, and leave out
the phrase 'at least as meaningless,
and II will then read; "Before the first
day OF january, 1883, and once In every
tenth year thereafter that would
mean, without ambiguity, in every tenth
year thereafter, once.
Under the rule OF Interpretation what
we are to get at Is the thought which II
(the clause or sentence) expresses.
"0nCe in every tenth year thereafter
and "once al least In every tenth year
thereafter" arc not the same thoughts
expressed. The one means once only In
every tenth year, and the other may
mean any number Of times, but partic.
ularly more than once during the tenth
year; and the inference would BIZ that
the Legislature intended 1t (the enumer-
atom to be made several times during
the tenth year.
So we see that to leave out the sat
least" would not, under the rule, get at
the thought which the words OF the sen.
tehCe express. No forced or unnatural
construction is to be put upon the Ian.
guage OF the sentence.
Let US sec II we can give the words
sat least" any construction. And here
l remark that nothing extraneous, moth
ing beyond the act itself and the con.
text, nothing that may exist in any
ones mind, can be applied in aid Of con.
struCtion. Let US examine the words
"at least" in connection not only with
sections IS and 10, but also with all the
sections OF the act The cardinal prin.
ciple OF exposition is that the intention
is to be deduced from the whole and
every part OF the statute, taken and com.
pared together, and not TO be collected
from any particular expression, but from
general view OF the whole act; and
when word Is used in a particular
sense generally in the act, 1t will be pre-
sumed that il lraS Intended 10 be used in
the same sense throughout The act.
Now, II the qualifying sense in which
the phrase "at least" was used, or In
tended to be used, in that particular
sentence by the act Of 1886 can be as.
certained, Il will be the key to how 1t
was intended TO be used by the Legis. |
lature In the amendment OF section
IS OF the Acts OF 1882. In
section IS OF the act OF 1885 "once at
least in every five years" Is mandatory
as TO the fact that the enumeration Is to
made once at least during period Of
five years, butts directory as to the num-
Der Of times II shall be done, placing no
Inhibition upon any number OF times
during the FIVE years. BY the qualify.
ing phrase "at least" Of the word "once"
the Legislature intended to mean the
permissibility Of a plurality Of enumer.
ations, How consonant this Is with the |
spirit, growth aud development OF civil.
ization in our cities. "0nce at least"
implies the permissibility OF plurality
OF times.
Now, Let US make the application TO
the amended section Is OF tho act Of
1889, "once as least in every tenth
year" giving at least the same signia.
canoe we are to give 1t under the lule
as In section IS Of tho act OF 1880, as
plurality OF times, the phrase would
mean "onCe mot only but q plurality Of
times each tenth year"
That Is absurd the Legislature never
meant that. 1t would be well nigh i'm.
possible and impolitiC for number Of
enumerationB to be made every tenth
year. A more probable construction on
a comparison Of both statutes, is that
In the amended act the word Ave
was stricken out and ten inserted, the
III being added as q misprint, as Is often
the case; and II would DO more consist.
ent with every rule Of Interpretation and
principle OF construction 10 drop the h
after 10 than the significant aIverbial
phrase "At least" Such an interpreta.
lion is In consonance with the spirit Of
the ago and the wisdom Of our leRis.
lators, who being advised Of the rapid
growth Of our cities, vastly out Of pro.
portion TO our rural districts, 70 meet
tho requirements Of government by pro.
yIdinV for proper municipal representa-.
ton, would Indicate that while our
enumeration should DO made once In
every ten years, the making Of II oiteneF
should DO left 10 the discretion oil Our
city fathers,
According 10 the plaintiffs construct.
ion OF section Is, II is impossible 10 make