Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-01-23
The 6errymander Ordinance is
the Law of the City.
JUDGE CAMPBELL DECIDES 1T 0. K.
he Says the Council Had Perfect Right 10
Pass the Republican Party
Measure,
And THE RADICAL HEART is GLAD.
The Decision Delivered in Chambers, Yes
terday Afternoon, in the Presence of a
Large Audience-The GiSt Of
the Opinion Rendered

Mo UplnlOn honueTe0-
We will vote for twenty-five Council
men.
To meet the requirements and necessi-
ties of the Republican party, the growing
city Of Wheeling is forced 10 cut down her
representation in the popular Branch oi
Council three members, in the face Of q
large addition TO her population within
the past two years.
Tnat's pretty dish to set before the
public.
The outside world will not be slow tC
come to the conclusion that despite all
that may be alleged TO the contrary,
Wheeling is losing ground, for they will
argue that no city will take step in the
direction usually travelled by certain crus-
tacea unless compelled to do SO.
We can't explain to everybody that
fourteen hundred people on the South
| Olu6 nave D0cu ulblTdDCulhSu.
As was announced in the REGISTER yes
terday, Judge Campbell came down to the
city from New Cumberland, yesterday
morning, and at two O'Clock he opened
Court in Chambers in the Court House.
There was large attendance of citizens,
aud especially were the interested and hope
full Republicans there in numbers which
showed they expected much, and were pre-
psred to feel happy. At one time during
the reading of the opinion Of the Court
there were six or eight Republican mem
bers Of Council, and no less than nine Re-
publican office-holders in the Court room.
These last named gentlemen were happy
enough to have danced jig when the
Court announced the dissolution of the in
junction, and their countenances were
wreathed in smiles during the remainder
of the day.
After all the Interested counsel had as-
sembled, Judge Campbell, at about a
quarter past two, began to deliver his
opinion, and the reading Of the paper,
which was very long, took more than an
hour.
After expressing regret that the con-
sideration of such a weighty matter had
not fallen into more capable hands, and
stating his pleasure and satisfaction at the
able expositions of the case made by Coun-
sci upon either side, Judge Campbell said
the principle to be deduced, as he under
stood it, was that statutes, under and in pur-
suance Of which special powers, such as
police and taxing powers, are sought to
be exercised, and which may be regarded
as in derogation of the rights of the citi-
zeps. are to be strictly construed, while
those of a general nature, not in derogation
OF personal rights, but aiding in the ad-
vsncemept Of the principles Of local self
government and in recognition ard iur-
therance of the representative right of the
people, should have, perhaps, g different
rule applied to them.
From this point, the Court indulged in
quite long disquisition upon the prin'
ciples of law involved, not OF especial in
terest to the public, and this portion Of his
opinion would, perhap', fill several col
umns of space. Finally approaching the
main question at issue, he said:
LET us see how the Act Of 1882 reads;
Council shall, before the first day of jan
uary. 1888, and once at least in every
tenth year thereafter, cause enumerationt
to be made etc. Counsel for plaintiff say
we must read between the lines and leave
out the phrase at least as meaningless.
It would then read: Before the first day
of January, 1888, and once in every tenth
wear thereafter, etc. That would meaD,
with significance and without ambiguity,
'in every tenth year thereafter, once But
under the rule of Interpretation what we
are to get at is the thOught which it (the
clause or sentence) expresses. Once in
every tenth year thereafter, and once at
least in every tenth year thereafter, are
not the same thoughts expressed. The
one means once only in every tenth year;
the other may mean any number OF times,
but may mean particularly more than once
in and during the tenth year, and the nat
ural and pathological inference would be
that the Legislature intended it (the enu-
meration) to be taken several times during
the tenth yesr. So we see that to leave out
the at least, we do not, under the Iule,
get at the thought which the words OF the
sentence express.
"But no forced or unnatural construc-
ton is to be put upon the language OF any
section. Let us zee if we csn give the
words at least, any other construction
and here let me remark that nothing ex-
traueous, beyond the act Itself and the
context thereof; nothing that may exists
in any ones mind as to the history OF the
act. can he applied in aid of construc.
tion. Let US examine the words at least
in connection not only with Sec. IL, but
with Sec. 19, and all the sections. 1t is
cardinal principal of exposition that the
intention is to be adduced from the whole
and every part Of the statute, taken aud
compared together, and the Intention 10
not to be collected from any particular
exrression, but from g general review OF
the whole act, and where word is used
in a particular sense generally, in the act,
II will be presumed that it was intended
to be used in the same sense throughout
the act. Now, if the qualifying sense in
which the phrase at least Was uted or in
tended to be used, in that particular ssn-
tence, by the act of 1896, can be ascertain
ed, it would be key 10 how it was intend
ed to be used by the Legislature in SEC. Is
of the amended act Of 1882
'In Sec. Is of the Act of 1896, once at
least is mandatory, as to the fact that an
enumeration is to be made once during the
period of five years, which enumeration
may be made at any time bet Teen the first
and the end OF the fifth year, but is direc-
tory as to the number of times it shall be
done, placing no inhibition upon the num-
Der Of times during the five years. In the
qualifying phrase of the word once the
Legislature intended to mean thereby the
permiesability of plurality OF enumers-
tions, and how consonant this is with the
spirit, growth and development OF our
civilization and of our cities in this new
western world of rapid and amazing &C
cretions of population.
"'Once at least implies a plurality OF
times, or the permisslbility OF pluraiity
of times. Now let Us make the spplics-
ton to the smended Sec. Is OF the Act ot
1882. Once at least in every tentn year,
giving at least the same Significance and
meaning we are to give it under the rule
announced as in Sec. l8 Of the Act OF