The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-01-01
7IHH PARTISAN DECISION
OF Judge Jacob on the Reap
pOrtioOiOg Ordinance
MAY RESULT IN NO ELECTION,
In Which Case the Republicans are
Pretty Well Fixed, Thank You,
What They Propose In the
Matter to Get Justice,

NV....,. - ~, V,.,,I,..
m"''eF '" No' ""S'''''
The Rennblicans In Council md the
- :, M a,,;,. T., ,',,,a.a, ,.s
Nepupllcans " "Heeths ~ seheF" Ale
not disposed 70 have their plans trustrat-
ed by the clearly partisan decision OF
Jrd,e Jocoh in the matter of tho ordi.
20, - -a,I;.,.;o,;,. d. ill., M, Ia,,o
nahce Ee'"s''''tNs 'ne ''Ny' iHeI navy
called special meeting OF Council for
tomorrow night, at which they will take
the first stems to carry out their original
intention
Republican comment on the action Of
,rIap Taooh 1v,ho ,odov rossoo in,o
ouusV , v9V'o S"uo 'o'N"y p1ssSs '"'o
PFiVale MOI Is by no means compliment
airy; and tho comment is not confined to
the politicians of the party. II Is said
with force that Judge Jacob showed
much more than judicial baste in his
effort TO dispoSe OF the matter, go inr ns
he could DISPOSE Of il, knowing that Le
was TO be succeeded by a Repu6lican, Of
whom the Democratic politicians could
expeCt no special fayors.
Itisrecalled thatthe arpumenthad been
finished only about three hours when
the court was ready with the decision
Yet Judge Jacob declared from the
bench that the authorities were 60 nu.
merous that he had not had time to con.
sult them, and must therefore RELY on
his former knowledge OF the law. This
was confession that he WINS not nre-
pared 10 decide the case, vet he did de.
aide It, although his successor. who goes
ON the bench to-day, would have had
two weeks for mature deliberaiion.
y" wn,oo1r
a ""'N.IN
Juuge JACOB also saiu there might be
soneIhlns ~ the point tnat inc Atl0r"
ney deneral mad no right TO bring the
action, yet nc passed that point over IN
favor oil the Democratic plaintit, one
Of the reasons given ny Judge Jacob for
declplng IN laVor oil the Democrats was
that me statute passed ~ the LeslsIa'
ture oil 1867 dlrectlng the CITY Connc4to
MAKE enumeration before the lrst day
oil January, 1883, and once at least in
every tenth year thereafter, does not
oonIer autnorlty upon inc council 70
naS ' 0nu tL". ti,o eASeps ~ etEeHEy
LANGUAGE NAV be Joubtiui int nnder
the law ihe heneIlt If TINT donbt mist
be- given against The power Of Council 10
mss Inc ordinance, and in favor OF tho
neople and tho ordinance Ia therefore
roid ior Chat reason"
This Ia regarded ma n remarkable
Wrigrle, Republicans want to know
whether Council doesn't renresent the
people and whether equality Of repre-.
sentatlon, as provided Tor In the ordi.
NANCE IL mt In the interest nj ths neo.
pie, It il we'll known that the ordio.
ance which the present Council seeks
to repeal was a gerrymander to make tic
Fifth ward reliably Democratic. without
any regard to equality OF representation
or The general interests, Tho point on
the "teath year" isso plain that Repub.
licans have little fear Of their construc.
ton not being sustained by the Supreme
Court, II the case should reach TINT trl.
bunal. The Legislature never intended
that Council should make an enumera.
ton 0once at least In every tenth YEAR"
wv o"Ve y" eNeFS "" ye"'S'
REPUBLICAN PLANS
AT the meeting tomorrow night the
Republicans intend to begin anew.
They will meet Judge I0eob's objection
that the meeting Of the First Branch on
Decemher Is was not lawful. This they
will do by starting the ordinance onco
more on Its passage, taking caro- that
every meeting shall he up 10 the strict
requirements OF all tho teChncalities.
They will also pass an ordinance taking
from the Mayor the power to appoint
Judges OF his own reelection, having re-
Gently had a taste oil Democratic fair
play In elections, ALI this can and will
be done before the day OF the charter
election,
The situation will then present some
interesting features. The case not hay.
ing been matured, and the validity ant
propriety ot Judge Jacobs injunction
not finally decided, Council will not
know by which ordinance, that OF 1882 or
that OF 1883, It should be guided in the
election. Consequently 1t ought to re.
fuse to act NJ all.
,, ,
49,. "nNl WVVL" n"rrAS'
ms would drive the 6attied and mad
dened democrats 70 ask Tor mandamns
10 compel Council TO act under the ordi'
nance oil lSS2 IN holding the election.
inc court would TO DECIDE practic,,
any winch ordnance was IN force, anu
Sc sUTaSy: 70 REUSE tHn or 70 grant sne
uhhuhhiun. II buO hhuluuLhub hGIC