Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-01-02
CHARTER ELECTION
MUST BE ORDERED AND HELD UNDER THE
OLD ORDINANCE
Republican Politicians May Get Into Serious Trouble
By Attempting to Delay Far and
Honest Election.

proposed 70 retain control OF D0tu DrancneH
Of the city c0ureil in defiance Of the law
and JUDGE jacobs restraining order was
the subisct OF considerable comment yes
terday. 1t was conceded that no process
however desperate would be too danger
Gus for the political tricksters, who now
control council to resort TO. These men
have time and again violated the plain let
ter and spirit Of the law in their efforts to
force an unjust and partisan redistribution
upon the people of Wheeling, and no one
was surprised az the open threat to disre-
gard Judge Jacobs ipjuuction ard refuse
to hold any election whatever.
1t will be remembered that one Of the
three reasons given by Judge Jacob for
granting the injunction against the new
ordinance was that the meeting of the
First Brsnch OF December Is, at which
the ordinance was passed, was illegal.
The Republicans propose to meet this OBJ
lection, by starting tie ordinance once
more on its passage This will be done
tonight, and they will attempt "a fsr as
possible to observe this rules of Council
strictly. This they think can be done be-
fore the charter election. The article in
the IateHigeaeer then says
THE REPUBLICAN SCHEME.
1.-The situation will then present some
interesting features. The case not hav-
ing boen maturtd, and the validity and
propriety OF Judge Jacobs injunction not
finally decided, Council will not know by
which ordinance, that of 1882 or that Of
1888, it should be guided in the election.
Consequently it ought TO refuse to act at
all.
"This would drive the bSflltd and mad
dened Democrats TO ask for maudamus
to compel Council to act under the ordi-
naI ce OF 1882 in holding the election. The
court would have to decide practically
which ordinance was in force, and accord.
ingly 10 refuse or 10 grant the msndamus.
If the mandamus were not granted Council
would refuse to decide to the case for ihelf,
and everybody now in office would hold
over until final decision could be had, the
Republicans meanwhile being in control OF
COuncl and ell that Council controls.
Council controls some very nice plums 90
which the Democratic eyes are set in q
hungering aud thirsting way"
Well Thst's the plan is IL? If some
of the Republican statesmen in Council
deiiIe 10 find themselves looking out on
the side CT Wheeling hill through prison
bars, they should try it. They will sue
coed in that, before they succeed in pre-
venting the charter election. The fact
that the council meeting OF December Is
WAS illegal, Was only one of three grounds
upon which Judge Jacob grSn;ed the in
junction. Even if this objection to the re.
districting ordinance be removed, two
olh0s, equally as potent, still!stand against
it. The fact remains, that it is in plain vio-
lation Of the letter and spirit OF the law
OF 1882, which directed the City COuocil
to make an enumeration "before the first
day of January, 1888, and once at least in
every tenth yesT thereafter" This is the
statute SIS i, was originally drafted, az it
was passed by both houses of the Le2isla-
ture, and as it has appeared in every pub
lished copy OF the statutes since that time.
The plain meaning Of the act is that no
redistrlctiOu con ba made in the city Of
Wheeling before 1893 That ia its fetter;
that is its spirit and there is no escape
from it.
The Republicans in Council may pass
ordinances of redistribution fiom now until
next Christmas; they may pass them in
any shape, manner or form; but the objec-
ton still holds, that they are in plain vio-
lation Of the Law.
THE ORDINANCE NULL AND VOID.
Judge Jacob has iseued the Injunction
restraining the Council from acting under
the redistribution ordnance, and this in
Junction will he srEasd at the proper time
Until il is dissolved the redistricting ordi-
nance is null and void, and can have no
influence whatever upon the action OF
Council. All that remains for that body
TO DO IL 10 order the election under the tx
listing law, and if II refuses 10 do 20, a wsy
can be found TO bring refractory necks un-
der the yoke. A mandamus can be Sc
cured from the Court OF proper jurisdic-
ton, aud if aspiring Republican statesmen
refuse 20 obey it they will have the pleas
ant prospect. heretofore mentioned, OF
spending few days and nights behind
prison blrs. IL might also he we'll To note
another contingency. Suppose the Repub-
licsn officials neglect to issus the proper
orders of election under existing laws?. In
such case special order OF election can
be scared and tho Democrats will hold
the election on the specified day. The
men then chosen will be- the lawfnl off
Gals of the city Of Wheeling.
OF course there is a possibility that on
further hearing before the proper court,
the Injunction granted by Judge Jacob
" II be dissolved. In that case an appeal
can and will be taken to the Supreme
Court, and on the presentation of an APP
peal bond, TIE injunction will continue in
force. II will thus be seen that there is
no loOphole by which the tricksters, who
are striving to defraud and defeat the hon
eat will Of the people Of Wheeling. can es-
cope the application Of Judge Jacobs To-
junction order. l. stands as n solid bull
ward against their partisan designs. II
they take any action now under their re-
distinction ordinance, they will be in viola
ton of law and contempt Of court. The
only thing that can b. done lawfully ia to
order and hold the charter election iu &C.
cordance with the provision of the existing
law.
PROPER NOTICES MUST DE ISSUED.
The attention of Clerk Bowers and the
Republicans in Council has already been
called to the fact, that the notices which
are now posted are illegal. These notices
were Issued in the teeth of the notice OF
INJUNCTION. They are now aware that the
injunction has been granted; their notices
of election are improperly drawn, and
unltss the proper notices are Issued within
the time specified by law, the official or
officials who are RESP onsib'e will be brought
to account. A word to the wise should be
Sufficient. We do not believe any OF these
gentlemen are especially DESTROYS Of figure
ing prominently in criminal prosecutions,
but the Democratic party Of the city OF
whheeling does not intend that com
pany ofdesperste politicians shall violate
Law aud justice, in order to gain their own
partisan purposes. Thig charter election
will be ordered and hsld az the statute
provides, or tbs men who prevent it will
be made 10 safer for it.
A MALICIOUS ASSAULT.
Tho Intelllgencer's sIlly destinations
I.tA