The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-02-04
7HB NEW JAIL QUESTION.
Judge PAUL Refuses to Grant
the Second Prayer
MADE BY ANTON REYMANN
For an Injunction Against the Board
Of County Commissioners - The
Case to Go to tho Supreme
Court of Appeals.

JuuRe ERull mas refused 20 grant the
second prayer Of Anton Reymann's for an
injunction against the Board Of County
Commissions to restrain that body from
acquiring land in the northeast quarter.
section Of the Public Building square, TO
DO used as site for the proposed new
jail, either by purchase or condemna.
ton proceedings, and the matter Is at
once to be taken to the Supreme Court
OF Appeals by Mr.. Henry N. Russell, Mr..
Rcymann's attorney.
The arguments on the motion to grant
an injunction were heard Saturday.
Yesterday morning the matter was again
called up in Part l, and the prayer was
refused. The court in giving It's decision
used the following langauge:
"The plaintiff in his bill, as amended,
alleges that the Office features OF the
building proposed 10 be erected by the
Board Of Commissioners is not intended
rs mere incident, nor merely contem-
templated for temporary purposes dur.
ing such times as that portion OF the
building will not be used for other and
legitimate purposes, but that such use
as is contemplated and intended OF part
OF the building for Offices rs aforesaid,
is substantial part OF the plan and
design OF the said Board OF Commits.
sioners, and is by them intended to con.
tinue permanently as source ofreyenue,
That that part oil said proposed building
here in question, is intended for use Gs
offices to be rented to others and not in
any respect for use rs a Jail.
| but these allegations are based solely
npon information and belief, without
giving the sources OF that information.
This is not sufficient TO satisfy the court
that the information upon which the
plaintiff relies is official. u High on inj.,
Sec. %; Q. q 0. r. r. Co. VS.. Huse W.
Va. $40, $50; Sec. 3, Chap 1873 OF Code.)
Besides it may be said still that It's
allegations upon this subject are not
sufficiently specific to warrant any inter-
ference on the part of the court The
plaintiff. being fully satisfied himself
from the facts within his own informa-
ton, that the office feature OF the build.
Ing is not intended as mere incident,
mas not deemed it necessary 10 state what
those iacts are, or even to give the mum.
Der, size and location OF the offices, in
order that the court talso might become
satisfied on that point.
THE second and last ground relied
upon for an injunction as set up in the
bill as amended is, that it is the inten.
ton OF the Board OF Commissioners. in
addition to the creation OF an indebted.
ness OF not less than 1000 for the pur-
chase and condemnation price OF the
property therein mentioned, to proceed
Immediately, upon the acquisition of the
sad property, to erect upon it building
OF the character therein described, at a
cost the exact amount OF which the
plaintiff does not know, but which can
not be less, as ne is informed and be.
lieves, than $4,000, and that the said
Board Intendsandis about to incur an in.
debtedness erthe building OF said struc.
ture OF not less than $4,000, making the
entire Indebtedness SO about to be in
Cured more than 100000, which said
Indebtedness, when added to the levy OF
SlOo,I95 already made, will aggregate
more than 95 cents per 500 valuation OF
the taxable property of this county.
1t will be observed, however, that
these allegations are made solely upon
information and belief, and that the
source OF the information is not given.
Consequently, it does not appear wheth-
er the Information was derived from n
reliable source or not; or whether the
Board OF Commissioners has taken any
official action upon the subject what
ever. Until such official action is taken.
no one, not even the members OF the
Board themselves, can tell what the said
building will cost.
THE injunction for this reason alone,
although others might be assigned, must
be refused"
Immediately upon the announcement
OF the refusal to grant the prayer, Mr.,
Russell gave notice that lie would ap-
peal the matter to the Supreme Court,
and asked that transcript OF the record
be at once prepared so that he might
have the same by evening. The atten-
ton OF the Supreme Court will probably
be called to the matter tomorrow or
Thursday.