Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1895-11-01

itN OF ldAaLlCQ Oh All ploie4lS Nitil-l e4'S
Most If not all. of the States. distinctly
PROVIDE OR DESIGNATE
a tribunal before whom a hearing can be
had by persons claiming to be Wronged ny
the improper extension or the bOuHuarlS5'
In our neighboring state OF ONO me me appll-
cation must be made 10 the Board OF S0Il-
missioners of the county by AT iedSl Unity
of the electors in the proposed teIrlsolS 4.
The territory or some OF II, must nav
been laid off In lots by plat duly exc
| cuted. acknowledged and recorded. " htH
survey, plat notice etc, are colnple, -,
there IS a hearing provided lot ueLOlS ~
| Commissioners, where any peISUn ~
ested may appear in person, or by d,toI-
ney and may file afiidaVitS On the Ie1i-
ing the application may he aihnSutSSH -
leave of the Commissioners anu IL ~
amendment new territory Is 5i'C - ~,
there must be a new notice anu d ne"
hearing If on the hearing every tL.llle -
pears right and reasonable TO tile Sulii iI,,7
sioners and the limits are nor UNI Stt t.
bly, large or small, cerlllICa'S VI
IN addition to these provisions Tor an
impartial hearing, the ONO ,,,,,.eo,i in
vides for an application ~ .t,S pleas for
terested to the Court OF Coiniho , ~ je
an Injunction on account of inaccuracies
of boundaries or other errors ,,o+bor
sHThe statute of Pennsylvania, ahotlTI
neighboring state, proVides lU' ~ Say!tnr
"a tion 10 be made to the Court on Qudi lSI
Sessions by the freeholders WltiH ~ IN
limits for the Incorporation NO. Ia a
borough and provides thaI IL ~ ...i,. -
ries embrace lands useu IN reo,iSst Of
farming the court may, az 'ne M ,o,,7,ie
the party aggreved, cha,lSS -
I-ies so as TO exclude such lanu. .,,,,
Let us follow the matter LUZ INCL anu
See WHAT PROTECTION
&c afforded in West Virginia. There IS
~. onr law no provision or opportu-
nitv for the people within the boundaries ...i
DESIGNATED by the managers, 10 cNP' - -
r,referencc for different BOUNDARIES AH''
must vote for or against the entire scheme
% uregented to them. They may leei lhaI
a grlevous wrong will be done, or is even
Intended by the promoters against Sotnc
Darson or persons who viii be taxed lor
nurnoses nor advantageous to them, ana
who Will be damaged 10y the Wltuul q g." Al
of county aid in keeping up me rOdils -
need Even IF the voters 90 50 We"
the project they may ease tne!f CON,
ecienrae i'm many ways. They may reel
that they did not originate the scne,ne anu
therefore are not Responsible. my 80
be told that the Court issues the Cndr t ~,
and the Court will afford relief 10 pdTbes
who would be injured, therefore they heeI
not concern themselves about the FAIRNESS
of the boundaries. They may ieel ,r tilaL
they are not their brothers Keepers. lHSy
may hold that the greatest gooQ 10 lle
o~reat fest number viii be prOiloled 10y VIC
INCORPORATION, and they may ne SO Co.'s.i
tuted as TO allow such an ar ulllent ~
weigh against the rights Oh 4n .D,,i,,s C5ilan
thew NAV even regard as haNl.b lallt'
among thieves. Thus, and IN olner WAYS
tbo voters may be influenced so tnat a ma
ioritv may not he found VINO VIII Pla0e d"
veto on the wrong. o.. .i,, o,,,rioo
tion ia made may feel that the scnelle lS
worthy in some respects anu d MtHt,.s
others He IS unable 10 90 any ,i..i9 A.
prevent the wrong. He may see t4al H. .,l Is
all wrong-a gerrymauderlnk IIauc . VI ~ i,.
bOldest sort inaugurated anu Illdiias -
a ring, and ratified largely py etS - tho
persons who have no taxes 10 paEi d,.Jor
naperS are regular he must enter lIlS V, ~,
and cause the certificate TO be lssueu' ny
language of the statute Is, The court
"As first enacted in the code of 1858, TINS $
general law had no provision for nak.ds
changes IN the boundaries OF the cor ~, -
tion. In 1871 a separate statute was pass
ed on the subject, but II was
PRACTICALLY SUPERSEDED
bv section which was inserted in the gen
eral law on Cities and Towns, IN looz. ~
provides for petition to the town Cou tlCli
for a change of limits. ana ASKING IoI
vote thereon. The petitioners ues'sllatte
the change. If a majority OF the voters III
the town and a majority OF thosS "ltnli!
the territory TO be included vote in IayoI
of the change the facts are to be cerlileu
20 the Circuit Court which, III me III
guoge of the statute. 'snail thereulloA en-
fer an order the form Of Whlch Is pre-
scribed. and which form in terms declares
that the change in said corporate units Is
approved and confirmed by the Court.
1.-THE LEGISLATURE doubtless cOnslueIeI
that the provisions requiring majority OF
those residing within the old boundaries
and a majority of those Withh eie tCit 90
tory TO be added, would insure laIi go
else Of the power lntehueQ 10 uG ~ az, 10
lint the entire absence OF provisions az 70
the size and shape, ana minimum Poluid
ton OF the new era, ana ne Go'J ~.
of any power in the Court 10 inquire llto
e..f. at rf
any gerrymander, places the law on NE
subject of changes OF boundaries on 1lc
same level with that already eXislills d'
70 the original incorporation OF tne l0Wu'
t.Srbe first prominent cases. in legal as
pect arising under this law We're ~
Point Pleasant cases, Whlch .WehI 70 tie
Supreme Court OF Appears liOIn N'"'O''
The Circuit Court Of Mason county, on
September 6. 1856 entered. an order III We
form prescribed and COMMANDED ny l"c
Ieglslature approving and conhrming
change In the corporate limits OF 5He IV"L
of Point Pleasant What inward protest
or mental reservations the luube may M
INDUCED in at the time OF ehteliHs SI,1t ~ %
der / do not know, but the same CoulI A.
forward In each of two cases against Illc
town, by parties claiming 20 nav 80
wronged by that proceeding, e".eiiiru. a. G,
der-s perpetually cnlCining inc CONC w
10 rho town of taxes from Sucn paIuSS,
and setting aside the former oruer ny
which the boundaries OF the town VIZ e.l
largcd. From DOlh uerIco9 - ~.
nealed The Supreme Court or Appears
revieyed the authorities upon the suplec''
and with evident reluctance KEEP III Hne
with the great majority oI auLnQt ~,
holding that the act or lncoIpot s a't ~ d
town or enlarging It's boundaries, IS leSls-
10 i've in it's character. and not subject 10
judicial review.
After quoting from the opinion or the
Court, Mr. Ershne called allSh!loh 10 ne
foot tbat the Legislature had done hoth-
Inc, 70 remedy the evil. which continued
He then passed to ne I'm la 0'o'
and after reviewing the facts, Sald:
1.-THE towns can ana W 1a,! o sIoI d be ' so
rba,oed as to furnish judicious restrain
Ing provisions, capable Of pracucaole en-
forcement. ,
"The provisions I'm regard to forfeiture
of charter seems 10 be peculiar TO west
Ttre,inio r. Is n useless provision because
y, 80 caDabfe OF being enforced. IT IL
,yere 10 he enforced with all the vigor
which The terms shall thereby lorlei, us
cborte, would seem to imply, II would ne
I,S,, ,,,o,-se than useless. for the relation
80 a v,tt1icipal corporation 10 the StaLe ll
odr1inietering a portion of the work oil the
Stafe is Of such a character as ouLHl NJ
TO he readily broken. II ought Ho' ~ ~
tic orents-by mere neglect OF duly ~ ~
strov the functions OF the town as an - ~
of the State They should nov, NY .Ssr
~ dutv obtain relief from the perform
ance of duty.
'NTunicipal corporations possess
T1Ir PECULIAR QUALIFICATION
of being in one sense public, ana IN an
TTeegerded as having voluntarily entered in
10 existence for the peculiar oe sLet ,,r Oh
their members, and beoause, OF ' dorndra ,
vate character they. Ike private G9I iR3oi9 "a
tjore or private persons, are held hanle
for damages resulting from certain cli9Se'
~ forts or neglects of their agents.
1T Is not alone in planning. the bounqa-
res Of a town and securing lis NO. IN ai
tbat relates TO the dealings Of town WIN
IL Il. l. .