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


The afternoon session was convened
at a quarter OF three o'clock.
The Chair read a telegram to MI.
Henry NJ Russell, from Hon. John A.
! Hutchinson, saying he was unable TO
! be present, and asking that excuses De
made for his absence.
The Committee on Membership re-
ported the names Of Hon. John Bassill,
OF Clarksburg, II. T. Carmichael, OF
Charleston, @. N. Holiday, OF Mounds
vile, and NJ. F. Dryden, of Wheeling
for membership, and they were duly
/ elected.
The President then announced Mr.
William Erskine's paper upon
CONTROL OF MUNICIPAL CHAR
TIERS.
and it was read as follows:
"It, in this enlightened age and country
J there lie any considerable wrongs Tor
! the correction of which the law provides
40 remedy il Is safe to assume that 1t is
/ becaues of vicious legislation which either
/ enactS a wrong or permits a wrong. by so
/ hampering or restricting the judicial au-
/ thOTity as 10 prevent a remedy.
1T is the purpose of this paper 10 call
attention TO some respects IN which the
/ general law OF West Virginia on the sub
]
/ for the protection or rights which ought 10
/ be held inYiClGtc and particularly TO deSlB-
! nate some features Of the law Wnlcn
/ while having the seInblance OF requiring
| the sanction Of q court in creating or en-
larging a town, have the effect OF absolute
/ ly prohibiting the exercise of any discre-
/ ton or supervision by the court ior the
/ protection OF private rights ana the pre-
VCntiOn of obvious wrongs.
In the state of Virginia, before the FOR
| nation Of the State of West Virginia, mu-
/ nicipal corporations were created only by
| special act Of the Legislature, ana the
! charters could be amended or repealed
only by the same authority and IN the
same manner. there being no general sta
1 tute on the subject.
The first constitution of West Virginia
/ made no allusion to the Incorporation or
control Of towns and cities in the new
State, and the method of Incorporating and
/ controlling them was left as before IN
the hands of the Legislature which could
act in respect 20 c2ch munic patty accord
ing to the apparent needs of each.
I'm England and in many OF the states
OF this country laws were PASSED. 70 e.
tablish a uniform system, botn as 10 the
| Incorporation OF cities and towns ana as
TO their power;
THE MOST ADVANCED
of those laws establishing classes of cor
pOrauOns according 10 populaIion' anu
! prescribing the charter powers OF each
The Legislature of West Virginia made
/ q beginning in this direction BY ntrOduc-
ing INTO the Code OF lSb5 chapleT on
/ defining how, large a town or village might
be- but the act did not extend TO cities.
cities were not named In Ii.
THE people OF the state atterWard IN
the constitution of 1872 approved the pol
lev of having the subject covered 10y
/ general law. by declaring that the Legs
latUre should not pass any local or special
laws Incorporating cities. towns or VII
! lages or amending the charter Of any city,
town or village containing population Oh
less than TWO thousand.
Subsequent amendments were made by
the Legislature TO the general law on the
subject OF Incorporating towns, but no
changes have been made IN what nave
proven 10 be its worst features. The fact
that its worst features remain Is due, in
part, perhaps. 90 degree of confidence
which the Legislature has had In the sense
of justice Of the people who might reside
within any given boundaries. as ii would
be expressed by the vote of the majority,
and in part TO the notion that some con-
trolling authority was given by that law
TO the court which was required 10 issue
the cSrIGl e, oI ~, no' ION
LAWYERS of our State until dispoiled bv n
ser,Ss Of decfsions On fho subiecf Inv, 0,,r
L{-b'et t,6jci9i trib.l1oj ~
91,,. -. .......,. g.. A. ,......
q, l. ne 4'@t''c ltOniNl' 4ol ne IlItu6 O'Id
ION OF me mo eiu 4, 10 liIcoi poIdle Il
-" ~ p,, h, 40, - - ~ "a a.. ~
"a me persons - liot "Clllleu iui ul5i lhdil
mat they are 10 pe Eersons intending 10
Apply lot u cndl yer. lie al hulloer Is
useu' lIlelSIote .nei IiltsI pe t"o OF more
S't ~ t'o ~ ~ .tC,l Fli4Ci
Ioli' heH age or P.@tc Oh It.aIueHCe Is not
HlL'erlal' 80 ItI as Ilt St4tulf IS concern
ca, ii5~Vlhs 1nS oi!l l4'.lll CellIo.l OF an IN
teuIo4 W oPiIS' 80 i'uaJ Ndl.SS q sur
gy 20 oe ~ ~ ~ 4l I-.I
~ - W 49,. g ~ -, - ~
S-o-l' ~ - a. tel ~ ~ en- ~. d
c H. e,,,,.,,,l. tn, tey,t,s.,, nv, ., ~ 49,
SIZE or 9idle' PIoN4ued IL contain az least
UhS-iqu lu VI oi'e SquaIv Hlile anu 40 not
Ii,ctu9c oll - % q SiSyi 1O"H or IliiaBe
aTe34E HlcOI pyIdteu' a. must hcluqe
dred. Inc persons must also cause an &C
clrdte VeIiHeu census 10 ne taken or all
me az OIL I.ie IefTi,ory. Inc sur
Ney' tnap anu Cg.lsuS NUS 9e place9 al the
residence or place OF business of some
PERSON reSlGlng somewnere within the ter
.is S-on, me fst ostibe, cr ,ti; LIur
If tho notice Of the infendod eIDiic.ttH,,7
NJ, ny , i,,ti;y - ~ s't
me persons intending 10 make the appH-
O''''o.. a. ... 1900
- ~ bLlSH OK 1O9I A NOIlCE
that they viii on a day named apDIv 10 the
Circuit Court Of the county for n car+ifi
cate of incorporation of the town hv a
name specified in the notice. The notice
also SPECIFICS when ana where the Quali-
fed voters within the boundaries described
are TO meet 10 vote on the question: For
Incorporation or Against INCORPORATION
The vote is to be taken under the SUPER
attendance Of any three voters within the
boundaries who may be appointed for that
purpose by the voters present. Up to this
point the persons intending to apply have
sole charge OF 'he procedure with the as
s.stance OF the surveyor and the census
taker employer ny them The voters first
presenting themselves may have the priv
iege OF selecting the election officers. and
an voters may vote for or against No
provision Is made for a hearing of any
protests or for anything I'm the nature of
amendments % the boundaries, or modi-