The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1897-01-30
THE NEW COUNTY.
Its Formation Is impracticable For
Many Reasons.
Fairmont West virginian.

The old question of the formation
Of new county of Warrington dis
trict of Marion county, including
portions Of Monongalia, Wetzel and
Harrison, has been raised among our
Warrington friends again and an
effort is being made to carry the
matter through the present session
of the Legislature.
We regret this movement, mas
much as it proposes to take from old
Marion her largest and possibly her
wealthiest district. At the same
time we recognize the many advan-
tages the new county organization
would give the people of. Manning
ton, and say to them cordially that
we would do the same thing, if sue
cess were possible, from their point
of view.
This brings the possibility of sue
cess squarely to the front, and the
question, is new county possible2
becomes exceedingly pertinent
The Constitution of West Virgin
ia, section 8, article 8, provides that
mo new county shall hereafter be
formed in this State with an area of
less than 400 square miles, nor with
population of less than 5000, nor
shall any county from which new
county or part thereof shall be taken
be reduced in area below 400 square
miles, nor in population below 5000"
The different surveys of Marion
county, so far as we are informed,
give the county an area of 312 to
1884 square miles, which, if true,
would make it impossible for any
part of Marion county to be cut off,
if the Constitutional provision above
quoted means anything. But should
this stated area be a mistake as our
Warrington friends claim it is, the
new county would still beimpossible
at this time for many reasons
The Code of West Yirinia, chap
ter 80, provides how new county
may be formed, and until the provis-
ions of this chapter are complied
with we fail to see how any progress
can be made in that direction.
Section |, provides for notice to be
published in some newspaper pub
lished in each of the counties from
which any part is to be taken four
weeks prior to the application for
survey and census to the County
Court, the said notice to be posted
the same length of time at the front
door of the Courthouse of each OF
said counties.
The County Courts of each of the
said counties are then required to
order survey of the whole of their
counties and survey of the portion
proposed to be included in the new
county.
The different County Courts also
must appoint census takers for the
whole of their counties and for the
portion proposed to be detached.
After reports of the survey and
census have been certified to the
County Courts they must then order
a vote of the qualified voters of the
proposed new county on the ques-
lions for or against new county.
Then section A Of chapter 80 pro-
vides that "every application to the
Legislature for the formation of a
new county must be accompanied by
duly certified copies Of the survey,
census and order of the County
Court declaring the result of such |
election, as aforesaid, together with |
satisfactory evidence that all the
provisions of this chapter have been
fully complied with"
SO far as we are informed not one
of the above provisions has been full |
filled. No notice has been published |
or posted. The matter has never been
before the County Court of any of
the counties; no survey nor census
taken. Certainly these things must |
be done before this movement can
be successful
1t might be argued that these pro
visions are subject to repeal by the
Legislature, and that after such re-
peal the new act could be passed at
once; but this would be as fallacious
as the other argument, for the rea-
son that the repeating statute would |
not take effect unless passed by a |
two-thirds majority for ninety days |
from its passage; and even if the
necessary majority were obtained |
the new statute, if passed, would be |
in the nature of retroactive law
and therefore unconstitutional and |
of no effect.
1t is to be regretted that the mat
ter has been agitated and the good |
people of Warrington district in
duced to believe new county posi-
BILE, as the disappointment will oper-
ate to cause feeling against the old |
county by those who do not under
stand the matter.
We do not wish to appear as OPP
posing or favoring the measure, for
the reason that the law settles it be
yond cavil, but rather would we ask
of Warrington district that she
would join with us in an effort to
regulate the affairs of Marion coun-
ty more to the liking of the good cit
liens of the same.