Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-02-09
TIE MARION COUNTY SIDE


] To the Editor Of the Register
Falrmont. w Va, February SIN to-
days issue of your paper there appears
a communication signed by L.K March
and. which purpOrts to give the facts
/ concerning the effort TO establish the
I new county of Augusta. 1t is to be
presumed that Mr. Marchand believes
/ the statements he makes in that article,
| otherwise he would not have signed his
name to it. But the many inaccuracies
in it show that even a man who is evil
/ IDENTIFY trying to be honest maybe mis-
( led as TO facts which he only gets by
/ hearsay; for Mr. MGrchand has not been
a citizen of Marion county long enough
20 have information for himself as to
/ the important and material facts
4 which enter into this controversy.
Still there are some misrepresenta-
tions not material TO the issue which
I are inexcuSable in Mr. Marchand, as
. they concern matters into which he
might have inquired for himself and
/ gotten the truth before rushing into
print l allude to the charge that the
+ newspapers in the counties concerned
/ have repeatedly libeled and maligned
/ the fair name Of Warrington as a town
! and the high honor Of her best citi-
zens." The writer does not believe
/ this statement Certainly the Fairmont
/ newspapers have never published a sim
/ gle word which directly or by implica-
/ ton even. could be tortured into a re-
/ fectiOn upon the honesty and sincerely
of the Warrington people. They have
/ granted every courtesy asked. and the
/ columns Of their papers are as open to
I the arguments in favor Of Augusta. if
/ there be any such, as they are for the
/ arguments in favor of retaining the
1 present boundaries Of Marion county.
The only things that are material in
I this controversy are:
LIST. Has the county Of Augusta, as
\ proposed. the necessary square miles
and population TO form a new county?
/ I'd. If SO. in making the new county,
will any county. from which a portion
+ Cr territory is 10 be taken be reduced
+ below four hundred square miles in ter
/ ritory. or less than six thousand in po-
/ pulation?
/ 3D. Has the law governing applica-
tiOns for the formation Of new counties
/ been literally. or even substantially
/ complied with?
J UPcn the answers to these questions,
I Che whole case rests, or should rest:
I and personal vituperation and abuse
/ has no place in the discussion Of these
/ legal propositions
/ The first two questions relate to a
: constitutional enactment; the third TO
statutory provisions.
/ Section of article Q Of the constitu-
I tiCn SAYS: NO new county shall here
/ after be formed in this State with an
area Of less than four hundred square
miles; nor with a population Of less
I than six thousand; nor shall any coun-
/ " from which Q new county or part
/ thereof shall be taken. be reduced in
/ area below four hundred. square miles,
/ nor i'm population below six thousand.
nor shall a new county be formed With
/ ont the consent Of the majority Of the
voters residing within the boundaries
Of .he proposed new county and voting
on the question.
| I have given the constitutional pro-
visions in full that it may be seen that
/ if The new county falls below four hun
dred square miles in area or six thous-
and in population; or if in forming it
the area of any old county from which
a part Of the new is taken. is reduced
below four hundred square miles in
! area or six thousand in population; then
under the mandates Of the constitution,
such new county can not be formed.
Now. how are the facts relating 70 the
area and population of the territory TO
be affected TO be determined?
The law is plain upon this subject:
Section I. >. and of Chapter 3S Of
! the Code provide the most ample legal
means for ascertaining all the facts
necessary to give the legislature the
fullest information on the subject.
Section one provides that when 1t is
! intended to apply to the Legislature for
the passage OF an act to create a new
county, a notice Of such intention shall
be published for four weeks in some
! newspaper published in every county
from which a portion Of territory is TO
he taken: if no newspaper is published
therein, then by posting such notice at
the front door Of the court house in
said county.
Section two provides that after the
due publication or posting Of such no.
tice. the County Court of such county
shall order a survey Of the whole coun-
" and of that portion thereof proposed
to be included in the new county by
/ the surveyor of the county or other COM
petent surveyors in order to ascertain
the number Of square miles in the
county as well as in that proportion pro-
posed TO be taken. Said court shall APP
point some che or more competent per-
sons TO take a census of the population
of the county. and also Of that portion
proposed to be taken 10 assist in form
ing the new one"
Section provides that upon the coming
IN Of said reports OF survey and census
! the court shall appoint election officers
| and cause an election to be held IL the
| part proposed 20 be taken to ascertain the
Will OF the voters therein in relation
| thereto.
Section provides that every applica
| ton to- the Legislature for the formation
of a new county must be ,ccomlNH,el oy
duly certified copies Of survey. census ard
order OF the County Court. declaring the
| result Of each election. as aforesaid. 20
! rethcr with satisfactory evidence that oil
! the provisions have been fully complied
with.
Have these things been done,
Not one Of them.
For eighteen years the County Court Cf
I Marion county. 10 say nothing Of Mo-
nongaua and Wetzel. have stood open
ready to receive any lawful application
Tor a new county, and under the applica-
ton to order survey, census and cleo
ton. No such application has ever been