Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1898-01-17

. NtVaA0 OVUtt may
Have to settle the Matter-Sunnyside
will Neither Fish nor Fowl During
the scrap-No Matter How the Fight
Goes there Will be Town of Seneca.
The Meeting he cides all This.
The people who are behind the
Seneca Incorporation movement have
decided TO push the thing through.
They will use every effort to have an
incorporation of their own and intend
to get it if possible They feel
aggrieved by the snap judgment taken
4 by Sunnyside and will not let the sub
urb go without struggle. The
matter was talked over by the Avenue
folk yesterday, and this is the decis-
ion that they reached.
4 They will go ahead with their cleo
tion as if nothing had been done
! toward anything else on the part Of
SunLyside. The election comes off
the fifth Of next month. There is
certainty that there will be a majority
| for Incorporation in the proposed town
/ if every vote in Sunnyside was
pumped against the scheme. The
matter will be laid before the court
at the term which begins the eighth
of February. Then the fight Will
begin. Ordinarily the Judge has no
voice in the case He merely satisfies
/ himself of the regularity of the papers
which have been submitted, and if
i they are drawn properly and every
thing has been done in accordance
with the law, the charter is granted.
4 But this case will be difficult to de-
eide There will be two sets of papers
4 for the court TO pass upon. The first
will be submitted showing that Sun
nyside and the town of Morgantown
have voted in favor of the addition Of
/ that suburb into the town. On the
other hand there will be another
paper showing that Sunnyside and
Beechurst are the parts of the new
town of Seneca. Morgantown will
have possession Of the town in ques-
tion and will have the advantage on
this account.
ii 1t will be shown that the notice of
the Incorporation was given by the
town of Seneca before it was given of
the addition scheme. Yet it will ap-
pear that the proper length of time
elapsed between the giving Of the no.
tice and the election in regard to the
addition. These conflicting elements
make the decision matter of con-
lecture.
Pending its settlement Sunnyside
will be in peculiar position. 1t will
be neither in the country, in Nor
gantown nor in Seneca. The town
of Morgantown will be restrained
from collecting taxes from the cit
liens and they will not know just
where "they are at" until the
courts are done with them. The
matter may not be settled by the cir
cult court. Should the decision go
against Seneca they will take the case
to the supreme court. tits also prob
able that the town on the other hand
will do the same should they be de-
MED the possession of the section in
question. The thing need not be ia
ken up on an appeal OF the entire
case but an injunction restraining the
town of Morgantown from exercising
/ jurisdiction over Sunnyside would set
tie matter A mandamus might be
asked for compelling the judge to sign
the charter of the new town and the
passing of the court on this would de-
eide the thing. There are a number
of ways of getting the opinion of the
court on it without having the entire
case takeh up. The Seneca people
will fight it to the last.
! Should they be beaten in everything
they will give notice Of another cleo
ton and have another survey made
taking in the hillside below the lac.
tory and get their town in that way.
This much is certain they will have
a separate incorporation. They dc
not WANT to come into Morgantown
and will not do it if there is any way
out of the difficulty.
We are sorry that the decision is as
it is. We were in hopes that they
would come into the town along with
Sunnyside but we will have to wait
until the legislature at its next session
/ gives us. a city charter and we get all
the rest of the little towns around
here into one city. Until then we
wish the town of Seneca which will
come in some shape or other much
luck.