Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1899-01-16


| Some Of the legal questions involved
How debts may be contracted I'm
possibility of getting vote to build
! new one under the circumstances
! Injunction TO be feared from taxpay-
! ers and owners Of present bridge
4 Value OF Franchise and the property
as it now stands-L0w price named
by the owners
More ignorance of law and less COM
mon sense are displayed by those who
assert they are for free bridge and at
the same time give the lie to the as
sertion by declaring they are for new
bridge and opposed to buying and
making free the present bridge prop
erty. The most ardent advocates of a
new bridge must admit it cannot cost
less than 500, 900 and most probably
much more. 1t will be impossible to
build any kind of a bridge without
going into debt for it. No debt can
legally be created by the County courb
''unless all questions connected with
| the same shall have been first sub
mitted to a vote of the people. and
have received three afths of all the
votes cast for and against the same. "
See Constitution Art. 10 Sec. s. No
one will contend, for moment, that
three fifths majority can be secured
| for a new bridge debt, when the pres
ent bridge can be bought for $25. 900.
Any attempt to build on credit, or by
the creation Of a county debt will be
enjoined by parties interested. either
taxpayers, or the owners of the pres
ent bridge. With the certainty that
suits would follow, and that such a
debt, if contracted, could not be en-
forced or collected, no contractor
would undertake to build or TO furnish
the materials.
The right to collect such a debt
contracted for bridge and other coun-
| ty purposes was settled adversely by
the Supreme court of this State, in
the case Of Davis VS. Wayne county
court, reported in SO w. Va, page
104.
Syllabus of the case is as follows:
1st. Section s, Art. X. of the con-
stitution prohibits the mourning of
any Indebtedness by county court
which cannot be paid out Of the funds
on hand or the levy for the current
fiscal year without complying with
+! the other requirements Of this sec
| tion.
End. A county court cannot bind
the levies of future years under sec
/ tions 25, 20, C. 1914 Acts 1928 to pay
| for Improvements made on roads and
! bridges, without first submitting all
questions in relation thereto to vote
of the people, as required by section 5
art. x, of the constitution.
| 3rd. A contractor or laborer deal
| ing with the county court is charged
with notice of the constitutional linn
itation of its powers; and, it he per-
forms labor Or does work for it under
an authorized contract of payment
out of the levies of future years and
not out of the funds on hand or the
levy for the current fiscal year, he can
not recover for the same in an action
of assumpsit or compel the county
court by mandamus to lay a levy for
payment thereof. even though the
county court has issued certificates,
orders or evidences of debt therefor.
In this case the court held that how
ever meritoriouS and Just the claim or
debt, or however much the contractor
may have been misled by the court,
or by any legislation. these facts could
not make valid contract that Great
ed debt, and that it was the highest
duty of the court to preserve the con-
stitution inviolate, and that to hold
such debt valid and binding would
place it in the power Of the county
authorities to evade the constitutional
limitations, and bankrupt every coun-
ty in the State.
If the building of a new public
bridge will subject the county to pay
ment of damages to the full value
of the present bridge, and the crea-
tion of debt both for paying for the
new bridge, and damages to the old,
does anyone suppose three fifths of
our people will vote for creating the
debt or bonding the county? Do we
want to pay for two bridges when one
will answer every purpose?
The demand for new free bridge
or none is a demand for none and
simply means a perpetuation OF the
present system of tolls.
Arbitration for the price of the
Suspension bridge has been suggested.
Such an arbitration to be fair must
be binding on both parties, binding