Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1901-10-07
THE COURTS OPINION.
What the Supreme Court said
About It.

Below is given the syllabus and
opinion Of the Supreme Court in the
case of South Morgantown against
the city of Morgantown. This was
decided some time go ct Charles
Town. 1t will be seen that the
court did not leave the plaintiff a
leg to stand on:
The Constitution in Art. G.,
Sec. SO, does not prohibit the Legis-
lature from passing a special law
repeating the charter of municipal
corporation. or uniting the territory
of several municipal corporations,
and thus repeating their former
charters.
2 Chapter Id, Acts o. 1901, in
cooperating the City Of Morgantown,
is not in violation of Art 6, See. 80,
of the Constitution.
3 Courts will not hold an net Of
the legislature to be contrary to the
Constitution without great caution
and unless it be manifestly and be-
yond doubt unconstitutional
Opinion, by Brannon, President.
The towns Of Morgantown, South
Morgantown, Seneca and Green
mont, covering adjoining territory
in Monongalia county, existed as
separate municipal corporations un
der distinct charters until the Act
of the legislature passed 24th of Jan
uary 1901. That act erected and
created a new municipal corporation
by designating certain territory, in
Guiding all the territory covered by
those four towns, aud incorEa tin,
it under the name OF The City OF
Morgantown" 1t repealed the pre-
existing charters of those towns by
necessary implication. Dunfee VS.
Childs, 45 w Va, 159; Gains case;
s Id. 100; Mobile VS. Watson. 1I6 u.
S. 2S9. The recorder of the former
town of South Morgantown, under
authority of that act, turned over to
the officers of che new municipality
the seal, records and papers of the
town, and later the mayor and coun-
cilmen of South Morgantown, deny
ing the validity of the act of 1901,
and asserting the continued exist
ence Of South Morgantown as mu-
nicipal corporation, applied TO Judge
John w. Mason, of che Circuit
Court Of Monongalia county, for a
writ of mandamus against the coun-
Gil OF the new city of Morgantown
to compel it to restore to the coun-
Gil OF South Morgantown its corpor-
ate seal, records and papers, which
being refused by Judge Mason, a
rule for writ of mandamus was
awarded by judge of this court.
The City Of Morgantown appeared
to this rule and moved its discharge
because improvidently awarded, on
the claim that the petition for the
writ discloses no ground for it, and
also filed an answer.
The sole question necessary TO DO
decided, the only one discussed by
counsel in oral argument, is the val
idity of the act of 1901, incorpora-
ting the new city and plotting out
the four former towns. By common
law the legislature has vast power
over municipal corporations. AS
stated in Hornbrook v. Elmgrove,
40 w. Va 543, it can make and un-
make them at its direction. NUM-
.cipal charters are not contracts be-
tween the state and towns or cities,
but are simply granted for govern
mental purposes, as .mere instru-
ments chosen by the legislative pow
er to perform certain functions in
the administratis 1 u Cue ata.5 svs-
eminent. No right vests under
them in the towns or cities that is
above subsequent legislation. Pro
basco V. Moundsville, IL w. Va,
sol. The proposition stated in
Roby v. Sheppard. AZ w. Va, p.
2S9. is not too broad, that is that
the power of the legislature to divide
large municipalities, to annul their
old charters, to re organize them, to
consolidate small ones, as well as to
detach portions of territory from
one and annex them to another, to
meet the wishes of its residents. or
to promote the public interest, as
understood by the legislature, is
conceded to the legislature It's
power is thus full, in the absence of
constitutional prohibition. This is
well settled law. Board v. Board,
30, w. Va, 425; Beach Pub. Corp.
1897; Piqua Branch Bank \. Knoop,
16 How. 1863; Merriwether V. Gar
rett, 102 U. s. 472; Kelley \. Pitts
burg, 104 U. S. rs; Ohio '. Cincin-
natl, 81 L. r. A. 1877; Girard V.
Philadelphia, Wall 10. But it is
conceded that these principles do
not apply, because sec. 80, Art. 6, of
the Constitution, provides that the
Legislature shall pass no local or
special law incorporating siti7a,